Mt. Olive Township Council Minutes
January 29, 2002

The Regular Meeting of the Mount Olive Township Council was called to order at 7:30pm by Council President Scapicchio with the Pledge of Allegiance to the Flag.

According to the Open Public Meetings Act, adequate Notice of this Meeting has been given to the Mt. Olive Chronicle and the Morristown Daily Record. Notice has been posted at in the Municipal Building, 204 Flanders-Drakestown Road, Mt. Olive, New Jersey, and notices were sent to those requesting the same.

ROLL CALL: Present: Mr. Guenther, Mr. Greenbaum, Mrs. Miller,
Mr. Rattner, Mr. Scapicchio, Mr. Spino.
Absent: Mr. Perkins

President Scapicchio: Let the records reflect that we have Sherry Jenkins, Sandy Kaplan, Peter King and Mr. Dorsey present also. We have a Public comment period at the beginning of the meeting. Would anyone from the Public like to comment in reference to anything?

Dave Jones, Budd Lake, NJ: I have a couple questions for the Council. I noticed in the papers the Mayor proposed a tax increase. I just wanted to know from a couple of people on Council like Bernie Guenther, Rob Greenbaum, and Steve Rattner how this is going to effect their campaign promise as far as to hold the line on taxes? I was wondering if Mr. Guenther could respond?

President Scapicchio: I think I could answer that question for them, at this point in time, although they could speak for themselves if they would like too. We have had the Budget for a short period of time. Mr. Rattner and Mr. Guenther are on the Budget Committee. They are reviewing that. The Council starts their Budget Process on Saturday. The Council does not know what the Administration knows and the reasons why they propose a four point tax increase. I can only suggest to you that I would think the Mayor did not take that increase lightly, so he must have some reason for proposing that. But I can also assure you the Council is going to look very hard and scrutinize that whole Budget in an effort not to increase taxes, and if that is sufficient for Rob, and Bernie and Steve, or if you folks would like to answer on your own, you are welcome to.

Mr. Rattner: I don't really have much to add, but you have to remember what we received was what we call the Mayor's proposal. The Budget comes out of the Council when we actually review it. Now you heard what is happening not in just in this Town, but in the County and the State, and in the Federal Government with the way cost revenues are down and we just have to look at it. The big thing that it is going to come down to is what services we want to provide and balance out with what it costs. One example; the big item pick-up. That wasn't cheap. That equates, probably if you look in the Sanitation Budget probably anywhere from a point to a point and a quarter, just that alone over anything else. I am just using that one because that everybody appreciated, but there is a lot of different decisions like that, that we have to make. Not all of them are widely used. We are going to have to look at it department by department. The Town still has to be run. We want the roads paved, we want the garbage picked up, and we want the snow removed. Then we have to balance out with the things that are nice. The recreation and the extra, the bread & butter, and then there are the other things. We don't know where it is going to be right now. We are just reviewing it. Bernie and I will be discussing it with the rest of the Council for the first time on Saturday. Those meetings are open to the Public, and we'll be just seeing what we found in it, and be discussing what we found asking for more information from the Administration, basically making them justify some of the proposals they had. We will then take a vote at the end and see if the Budget goes up or down.

Mr. Greenbaum: I would just like to answer that question by saying that I live in this Town, I pay taxes, and I want to pay as little taxes as possible.

President Scapicchio: Dave, those meetings that we have on Saturday mornings begin at 9:00. You as well as the rest of the Public are welcome to attend.

Mr. Jones: Thank you.

Mr. Scapicchio: Anyone else from the Public? Seeing none we will close this portion of the Public Meeting and move forward.

ADMINISTRATIVE MATTERS

Mr. Kaplan: You all got copies of the notice to bidders that we sent out regarding the fact that we are out to bid again on Turkey Brook. We anticipate as of right now that we would be receiving the bids on February 19, 200, assuming there are no delays. We are waiting for additional information from Olympus at this point in time, and I have delayed giving out any bid speculations to the one contractor that has shown up requesting them at this point in time.

President Scapicchio: Because of what Sandy?

Mr. Kaplan: We still need some minor information from Olympus in Raleigh. We are hoping to have if not tomorrow, then the next day. Rather than distribute the bid specifications right now, we are going to hold them for a day or so and take the names and addresses of the contractors that show up requesting it, and when we have it completed we will provide it to them.

President Scapicchio: How many people have requested the bids? Just one?

Mr. Kaplan: Just one so far.

President Scapicchio: Are we also going to increase the time frame in which they have to get their proposals back to us by the same amount of days it takes us?

Mr. Kaplan: As of right now we are still accepting the bids on the 19th.

Mr. Scapicchio: Can we make the suggestion that we increase?

Mr. Kaplan: We are looking into that as a possibility.

President Scapicchio: What information are we waiting for from Olympus?

Mr. Kaplan: We are still waiting for some quantities.

Mr. Scapicchio: We discussed that at our last Turkey Brook meeting, and are they disputing the fact that they want to include the quantity Sandy? Or are they gathering the information to include?

Mr. Kaplan: We had a problem and we have resolved the problem with the fact that there are outstanding payments that had to be made, it has been resolved. They are now working again on this project.

President Scapicchio: Is that it as far as you are concerned with Administrative Matters? I have one issue that I will bring up under your Administrative Portion. The other day Bernie and I attended the Grand opening of the Wallmart store on International Drive South. They awarded the Municipality a $1,500 environmental grant to be used towards Turkey Brook Park. They had issued me a check dated December 10, 2001 in the amount of $500 with a note that said the balance to follow. So at this point in time, I am sorry. It was a $2,000 contribution with $500 given to us that day and a note that sdail210 $1500 on the way. So at this point in time, I will turn this over to the Township Clerk who can handle it in the appropriate manner. John, it just says environmental grant there, but do we need to take any action to insure that those funds are put in the Turkey Brook pot.

Mr. Dorsey: I thought that there was going to be a separate account for various non taxpayer contributions to Turkey Brook. The first was Toy's R Us, the other one from Toll Brothers, and I thought you were going to have that all separate.

Mrs. Jenkins: We have a separate Turkey Brook donation account that was set up as a dedication by Rider last year.

President Scapicchio: So when that gets over to you, you will handle that in the appropriate fashion?

Mrs. Jenkins: Yes. It will go right to that account.

LEGAL MATTERS

Mr. Dorsey: We completed today the settlement on the DTA site. If you recall, we had four sites that were contaminated. The first one we got for a check right away from DEP. The second one was the Amoco site which was a $192,000, we got a check for that. The D & D site we had to sue for the second

Mr. Dorsey (cont'd): half of that. We have now reached an agreement and Sherry already has the first payment. There is a mortgage now on the property of Mt. Olive to guarantee the balance of the $45,000 settlement. What this means is that each of the four sites that were contaminated during the installation of Budd Lake interseptor. We have now recouped the dollars, all of the dollars that we expended beyond what was originally anticipated or what could be allocated to the remediation costs right Mr. Rattner?

Mr. Rattner: If you say so. I don't know the total dollar amounts.

Mr. Dorsey: We did. Toll Brothers, last week I wrote you a letter, we had negotiations with Toll Brothers relative to the Dryham Woods site, when we left that meeting; Chuck, Gene and I believed that we had reached an agreement that the water system would be turned over to the Township on a permanent basis, but that their individual sanitary sewer system would remain within the Township, we'd grant them a franchise to operate it as you get a connection with Country Oaks. Mr. Fuller called to day no, we had it wrong, they wanted both. We said no we are not going to have it that way. You get one, we get the other. He called back today and he confirmed that arrangement. So I am hopeful by the time of your next meeting, that their developer's agreement will be on the table. The reason I am hopeful that it is completed is because there is $350,000 in there for Turkey Brook, as a result in the reduction in the water tank that we agreed to almost two years go. Gene and everybody agreed, articularly Gene, that we do not want to take ownership of these individual septic or sanitary sewer systems. Because as I understand it is very complex methodology. We do take the water system, because as I understand it the long term hope is that all of the systems would be ultimately connected. What slowed this down was at the last meeting of December someone on the Planning Board said, hey we think you want to essentially renovate, restore the Goldmine Water System. So they are now making that part of their overall system which will alleviate the problem that has not been dealt with for a long time, here was an inadequate supply, or inadequate storage. So Goldmine will then become part of this larger water system that will also become the Township's after it is successfully installed and operated.

David Scapicchio: Should we start to think about discussing the issue of requiring certain types of sewer systems be built so that we can begin to take these over. Do we want to have a multiple number of different operators within the Municipality and is that something that we could begin to discuss?

Mr. Dorsey: That is a policy decision, but the policy decision that has been made in connection with two developments was that the scientific aspect of these operations are so complex. It is not in the Township's best interest to take it over. In contrast to the water system, when you have a cadre group of people that know how to operate water systems. I have had a lot of experience with them. These sanitary package systems or whatever they are, are created on an individual basis. They don't all use the same system for the treatment .

President Scapicchio: The question I would have for you John, could a Municipality require that a certain system be built?

Mr. Dorsey: You would have to develop Ordinances that would require that every system put in such as Country Oaks would be of a certain nature and a certain type that once built would have to be turned over. The Ordinance does not currently require that sort of arrangement with the septic system because it has kind of been the policy, I am not saying it has to be the policy in the future but it has kind of been the policy not to take on those kind of problems, because they come to haunt you.

Mr. Greenbaum: John, excuse my ignorance, because I really don't know the answer to this question. What is the benefit in taking over a private sanitary sewer system?

Mr. Dorsey: From Gene Buczynski's standpoint there is no benefit and there is a detriment because the Township does not have the manpower or the knowledge or equipment to run it.

Mr. Greenbaum: Let's assume we did?

Mr. Dorsey: The reason why we might want to take it over is theoretically you could operate one of these things at a profit. We don't generally operate our utilities at a profit, so it is not as if you are going to have a tremendous runoff. In contrast to the sanitary sewer systems, the water systems. We have the cadre. We have been operating them for many years.The Township made a conscious decision several years ago not to sell those systems. The Township could successfully operate them from a knowledge and scientific standpoint and it can maintain

Mr. Dorsey (cont'd): reasonable rates for the users of the system. It has always been when you sell those systems, the Township can take in some big bucks, but then immediately the rates are going to go up. So between the water and the sewer systems, it is really a question of whether you have the knowledge and the experience. Apparently the sewer systems are done on an individual basis.

Mr. Greenbaum: I could understand why the Township would want to maintain control over the water systems. I didn't understand why we would ever have an interest in these few or any sanitary sewer systems that might be built in the future. Seems to me it is a liability.

Mr. Rattner: It is a very big liability and answering Mr. Scapicchio' question is that each site is different. The soils, how much room you have. I know that the Country Oaks I believe it is just a regular typical package plant. I believe the other one is a more of a communal septic system. where they are going to have some high level of treatment and then they are putting a big septic system underneath some fields and it is really going to work that way. One of the things you have to worry about, especially on small systems, utilities operate efficiently when you have a certain scale. With the changing laws and requirements; if you have to have an upgrade and you only have 200-300 customers and it costs you a couple million dollars, you'll go broke. Water systems at least there, water is water and we can connect them together. We wouldn't be able to connect the sewer systems together. And the water system, actually like what we heard tonight, that was one of the reasons, early on we started negotiating with them was to give a water supply for the other Development is that we could actually expand on it and solve some other problems. We have done that in a couple other areas I believe. The developments digging up Route 46 right now is solving some problems in that area.

Mrs. Miller: My question is that if they keep that water tower which I am certain about the water system, the water tower that they going to put on the B & H property. That was the property that was purchased by our Open Space Trust Fund. For a private company to be running a water system on Open Space Trust Fund Property, I am not even sure if the DEP would approve if that.

Mr. Dorsey: They are not going to operate it. We are going to operate it.

Mrs. Miller: Well this letter indicates that they want to indicate it as a private Public Utility.

Mr. Dorsey: We said no to that. I said no to that demand. Then yesterday they called up and they conceded that the water company would be turned over to us once it is in operation.

Mr. Guenther: Just a comment. These package plants, as a general rule I think if we had a Sewer System that was a basis for connecting other surrounding areas, I think you'd make an exception and run that, because if we run with the same personnel, we are not running our other system, these, package plans, it is my understanding, and I am not 100% sure of this, that the State the DEP is even discouraging now, a new development, the installation of these package plants. So it is not something that is looked on very favorably for the future apparently from the DEP standpoint.

Mr. Dorsey: One final thing. ABC has been advised of our Resolution of our issues with Limericks. I was kind of amused about this. Once again the Deputy Attorney General in charge called and said they are preparing for trial, in terms of must be 100 violations they had, and she inquired to me as to whether or not this Resolution would be that Mount Olive Council people would be calling her and saying lay off Limmericks. I guaranteed her that no one from Mount Olive will call and say anything except go for the gold in terms of your prosecution. So I was amused.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

Dec. 18, 2001 Present: Mr. Guenther, Mr. Heymann, Mrs. Miller,
Mr. Scapicchio, Mr. Sohl, Mr. Spino, Mr. Rattner
Absent: None

ROLL CALL: Passed Unanimously with the exception of Mr. Greenbaum who abstained.

CORRESPONDENCE

Letters from Residents

1. Letter received January 14, 2002, from Lisa Farley, President of the Flanders Crossing Homeowners Association regarding Safe Access to Flanders Park.

Resolutions, Ordinances, Correspondence from other Municipalities

2. Resolution received January 17, 2002, from the Borough of Florham Park regarding A Resolution Amending the Drug Free School Zone Statute.

3. Ordinance received January 25, 2002, from Washington Township regarding Land Use.

League of Municipalities

4. Washington Update received January 15, 2002, from the New Jersey State League of Municipalities regarding Congressional Action and Prospects.

5. Letter received January 15, 2002, from the New Jersey State League of Municipalities regarding Access to Records Amendment Seminars.

6. Letter received January 22, 2002, from the New Jersey State League of Municipalities regarding League Seminar 2002 Fiscal Update.

7. Letter received January 22, 2002, from the Morris County League of Municipalities regarding the Morris County Bioterrorism Task Force Buffet.

8. E- mail received January 23, 2002, from the New Jersey State League of Municipalities regarding League Legislative E line for January 23, 2002.

MSA / MUA

9. Minutes received January 14, 2002, from the Musconetcong Sewerage Authority Regarding the Minutes of December 5, 2002 and the Goals for the Year 2002.

DOT / DEP / Permit's / LOI's

10. Letter received January 14, 2002, from the State of New Jersey Department of Environmental Protection regarding Letter of Interpretation - Line Verification Applicant: Informational Services International Block 104, Lot 1 (100 International Drive North)

11. Letter received January 15, 2002, from the State of New Jersey, Department of Environmental Protection regarding Dam Safety Compliance Schedule Form, Mine Hill Reservoir Dam.

12. Letter received January 24, 2002, from the State of New Jersey Department of Environmental Protection regarding a Permit for Saint Elizabeth Ann Seton Church.

13. Letter received January 24, 2002, from Nusbaum, Stein, Goldstein, Bronstein & Kron regarding an Application for an Amendment to the Water Quality Management Plan For Crown Tower Estates.

Correspondence from Legislative Representatives

14. Letter received January 11, 2002, from Congressman Frelinghuysen regarding E-Newsletter December 14th.

15. Letter received January 22, 2002, from Assemblyman DeCroce regarding Assembly Bill 1420, which limits construction permits.

16. Letter received January 22, 2002, from Assemblyman E. Scott Garrett regarding

17. Resolution A-2371 which would authorize the Commissioner of Labor to issue certifications and

18. promulgate regulations in connection with the siting, location and operation of mines and quarries.

Correspondence from Organizations / Committees / Boards

19. Notice received January 18, 2002, from NJN Public Television regarding "Drumthwacket Then and Now."

20. Letter received January 22, 2002, from A Partnership for Senior Citizens regarding tax reform.

21. Letter received January 22, 2002, from the Morris County Board of Chosen Freeholders regarding the Third Annual County Goose Damage Management Workshop.

22. Letter received January 25, 2002, from Housing Partnership for Morris County regarding Benefits.

President Scapicchio commented that we had 20 pieces of correspondence, and if Council if anyone had any comments on same. Seeing none. We have no Ordinances for Public Hearing.

ORDINANCES FOR FIRST READING

Ord. #3-2002 An Ordinance of the Township Council of the Township of Mount Olive Establishing Salaries of the Department Heads, Supervisory and Certain Non-Union Personnel and for the Employees of the Township Clerk's Office for the Year 2002. (Salary 3Adjustments for the Tax Collector & Building Inspector & DPW Director)

Mr. Ratter moved that Ord. #3-2002 be introduced by Title and Passed on First reading and that a meeting be Held on February 26, 2002 at 7:30 pm and Mr. Guenther seconded the motion.

ROLL CALL: Passed Unanimously

CONSENT RESOLUTIONS AGENDA:

Resolutions on the Consent Agenda List are considered to be routine and non-controversial by the Township Council and will be approved by one motion (one vote). There will be no separate discussion or debate on each of these resolutions except for the possibility of brief clarifying statements that may be offered. If one or more Council member requests, any individual resolution on the Consent Agenda may be removed from the Consent Agenda List and acted on separately.

MOTION TO APPROVE CONSENT RESOLUTIONS AGENDA

1. Resolution of the Township Council of the Township of Mount Olive Authorizing a Reduction in the Performance Guarantees of the Kaplan Companies in Connection with Oak Hill I - Section II.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing a Reduction in the Performance Guarantees Submitted by the Kaplan Companies in Connection with Oak Hill Section II - Stephens Park Road/Offsite Improvement.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing a Reduction in the Performance Guarantees Submitted by the Kaplan Companies in Connection with Woodfield at Mount Olive - Sections IIA Single Family.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing a Reduction in the Performance Guarantees for Woodfield at Mount Olive - Section IIC.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing a Reduction in the Performance Guarantees Submitted by the Kaplan Companies in Connection with Woodfield at Mount Olive - Sections IIA & IIIA - Apartments.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing a Reduction in the Performance Guarantees of the Kaplan Companies in Connection with Oak Hill I - Section I.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing a Reduction in the Performance Guarantees Submitted by the Kaplan Companies in Connection with the Development Known as Oak Hill II.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of the Performance Guarantees Submitted by K-Land No. 5, LLC, i.e., Woodfield at Mount Olive- Sections 1A& 1B.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees Relative to the Partial Clearing of Sections IIA, IIC and IIIA of Woodfield at Mount Olive.

10. A Resolution Authorizing the Refund of Taxes Due to County Board Judgments. (Mohammed Akhtar & Brooklake Partners)

11. Resolution of the Township Council of the Township of Mount Olive Authorizing an Agreement with St. Clare's Hospital for Community Health Services.

12. Resolution of the Township Council of the Township of Mount Olive Authorizing an Agreement Between the County of Morris and the Township of Mount Olive for a Project to Realign the Intersection of Bartley-Flanders Road/River Road and Tinc Road in the Township of Mount Olive.

13. Resolution of the Township Council of the Township of Mount Olive Approving a Professional Services Contract for the Township Attorney for the Year 2002.

14. Resolution of the Township Council of the Township of Mount Olive Requesting the New Jersey Legislature to Provide Urgent Relief to the Citizens of New Jersey Arising from the Financial Burden Placed on Them by the New Jersey Property Tax.

15. Resolution of the Township Council of the Township of Mount Olive Relative to an Agreement with Greentree at Indian Springs.

President Scapicchio stated that we had 15 items on the Consent Resolution Agenda. Just a note. Resolution No. 13 is Mr. Dorsey's retainer. The agreement had $85,000. Mr. Dorsey has graciously agreed to keep that retainer at $80,000 so that will be the only change. With that could I please get a motion Rob?

Mr. Greenbaum moved for the adoption of Resolutions No. 1 though 15 and Mr. Spino seconded that the motion.

President Scapicchio: Council Discussion?

Mrs. Miller: I just want to comment on No. 12. I have asked for a map and a time frame of when that construction was going to begin, I would like to thank the Administration, Sandy for supplying that. I think that No. 12 should be given to the paper so that maybe they can maybe alert people that we are going to have some major construction in that Barley, Flanders, River Road, Tinc Road area, so they can learn to avoid it. I believe it is going to happen in April or May. I would like people to read about it in the paper so we can learn to avoid it. The less traffic we have there the easier the construction will go too.

President Scapicchio: Great suggestion Charlene. Any Public Comment on the Consent Resolution Agenda? Seeing none, we close the Public Portion.

Mr. Rattner: Also on Resolution No. 12, if you talk to any of our County Officials, thank them because this was on a priority list, but after the application for the Weiss Supermarket and looking at the traffic that was going to be in that area they moved it up. In fact it went very quickly. The last year they were spending time checking the surveys and acquiring the property that was required, so they could improve that intersection, which as of today has to be the worst in Mt. Olive. It looks like it will be handled very similar to the way Bartley Road by the golf course was handled. Although they did move it up and they actually moved it up about two years. It was in their five year plan but on the later years and they moved it up when they realized the need.

Mr. Guenther: I have a comment on that. I am looking at this map, but it does not tell me very much. About how the lanes go. For example how does the traffic come out of Tinc Road?

Mrs. Miller: There is a detailed map I think the Clerk has, but everything is being moved over. This is being made bigger.

Mr. Guenther: What about people coming out of Tinc Road?

Mrs. Miller: It has been moved back, because this has been extended.

Mr. Guenther: I understand that. I can see a lot of congestion here at this corner. I don't think it alleviates the problem here.

ROLL CALL: Passed Unanimously with the Exception of Mr. Guenther who voted no on No. 13.

President Scapicchio: Charlene the Bill List please.

MOTIONS

1. Bill List.

Mrs. Miller moved for approval of the Bill List of 20 pages and Mr. Rattner seconded the motion.

ROLL CALL: Passed Unanimously.

2. Approval of the Appointment of Frederick Danser, Esq. As Alternate Labor Attorney.

Mr. Greenbaum moved for the approval of the Appointment Frederick Danser and Mr. Rattner seconded that motion.

ROLL CALL: Passed Unanimously with the exception of Mr. Spino who voted no.

President Scapicchio noted that this was on the recommendation of the Administration.

COUNCIL REPORTS

Library Board Liaison Report - None

Recreation Report - None

Board of Health Report - None

Planning Board Report

Mr. Greenbaum: As I indicated to you last time, Shoprite had come before the Planning Board seeking the three part expansion. They got about half way through their presentation, and there was an objector, who had retained an attorney. I believe it is the individual who owns the two shopping centers presently existing in Flanders. That would be the A & P shopping center and Mr. Riad. Because of the schedule of the Planning Board, the application was heard and then carried until the March Meeting. So that will be the next time that it is ultimately heard. Coming in this week, I think the major application is going to be Woodland Estates again, the 10 lot sub-division on second St. in Budd Lake.

President Scapicchio: Rob, are those two objectors to that Shoprite application within 200 ft?

Mr. Spino: One objector.

Mr. Scapicchio: There is one objector. Is he an owner within 200ft?

Mr. Greenbaum: I believe that probably the Mall at Flanders is…

Mr. Spino: No.

Mr. Greenbaum: You don't think it is.

Mr. Spino: No

Mr. Greenbaum: I think it is. I don't know where the property ends

Mrs. Lashway: He doesn't own the Mall at 206 he owns on the other side of the trestle.

President Scapicchio: Someone could object if they are not within 200 ft. of the variances?

Mrs. Miller: Yes.

Mr. Greenbaum: The 200 ft. simply denotes the boundary to which you are required to give notice by certified mail, but anyone can object.

Mr. Rattner: I have a question on that, because I have been reading about it and actually have been hearing from a lot of residents that are happy saying "o" boy Shoprite. Are they actually asking for any major variances?

Mr. Greenbaum: There are two major issues that appear to be coming to the forefront. The first is a sign variance. They want a 60 ft. sign because of the location of the property. We haven't gotten to that testimony yet. That would be the planner's testimony and will be discussed in March. The second issue relates to the sewer, whether or not there is enough capacity in the sewer system to allow for the three part expansion which they are seeking.

Mr. Rattner: I don't know how long it was when that developer came in and wanted that property rezoned. We were concerned about the intensive use. How you would get up there, the esthetics. In fact I think one of the recommendations of the Planning Board was about lighting. Because they were worried about light pollution just from the parking lot because it was already high on the hill. Just so you know my concern. I don't like these type of projects where somebody comes in asks you for a variance or asks or for some special dispensation, they do what, they want and then they come back a couple years later and they want to go a little bit further because it is not good enough. When we made a very conscious decision said if we can limit what you want to do, we will go along with it, because I don't think we were real excited about having something with that high of an occupancy, especially up there high on the hill that it would be so apparent. A 60 ft. sign just seems really out of place. Obviously you want to be seen from a mile away but I don't think the residents would like that.

Mr. Greenbaum: I don't want to speak for anyone who is on the Planning Board, but I think that it is an issue which is going to have to be addressed and I don't know how anyone is ultimately going to vote on it.

Mr. Rattner: I am just saying because it was here before us, and it will probably come back for one thing or another and we will have to make those changes.

Mr. Greenbaum: I can tell you with regard to the lighting, as far as I could tell from the plan, there is no increased lighting that has been requested. They are simply going to move several of the light fixtures which are there currently. Parking lights.

Mr. Rattner: 60 ft. Lights.

Mr. Greenbaum: Yes

Mr. Rattner: That lights up the whole neighborhood

Open Space Committee Report - None

Legislative Committee Report

Mr. Guenther: This Friday Steve, Earl and I will get together on Earl's suggestion. The legislative genda that was sent in from the League of Municipalities to determine what positions we will recommend to the full Council and how we should respond.

Master Plan Report - None

Pride Committee Report - None

PUBLIC PORTION

Colleen Labow, Budd Lake: Rob did they move up Second Street?

Mr. Greenbaum: I think that it was always scheduled for February 7th .

Mrs. Labow: March 7th.

Mr. Greenbaum: My error, no they have not moved it.

Mrs. Labow: The other question I wanted to ask what Mr. Dorsey was talking about before with getting that sewer, we're not going to get that sewer, is that what you are saying?

Mr. Dorsey: The Sewer is going to be built by Toll Brothers at their expense and then operated in the future as a Public Utility to service the people that are connected to it.

Mrs. Labow: So who is going to actually…

Mr. Dorsey: Toll Brothers, or the company that operates it. They will have to operate in accordance with the rules of the BPU and any great increase will be subject to approval by the BPU.

Mrs. Labow: Because I know that every single day that water has to be tested, every single day it has to meet State requirements and guidelines.

Mr. Dorsey: We're talking about the Sewer?

Mrs. Labow: The Sewer. It is quite extensive and quite involved and if you are off a little bit it and if is not reported there are all kinds of fines and we don't really need that.

President Scapicchio: Anyone else?

Richard Bonte, Budd Lake : I just have a question on the Bill List on page 10. Is it customary that we pay $2700 for an employee holiday luncheon each year? Is that something that the taxpayers pay for?

President Scapicchio: It certainly is.

Mr. Bonte: There are no contributions made by the employees for their holiday party?

President Scapicchio: Not to my knowledge. The Administration is in a better position to answer that than I am. I don't normally attend.

Mr. Bonte: I don't have any other comment. Thank you.

President Scapicchio: Anybody else from the Public? Seeing none, we will close the Public Portion of this meeting. Any Council Comments?

COUNCIL COMMENTS

Mr. Guenther: Just on the Budget, for Mr. Jones. Steve Rattner and I have taken a first look at it, as Steve said this is a first submission. It is a rough draft. I certainly take my campaign pledge very seriously. We are going to look at it with a fine tooth comb and we are going to make the Administration justify what they put in there.

President Scapicchio: Okay we have an executive session to discuss the FOP contract negotiations. I am not anticipating that we are going to take any action when we come out of executive session Sherry?

Mrs. Jenkins: I have a memo of understanding with the FOP so you could potentially take action this evening.

Vice President Scapicchio: John, how should we handle that? I still think we should sit on it.

Mr. Rattner: One of the things that happened in the past is that is that at least as long as I have been here, we went through the contract negotiations, we put down our bullet points, we had the letters of understanding and everything else, and then a year later when a situation comes up we read the contract and found out there was a whole fletcher of things that we did not know about. Maybe they were appropriate so that is why we should read it.

Mr. Dorsey: I think the Council President is really asking did he tell the Public there would be no further action tonight I think the answer is yes.

Mr. Spino made a motion to go into executive session regarding employee contract negotiations and Mr. Guenther seconded the motion.

Meeting reconvened at 8:12 pm. Motion made to go into executive session. Following executive session a Motion was made for Adjournment. All in Favor, none opposed. The Meeting was Adjourned at 8:45 pm.

_______________________
DAVID SCAPICCHIO
Council President

I, LISA M LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on March 26, 2002

________________________
LISA M. LASHWAY
Mount Olive Township Clerk

nw