Mt. Olive Township Council Minutes
November 2 , 2006


The Special Public Meeting of the Mount Olive Township Council was called to Order at
7:30 pm by Council President Greenbaum with the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION for all those who have and continue to protect our freedoms and our ways of life, especially during this time of Thanksgiving.

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Mount Olive Chronicle. Notice has been posted at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive Township, New Jersey and notices were sent to those requesting the same.

ROLL CALL Present: Mr. Buell, Mr. Perkins, Mr. Rattner,
Mr. Greenbaum, Mrs. Labow, Mr. Tepper,

Absent: Mr. Biondi

Also Present: Mayor David Scapicchio; William Sohl, Business Administrator;
John Dorsey, Township Attorney; Sherry Jenkins, CFO;
Lisa Lashway, Township Clerk

ORDINANCES FOR PUBLIC HEARING

President Greenbaum: This evening we have three ordinances for public hearing. The first ordinance is:

Ord. #31-2006 Bond Ordinance of the Township of Mount Olive, In the County of Morris, New Jersey
Amending Section 3(h) of Bond Ordinance Numbered #27-2005 Finally Adopted
August 9, 2005 in Order to Amend the Description of the Project Authorized Therein.

President Greenbaum: At this point, I will open it up to the public for anyone who wishes to be heard on Ordinance #31-2006. Seeing none, I close it to the public and I would ask Mr. Perkins to please move that for approval.

Mr. Perkins: Thank you, Mr. President. I move for adoption and final passage of Ordinance #31-2006.

President Greenbaum: Is there a second?

Mr. Rattner: Second.

President Greenbaum: It has been moved and seconded. Is there any Council discussion? Does the Administration have anything to add on this particular ordinance? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #31-2006 is passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. The next ordinance for public hearing is Ordinance #32-2006 entitled:

Ord. #32-2006 Bond Ordinance of the Township of Mount Olive, In the County of Morris, New Jersey Amending Section 3(i) of Bond Ordinance Numbered #37-2002 Finally Adopted September 24, 2002 in Order to Amend the Description of the Project Authorized Therein.

President Greenbaum: Is there anyone from the public who wishes to be heard on this ordinance? Seeing none, I close it to the public and I would ask Mrs. Labow to please move this for adoption and final passage.

Mrs. Labow: I move for adoption and final passage of Ordinance #32-2006.

President Greenbaum: Is there a second?

Mr. Perkins: Second.

President Greenbaum: Is there any Council discussion? Any Administrative discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #32-2006 is passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. The third and final ordinance for public hearing this evening is Ordinance #33-2006 entitled:

Ord. #33-2006 Bond Ordinance Providing for the Acquisition of Various Equipment of the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating the Aggregate Amount of $122,000 Therefore and Authorizing the Issuance of $115,900 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

President Greenbaum: Is there anyone from the public who wishes to be heard on Ordinance #33-2006? Seeing none, I close it to the public. Mr. Buell, do you want to move that please?

Mr. Buell: I move Ordinance #33-2006.

Mr. Perkins: Second.

President Greenbaum: Moved and seconded. Is there any Council discussion? Is there any Administrative discussion on that? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #33-2006 is passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. We have three items on the Consent Resolutions Agenda this evening and they deal with budget transfers.

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.

CONSENT RESOLUTIONS

1. Resolution of the Township of Mount Olive Providing for the Transfer of 2006 Budget Appropriations for the Recreation Utility Budget.

2. Resolution of the Township of Mount Olive providing for the Transfer of 2006 Budget Appropriations for the Water Utility Budget.

3. Resolution of the Township of Mount Olive Providing for the Transfer of 2006 Budget Appropriations for the Current Fund budget.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: Does any Councilmember wish to take any of the three resolutions off the Consent Resolutions Agenda? Seeing none, I would ask Mr. Rattner to please move the Consent Resolutions Agenda.

Mr. Rattner: Thank you, Mr. President. I move Consent Resolutions #1, #2 and #3.

Mr. Perkins: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard on any of the items on the Consent Resolutions Agenda? Seeing none, is there any Council comment?

Mr. Rattner: Doesn’t it usually say when we have these budget transfers that budget transfers are just a normal part of our operation. When you do a budget at the beginning of the year, it’s your best guess on what you need to run each individual department, each type of expense. What you have is, at the end of the year you have some that you spent a little bit more and some you spent a little bit less. As long as it all comes out, it means it was a pretty good budget. So there is nothing extraordinary about budget transfers and it is just a normal part of the process. I do have one item because it is a rather large item and that is on the third one, which is the fleet maintenance. The $47,000 that we had to put in, I think you remember over the course of the last six or seven months I was commenting on a lot of the fleet maintenance out of contract expenses which appeared to be and I am actually....the cost of the vehicle but because we spent more on the vehicle we had to expense things like the lettering the lights, whether there would be screens on dump trucks. So to see a number as big as $47,000 is distressing in that we had a budget and we went through the capital. That $47,000 should have really been in capital expense or we should have gotten a lesser vehicle to make sure we were in budget. It’s money already spent, so we have to pass it.

President Greenbaum: Thank you, is there any other brief clarifying statements? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

RESOLUTIONS NON CONSENT

President Greenbaum: There are two resolutions on page #2 that are Non Consent. The first one is,
Resolution #4. entitled:

4. Resolution of the Township Council of the Township of Mount Olive Authorizing a Separation Agreement with former Township Administrator Rick Prill.

President Greenbaum: Mr. Tepper, do you want to move that please?

Mr. Tepper: Yes. I move Non Consent Resolution #4.

Mr. Perkins: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Greenbaum: It has been moved and seconded. Is there anyone from the public who wishes to be heard on this particular Non Consent Resolution? Seeing none, I close it to the public. Is there any Council discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Just on a quick note. I thought the Administration did a very good job in terms of moving the Mount Olive Government forward and treating Mr. Prill with the dignity which the Township should always offer to its ex-employees.

Mayor Scapicchio: I would like to add that Rick was very helpful in the week that he remained here with Bill and certainly helped Bill out through that partial transition. It was helpful and we appreciated it, thank you.

President Greenbaum: Thank you. The next resolution on the Non Consent Resolutions Agenda is #5. entitled:

5. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to SMAC Corporation for the DPW Garage Office Construction.

President Greenbaum: Mr. Buell, do you want to move that please?

Mr. Buell: I move Resolution #5.

President Greenbaum: Is there a second?

Mr. Perkins: Second.

President Greenbaum: It has been moved and seconded. Is there any discussion from the public on this particular resolution? Seeing none, I close it to the public. I had made the decision to put this back on the Agenda prior to...or I should say subsequent to the last time that we discussed this at which time it was defeated. I thought that because it was such a close vote and because there was a motion to reconsider, that it was worth putting back on the Agenda for tonight’s meeting. Since that time, we have obviously all received information concerning where we’re at and where we are going with the DPW garage. I don’t know whether or not you have had enough time Mayor, Mr. Sohl, to give us a recommendation as to your thoughts as to where we are going with the DPW project and how we are going to go about completing, whatever it is that we are going to complete.

Mayor Scapicchio: We do. Bill has been working with Tim over the past few days to put together what he calls a project overview in terms of the cost. Does everybody have this project overview document dated 11/20/2006? Bill, why don’t you explain to the Council what you did and where we are and what our recommendations are in terms of moving forward.

Mr. Sohl: Thank you, Mayor. In reviewing where we were at, especially in light of the failure of the resolution when we last attempted to be acted on, it was clear to me that what the Council at least was looking for in starting gate mode was, what is it going to cost to finish this project? We know we had a $1.9 million bond. There is another $100,000 in front end engineering costs in another small account area. Looking at the $1.9 million as to what has either been spent or otherwise accrued because of bids and monies that have already been expended, if you look at the sheet and you look down, I broke out the S. E. D. the A. P.S. on construction the
R. R. which is going to do the detention basin, the water and sewer. Various in-house, Morris County co-op costs, where we are doing work.....we, the Township, are doing work under Tim’s direction and we are using various products that we have to use, Morris County soil permit, etc. Bottom line is, with all those deducted from the $1.9 million you have a balance potentially of $303,000. We do know and in front of you right now is the resolution which would award $176,000 contract to SMAC for the interoffice work spaces bid. It would exclude the electric because that would just simply be over the top and it was felt in discussions with Tim and with Suburban Consulting that the contract to SMAC would just as soon left that out and have it rebid. So that leaves $176,000 to be covered. Next, then at this point in time, assuming you folks pass the resolution of a balance of $127,507., then we looked at what is it going to take to finish this project, electric, heating and ventilation, milling and paving of the parking areas additional in house materials for drainage for the recycling center, communications costs, phone and IT lines, office and locker room furniture. Bottom line is an additional $430,000 above this $176,000. That nets out to a negative $300,000....$302,000 to be more exact, or conversely if you want to look at it is what the overall project is, it’s $2.2 million. That’s what we are looking at right now based on the last couple of days of assessment. We met with Suburban Consulting, Tim and myself, Mr. Prill when he was still here and this is the start, trying to get the documentation in front of you, the Council, to fully understand where we are going.

President Greenbaum: What is the recommendation of the Administration?

Mayor Scapicchio: The one thing that this doesn’t include is the actual labor that the Municipality expended on behalf of our employees and we will try to plug some sort of number in there for you at some point in time but that number is not in here.

Mr. Sohl: Actually, I do have... not the number in terms of dollars but we do have the numbers relative to estimate of how many hours have been expended. Tim do you have that with you?

Mr. Quinn: I didn’t bring it with me, it was approximately....

President Greenbaum: Just state your name for the tape.

Mr. Sohl: I am sorry, I have it. It’s just in the wrong pile.

Mayor Scapicchio: To date the DPW employees have spent approximately 480 hours with site clearing for the DPW building. Tim is estimating that they are going to require another 240 hours to complete the drainage in 2006 and that work doesn’t include any work in the bio-swales, which will happen next year. So right now, there is 720 man hours and that doesn’t include everything.

President Greenbaum: Let me start by saying that I am very appreciative of the fact that now for the first time since this project has moved forward we have an understanding of where we are and where we are going. Even though Mr. Rattner and myself and the rest of Council had been asking for that information for the better part of a year and a half while this project has been moving forward. You know my position to date has not been to vote for anything having to do with the DPW project because I had no real feel for where we were in terms of cost. Now I know and I know where we are going and I am very appreciative of that. I am sure that everybody sitting up here feels the same way that we finally have gotten what we have been asking for, for a long, long time. Now, with the understanding that we are looking at it $2.2 million number for a $1.9 million budgeted project, what is the Administration’s recommendation in terms of how we are going to complete this project? Are we going to scale back the project or are we going to look to complete the project with additional funding from the taxpayers of Mount Olive? Have you come to a conclusion on that at this point?

Mayor Scapicchio: My recommendation would be to move forward with the contract for SMAC this year and we are certainly going to have to address....rebid the heating, ventilating and the electrical portion of it. Hopefully, that’s going to come in at or below the available funds that we have to do that. The balance of the project completion items which total about $ 305,000 are going to have to be addressed in 2007. So for the purposes of this meeting in 2006, our recommendation is that we move forward in awarding that contract to SMAC and rebid the electrical, heating and ventilation and hopefully those bids come in at or below what it is budgeted for and we can move forward with that. We have this building there. We need to complete the building. I know it is a hard pill for everybody to swallow. That $1.9 number was a number that none of us ever believed and it was a number that we tried to back into and you can’t back into the number and what Bill has provided to you we believe to be fairly accurate on numbers and having said that, Bill has only been here five or six days working with Tim on that. I just wanted everybody to understand that.

Mr. Sohl: I... just to the point that Rob, Council President, made scaling back is really not an option because that is something that may have been doable a year and a half ago when you wanted to scale back globally but your left with items that can’t be scaled back because they just have to be done.

President Greenbaum: Council discussion?

Mr. Buell: Heating, ventilating and air conditioning, does that include...one of the reasons to build this garage was the fact that about seven or eight days a year we can’t get our trucks started because of the cold winter up here. Will we have the ability to heat at least the trucks to the point that we can make sure that they will start?

Mr. Quinn: Mr. Buell, basically the sanitation garage, the garage for the Packard trucks is not going to have a heating system in it. That is going to have the electric panel for the engine block heaters. The heating in the main garage, there is going throughout the whole garage, not air conditioning, that will basically be confined to the employee and office area of that building. There will be heat in the main building.

Mr. Buell: The trucks will be able to be hooked up to the electrical system so that you can keep them heated during the evening.

Mr. Quinn: In the Packard garage yes.

Mr. Buell: The Packard...that is the one in the back.

Mr. Quinn: That’s the long thin garage in the back. That is going to be for the recycling and the solid waste trucks. That garage is not going to be heated it is going to have ventilation in it. That is going to have the power cords for the block heaters.

Mr. Buell: So this will not affect this at all. Is the office construction more important than the heating, air conditioning and the ventilation in the large building?

Mr. Quinn: To complete the project, yes. That is the next step on the project and I think it should be followed as it was planned out. Basically, we need a place for our employees. The areas that they are in right now there are no decent facilities for the men to use. So they need a place where they can clean up and use the bathroom and such.

Mr. Buell: So we will be able to shut down the building down near the beach and save the $6,000 or $7,000 a month we are now spending in propane down there....

Mr. Quinn: That is the plan, yes. Basically, we are going to be moving everything from that facility up to the new facility and we will be pulling everything out of those two buildings down there, that we are using down there and the trailer.

Mr. Buell: So if we disapprove this office construction, we would not be able to move the people from down at the beach basically....

Mr. Quinn: That is correct.

Mr. Buell: Up to this building.

Mr. Quinn: Yes.

Mr. Buell: The cost of that is what, $7,000 or $8,000 a month...I think as I remember it, in just propane cost alone.

Mr. Quinn: For just the propane and plus you have an additional $300 for the trailer rental that is down there.

Mr. Rattner: Jim, the major cost of the propane is heating the garage not the offices because it’s opened to the wind and so we are heating a lot of the outside. I would imagine...I don’t know what kind of heat, was it electric heat in the trailer?

Mr. Quinn: Yes.

Mr. Rattner: Okay, so there was no propane.

Mr. Quinn: The propane is for the garage.

Mr. Rattner: That propane was just to keep the garage... you’re just talking about what the savings are going to be when you move the vehicles up not because of the office.

Mr. Tepper: Mr. Quinn, how are you going to use the interior office space without electrical or heating?

Mr. Quinn: It was spec’d out that there will be partial electric. It is going to be installed by the building contractor into the section where the office space and the employee area is going to be and that is going to tie in with the second section of the contract which will be the rest of the electrical and the heating in the main garage.

Mr. Tepper: So if they did everything but that, they did the milling and paving and the in house materials and everything accept the interior office space and electric and heating, you would not be able to use that building?

Mr. Quinn: Well, the men would have to remain where they are in the trailer down the road or I will have no place to put my people. If we move forward and do the recycling center, then we are going to lose the sanitation trailer also. So I will have an issue as to where I will be putting my employees.

Mr. Tepper: You can’t put that trailer here on a temporary basis?

Mr. Quinn: The one down at the road garage?

Mr. Tepper: Yes.

Mr. Quinn: We can probably put it anywhere we want it, it is on wheels.

Mr. Tepper: Right.

Mr. Quinn: The problem is, to get this whole site done there is not going to be room to put another trailer up here. What you are not understanding is, when the recycling center is completed, the sanitation trailer is no longer going to be there. That has to go, it is in the way of the project.

President Greenbaum: Any other comments? Yes, Mayor.

Mayor Scapicchio: I have a question for Tim. Tim, the electric service for that building, what contract is that in?

Mr. Quinn: That’s what we are looking to rebid right now, is the electrical service for the building.

President Greenbaum: What he is saying is, there is a portion of the electrical that is in the contract for the office.

Mayor Scapicchio: I understand that but if the office is done and the service to the building isn’t done, you can’t use the electric in the office.

Mr. Quinn: That’s correct. Basically, the projects are meant to kind of tie in together. I must have
misunderstood your question.

Mr. Tepper: I don’t see how you can utilize those spaces without having those two pieces. I would recommend pursuing everything but those and put those off to next year and still stay under our budget.

Mr. Quinn: We need the two pieces. The two pieces do tie in together to get the project completed.

Mr. Tepper: I agree but your not going to get the electrical, heating and ventilation this year. They do tie together. You’re not going to see them this year based on what the Mayor has just said.

President Greenbaum: No, I don’t believe that is accurate. I think that they are looking to rebid the second portion.....

Mayor Scapicchio: Russ, can I clarify that? There was $142,000 for the electric, heating and ventilation pulled out of the SMAC bid.

Mr. Tepper: Right.

Mayor Scapicchio: If we move forward with the other portion, there is $127,000 and some change left. It’s Suburban’s understanding and Tim’s that there is probably about 20% in this $142,000 that they took out. So we are hopeful that we can rebid that, attract additional bidders because it is simply electric.

Mr. Tepper: I agree but do you believe you are going to have that rebid and award it and complete it this year?

Mayor Scapicchio: I can’t answer...I can tell you we will probably......

Mr. Sohl: 2006, if we pass this tonight you’re not even going to see this...

Mr. Tepper: That’s my point. It’s not going to happen this year.

Mr. Quinn: But it can be awarded possibly by the end of this year. The work can continue through the winter time. It’s in a contained building.

Mr. Tepper: I agree but it can be done without the interior office space as well this year.

Mr. Quinn: We can pull off anything you want to pull off it.

Mr. Tepper: I mean you can pave the thing you can do everything but that......

President Greenbaum: Russ, I believe you made your point. I think it is fairly obvious that without being able to move forward with the electric that the building is not going to be utilized this year. I think that’s fairly obvious. Not withstanding that, I think that ultimately we are going to have to move forward with both of these options and I don’t see any benefit to.....or stalling. It seems to me that the recommendation was it was a good price, let’s move forward with it and let’s move forward with the bidding on the electrical aspect and get that done as quickly as possible. So that perhaps by the tailend of the winter season that it may actually be operational. Your point is well taken. Anyone else with comments? Let’s put it to a vote, Roll Call please.

ROLL CALL: Passed Unanimously with the exception, Mr. Tepper voted no.

PUBLIC PORTION

President Greenbaum: At this point in the meeting, I will open it up to anyone in the public who wishes to be heard on any particular issue. Mr. Russell, if you would be so kind as to just state your name and address.

Nelson Russell, Budd Lake: I know this is the three Bond issues that we approved tonight. All three of them contain the pole barn. The way you read it, you are authorizing funds for three pole barns.


President Greenbaum: You had brought that to my attention last time. I had looked at it and.....Sherry, do you want to answer that?

Mrs. Jenkins: Yes, it is not for three pole barns. It’s just a total cost of the pole barn, we had to revise a couple of ordinances to come up to the amount of money that they needed.

President Greenbaum: Mr. Russell understood that, he is more commenting on the wording of the ordinances. They deal only with.....it’s the way that they are worded. It actually appears that we’re actually putting much more money into this project. First of all, there isn’t that kind of money in these Bond Ordinances to start with, so that’s not a reality and I understand. I did agree with you when you brought it to my attention. It is just something that slipped through the cracks.

Mr. Russell: That was just my point.

President Greenbaum: That’s accurate, thank you. Is there anyone else from the public? Seeing none, I will close it to the public.

COUNCIL COMMENTS

President Greenbaum: At this point in time I will take final comments from the Administration and Council. Mr. Sohl, did you have anything this evening?

Mr. Sohl: Nothing else.

Mayor Scapicchio: Nothing.

Mr. Tepper: Well again, as we talked about the DPW garage over the last several months, we’ve discussed the fact that the people approved $1.9 million and we have not believed that it would come in at that amount and we have asked for accountings and we finally got one which confirms our belief that it is going to exceed. I guess I would like to have a better understanding of what we are going to do to fund it and if we are going to take it out of next years monies, then I believe we should expend what we can do right now to get the building completed without going over it. I believe we can do that since the interior work space, the electrical and heating aren’t going to be done until next year, that we can do the remainder of that building. Obviously, that is not shared but I don’t believe we should approve it at this point in time if there is a possibility of going over what was approved by the people when they voted on it. So I am not going to approve any expenses that go over that amount.

President Greenbaum: Thank you, Mr. Buell.

Mr. Buell: None right now.

Mrs. Labow: I just want to say welcome Mayor Scapicchio and Mr. Sohl. I want to say it has been delightful the past week and a half. When I had a question or concern to actually pick up the phone and call and actually speak to the Administration and discuss the issues, and it is greatly appreciated. I am looking forward to having a very good solid year here in Mount Olive.

Mr. Perkins: No comment.

Mr. Rattner: I’ll pass.

President Greenbaum: I too will pass. Motion to adjourn out of the Special Public Meeting.

Mr. Perkins: So moved.

Mr. Tepper: Second.

President Greenbaum: Moved and seconded, all in favor?

AYE

ADJOURN to Workshop


Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 7:59 pm.

_______________________________
Robert J. Greenbaum, 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 December 12, 2006 .

_____________________________
Lisa M. Lashway, Township Clerk


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