Mt. Olive Township Council Minutes
April 29, 2003

PLEDGE OF ALLEGIANCE

MOMENT OF REFLECTION in recognition of the men and women fighting terrorism and those who have lost their lives defending the freedom we all enjoy

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT
According to the Open Public Meetings Act, adequate Notice of this Meeting has been given to 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. Scapicchio Mr. Spino, Mr. Perkins, Mrs. Miller
Mr. Guenther, Mr. Rattner
Absent: Mr. Greenbaum

ALSO PRESENT: Mayor Licitra; Cynthia Spencer, Business Administrator; Lisa Lashway, Township Clerk; John Dorsey, Township Attorney.

PUBLIC COMMENT PERIOD

ADMINISTRATIVE MATTERS

Proclamation & Certificate Presentation by Mayor Licitra – Mt. Olive Middle School Boy’s Basketball Team

Mayor Licitra: Mr. Nick, I’ll call you up in a minute, okay? You could tell everybody a little bit about this team and I will read a couple of things. The Mount Olive Middle School Boys Basketball team won first place in the greater Morris County Jr. School Coaches Championship Group IIII Boys Basketball Championship on February 1st against Livingston Heritage Team. The Score was 65 to 53 and I think Mr. Scapicchio was there representing the Mayor and Council. Other wins before that was Mt. Olive against West Essex on January 28, 2003; 57 to 38. Also Mount Olive against Roxbury January 25th. I would like to read the names of the members of the team and then we could read a proclamation and give out some certificates.

Matt Haymer Russell Hallaway Dave Otay
Andrew Augustine Ray Jefferson John Pace
Alex Baley Keith Kirby Joe Rec
Devon Delastretto Zack Krumphner Aikeem Thomas
John Fitzgerald Darin Lang Sebastian Rogue
Paul Fortunado Dan Lyons Mike Werner
Brian Hole Dan Marks

Mayor Licitra: My son is going to be 29 and I know that Mr. Nick coached him along time ago which is almost 15 years ago. Probably even more, I know you have been doing this for a long time and I know the boys enjoy it because my son did, that was for sure, my son did. We are very proud of our boys, that’s for sure. Championships breed other Championships. Championship teams breed other Championship teams. I think Mount Olive has a feeling right now of being Champions in a lot of ways. Both in the way we react, in the way we carry ourselves, the people we have in our Township, and the teams that we show on the field and on the courts. We are very proud of everybody that participates and takes the holistic approach to growing up whether it be an education, or whether it be in sports and both of them together make the child. I have enjoyed all the years that I put in to the sporting programs in Mount Olive. We’ll all celebrate on July 19, 2003, when we have our opening of Turkey Brook and everybody will be there to have a nice night and we’ll breed some more championship teams because everybody will feel like a championship team just playing on the fields that we are going to put together. At any rate, I have a proclamation from the office of the Mayor honoring the Mount Olive Middle School Boys’ Basketball Team.

Whereas, it is with great pride that Mount Olive recognizes the hard work and determination of the Mount Olive Middle School Boys Basketball Team; and

Whereas, Coach Jerry D’Albis worked diligently to condition, train and support the team; and

Whereas, the MOMS Boys Basketball Team defeated West Essex and Roxbury in playoff games; and

Whereas, the MOMS Boys Basketball Team played on February 1, 2003, in the Greater Morris County Junior School Coaches Association Championship Game; and

Whereas, they defeated Livingston Heritage 65-53; and

Whereas, the MOMS Boys Basketball Team after defeating Livingston is now the Group 4 Greater Morris County Junior Coaches Association Champions.

Now, Therefore Be It Resolved, that on behalf of the Township of Mount Olive, I, Mayor Paul R. Licitra, do hereby proclaim Wednesday, April 30, 2003, as Mount Olive Middle School Boys Basketball Team Day in the Township of Mount Olive.

Mayor Licitra: I’ll tell you what I said to the other Champion, the football team, it doesn’t mean you can’t go to school. It doesn’t mean you can’t clean your room, but if you manage something in between with your parents, then that is fine with me. We do have some certificates, Mr. Nick, would you come up and take this, and you could help Mr. Guenther give out the certificates. We have certificates and I also have pictures of your team being presented by the Mayor and Council. What I would really like to do, but I had no time is I wanted to take the new bill board that we have that said this is Marauder Country and I wanted to super impose it on the back of this and I wanted the team on the front of it. I think we are going to start doing that with a lot of our teams now because everybody is getting the idea. That billboard is going to get a lot of pictures and a lot of use. We do have a certificate and we do have a team picture from the Mayor and Council and we appreciate your efforts. So Bernie, would you call the names and give them out and I will do whatever I have to do.

Mr. Nick: I would like to thank Mayor Licitra and the Town Council for these awards. A little bit about the team, we did have an excellent record and besides being good basketball players they are better students and they were very cooperative, I think no matter what the record was, they are a great bunch of kids, I wish them a lot of luck. They are great students, great kids and I couldn’t ask for anymore. Thank you.

Proclamation – National Day of Prayer

WHEREAS, Civic prayers and national days of prayer have a long and venerable history in our constitutional republic, dating back to the First Continental Congress in 1775; and

WHEREAS, The Declaration of Independence, our first statement as Americans of national purpose and identity, made “the Laws of Nature and Nature’s God” the foundation of our United States of America and asserted that people have inalienable rights that are God-given; and

WHEREAS, The Supreme Court has affirmed the right of state legislatures to open their sessions with prayer and the Supreme Court and the U.S. Congress themselves begin each day with prayer; and

WHEREAS, In 1988, legislation setting aside the first Thursday in May in each year as a National Day of Prayer was unanimously passed by both Houses of Congress and signed by President Ronald Reagan; and

WHEREAS, The National Day of Prayer is an opportunity for Americans of all faiths to join in united prayer to acknowledge our dependence on God, to give thanks for blessings received, to request healing for wounds endured, and to ask God to guide our leaders and bring wholeness to the United States and her citizens;

WHEREAS, It is fitting and proper to give thanks to God by observing a day of prayer in Mount Olive when all may acknowledge our blessings and express gratitude for them, while recognizing the need for strengthening religious and moral values in our State and nation; and

WHEREAS, this year marks the 52nd Annual National Day of Prayer with this year’s theme, “Righteousness Exalts a Nation”...but sin is a disgrace to any people”;

NOW THEREFORE, be it proclaimed that I, Paul R. Licitra, Mayor of Mount Olive Township do hereby proclaim, Thursday, May 1, 2003 to be designated as A Day of Prayer in Mount Olive and encourage our citizens to observe the day in ways appropriate to its importance and significance.

Library Board Trustees - Update RE: Bids and Building Plans

Jerry Sheard, President of the Library Board of Trustees: I was going to give you a quick update, however when I saw this resolution that you are going to pass later on, I think it is a slap in the face to the members of the board of trustees who have been working on this library since 1998 and particularly those who have been on the Library Board since it’s inception back in the 1970’s. We were not even advised of this resolution, had no idea of it and never even saw it until tonight when I walked into this building. As far as the Board, we did sign a contract with Blackstone Construction and we had a groundbreaking, I am sorry that some of you weren’t there, but it was pretty Mr. Sheard (cont’d): well attended. The only person that I failed to mention that was there was Bill Sohl, which I have somehow missed him when I was looking at other people, but the construction you’ll start seeing is starting up pretty soon. The fence was delivered today. The sign will probably go up and it will become Blackstone’s property basically from a liability standpoint. It is a construction site and we will have a fence completely around the property probably starting next week. Anybody that wants to go in at that time will have to go through the library or the construction manager. The plans are that during the month of May, you will probably see ground site work being done, we still have to do our soil conservation work before we do any major site work and once that has started, you’ll start seeing progress. We will be doing a monthly progress report at our trustees meeting. A copy will be given to your liaison, Dave Scapicchio, and hopefully he’ll bring it back to you. The progress will also be on our website and anybody who wants to can get a copy off the website. We will keep the newspapers involved as the board of trustees normally will. The anticipated completion is still June 4th of 2004 and without any unnecessary problems coming up. So you will be seeing action. We have already taken steps to control certain things, although now with the resolution that you are doing, I have to go back to the State to see whether we are going to get the amount of money we are supposed to from them because it changes the entire picture of the way the Library Board is supposed to operate under the law. So I’ll have to get back to Mr. Dorsey and the Mayor on that. Next week you will also see two trailers on site; one will be our construction manager, the other will be Blackstone. They will be on site next week. We hope the weather will be good for us, and we’ll be in, as I said, June of next year. Any questions?

President Guenther: Would you just explain to us as to why you feel so offended by the resolution in the packets?

Mr. Sheard: First of all, the Board of Trustees was appointed by the Council to govern and run the library including building maintenance, etc. We didn’t have any idea of what this resolution was until we walked in here tonight. Nobody from the Council or the Administration even sent us a copy of it.

President Guenther: We discussed it at last week’s workshop meeting and I believe a…

Mr. Sheard: Well, we don’t go to all the workshops.

President Guenther: I believe Jane was there at the Workshop Meeting.

Mr. Sheard: It wasn’t brought back to us on that. She doesn’t remember it.

Mrs. Israel: I wasn’t here last week.

Mr. Sheard: She wasn’t here last week.

President Guenther: You weren’t here last week, okay. You didn’t inform the Library Board at all.

Mr. Sheard: I am going to take that back to the board of trustees and see what they have at their meeting.

Mr. Scapicchio: There had not been a Library Board meeting since that meeting or I would have informed them.

President Guenther: Well, I think out of courtesy Jerry has a point. Somebody from the Administration could have called them and let him know that this is being considered.

Mr. Sheard: I don’t think the Administration knew.

Mayor Licitra: This is your agenda; this is your meeting, that was your resolution. Don’t say again, somebody form the Administration. If you want then say we all dropped the ball, but don’t pass it over here Bernie. I will be the first to admit that we get your agenda, should have looked at it and maybe have said something. But it still isn’t our meeting Bernie, it is your meeting. It is your agenda, and it is your resolution.

President Guenther: Paul, you have an Administration that is here eight hours a day.

Mr. Spino: Mr. Chairman, rather than get into a contest we don’t need, I agree, if Mr. Sheard was not notified, it was not the right thing, but let’s get on with our agenda.

Mr. Sheard: There is one other problem, the way that reads it does not give us the two percent or any change order possibilities or anything else which you normally will have in a construction site of this size. You have completely eliminated the Board of Trustees, the construction manager and the architect from everything.


Mr. Dorsey: Just so we understand each other, the resolution doesn’t eliminate the possibility of any change orders, it just means that those change orders are going to be approved by the Town Council because it essentially will require the appropriation of additional money. More than is currently encumbered.

Mr. Sheard: Well, I will agree with that and this is going to make it difficult because when you have a change order, now we have to come to the Council for every change order which is not normally done in any owner/contractor relationship.

Mr. Dorsey: We get into a very complex issue here as to who is the owner and who is not the owner and the Chief Financial Officer is very concerned about dotting the I’s and crossing the T’s for financial purposes. The fact of the matter is that we approve change orders all the time. So, you simply come back where there is a needed change order and I assume the Council will do it. I think they would, it is not for me to characterize.

Mr. Sheard: The way this was done, I don’t think they are looking at it from the library’s point of view and from the trustee’s point of view who have given a number of hours on this project already.

Mr. Dorsey: I think that is unfair. I think the Council is very appreciative of the efforts that the trustees have put in. As a matter of fact, I think the Council did a series of Bond ordinances to appropriate the money which the Board of Trustees believed was necessary for this project and certainly has assisted in other ways. But I think you also have to be fair and understand that the Township Council, the buck stops here. When it comes to money, everybody is very conscious about the expenditure of money today. The Township Council has to, at some point, report back or be taken to task by the taxpayers of Mount Olive. That doesn’t happen to the members of the Library Board of Trustees and the Council simply wants to be certain that it’s responsibility to the taxpayers is properly fulfilled and they don’t find themselves in a position where you approve some change order, they never knew about it and suddenly the cost of the project goes up by the famous number in Mt. Olive now, $800,000 for a change order. They simply don’t want that to happen. Not because they don’t trust you, not because they are not most appreciative of your efforts as volunteers, but because they have responsibilities to taxpayers.

Mrs. Jenkins: I am also on the Library Board, so I have a dual interest here. The resolution that was passed, we had talked at the last meeting about whether the resolution we did on the trustee side was going to be sufficient to cover me in terms of being able to make the expenses and when I went back to our auditor as I explained at that meeting normally we have a resolution on our side that allows me to encumber the funds and be able to spend it so the issue was raised basically for that purpose so that we have something documented so that I can encumber the monies and then make the appropriate expense.

Mr. Sheard: I am not arguing that point. It’s the way that it was done where we were not even told about the resolution. We discussed that, and nothing ever came back to us and yet we have been doing it for twenty something
years, having the library, and all of the sudden, you have taken everything away from us or trying.

Mr. Dorsey: That is a very unfair characterization.

Mr. Sheard: Well, that is the way they feel.

Mr. Scapicchio: We have given you almost $4 million, how did we take everything away? We have given you every penny that you have needed to fund that library. When Rita and the board came back, as this process proceeded and asked for some additional funding, we added additional funding to this project, so I agree with Mr. Dorsey, your comments are really out of line, Jerry.

Mr. Sheard: I am not getting on that part of it. The one problem I have right now is, are we going to lose any of our State Grant because of the way this was written?

Mr. Scapicchio: I think this Resolution simply deals with Sherry’s ability to release funds in accordance with that…

Mr. Sheard: That’s fine. All you have to do is let us know about it ahead of time. I have to answer to the Board of Trustees.

Mr. Scapicchio: Maybe that is something that fell through the system and maybe I am a little bit responsible for that.

Mr. Sheard: I am not blaming you or anybody else.

Mr. Scapicchio: You certainly would have been made aware of that at the next trustees’ meeting.

Mr. Sheard: The people of the Township are glad you put the money in for the library. We worked awfully hard to get it into the amount of money that you wanted to give us.

Mr. Scapicchio: You certainly did.

Mr. Sheard: We were doing it. Not the Council or anybody else, you said what we had and we had to make it meet those goals and were lucky that we came in under budget. But now we have to go back and make sure that we are going to get that grant based on the amount of money the town says in this resolution that we are going to get.

Mr. Scapicchio: The original amount of money is still funded. This resolution simply allows Sherry and the Administration to pay out that contract amount. That full amount is still funded. That is what I think you need to understand.

Mrs. Jenkins: I don’t have the authorization to pay out that amount of money based on a resolution that we did at the Library Board level. So I needed something on our side that was going to allow me to do that which is what this resolution does.

Mr. Scapicchio: We haven’t changed anything; we haven’t taken anything away from the funding that is in place. We have simply given the administration the authority to spend that money.

Mr. Sheard: But the way it was done, I disagree with. I have to go back as you know, there could be some upset people.

Mr. Scapicchio: We’ll be there.

Mr. Sheard: You can answer to them.

Mr. Scapicchio: Okay. I will take responsibility.

Questions on Bill List - NONE

OLD BUSINESS

Turkey Brook Park Project Status

Mrs. Spencer: Consolidated Building Corp - the job is almost complete. On this week’s Bill List we will be making a payment through 94% completion. Joe DeMaria met with the owner, Tom Laredo, last Tuesday and they did a walk through which resulted in the generation of the final punchlist items. Weather permitting, the vendor hopes to complete all punchlist items by week’s end, but with the probability of the storm hitting Thursday and Friday, it is more realistic to assume completion by September 26, 2003. Once completed, the contractor will do a review with the architect and release all required paperwork and documents per the contract specifications. This date remains within the contractors’ original window of 180 days for construction. Specifically for those who have recently visited the site, the stairway to the baseball tower was attached. The concrete was poured for the steps. The painting of the interior viewing tower was done. The countertops have been installed. The water and sewer lines have been run to the football/baseball pad site. The paving around both buildings has been completed. The soccer field pad was poured. The electrical panels have been installed and now they are waiting for GPU to turn on the power. The vinyl flooring is scheduled to be delivered tomorrow and as the last item to be completed, it will be installed Thursday. All punch list items have been addressed and as soon as GPU turns on the power, the vendor will meet with Joe DeMaria for acceptance walk through. Inspections for all final work and the CO’s have been requested for Friday, Monday and Tuesday. Kyle Conti Construction - Conti has continued to work on the remediation of soil issues on all nine fields. The specific items left to be addressed include: Gene advised Kyle of the Township’s concern regarding the grading around the inlet in the northwest corner of the football field and he will look at this and see about installing a riser ring to soften up the grade differential around the inlet. Gene discussed the need for the repair of the inlet in the northeast corner of the soccer field that has eroded as a result storm runoff and he will look into this. They discussed the adjustment that is still required for the goal posts and he is waiting for parts . At this point, Gene told him to wait until November to repair this after the football season. In regard to the as-builts, Kyle has most of the info, but he still must have his land surveyor get as-builts on the storm drainage. He does not feel he is responsible to provide as-builts for the fields since they were graded per the plans. Regardless, when his land surveyor goes to the site he will obtain grades around the football field to confirm that it was constructed per the plans. Maintenance Barn - the Building and Construction Department are ready to sign off on the 2nd floor construction plans this week. The roofing materials were donated by Brad Company Roofing
Mrs. Spencer (cont’d): through GAF Roofing Supplies. At this juncture, Jim is going out for new, revised quotes for the labor portion of the roofing work only. He hopes to have these within the next two weeks.

Old Municipal Building

President Guenther: I just wanted an update from the Mayor regarding the old Municipal Building. I think the last we had left it when we had the workshop that you were going to reach out to some architects in town and maybe get some ideas. What’s progressed along those lines, Mayor?

Mrs. Spencer: The Mayor asked me to reach out to Glen Pellet and Joe DeMaria, township residents who are also architects and I did that. We provided them with an outline of the property, a property map with the footprint of the existing building. What the terms and conditions are as we understand them from DEP and the requirements that have been laid out by the recreation committee and this Council through discussion. Last week we received a reply from Glen Pellet; he responded that he does not perform any work on a non-fee basis, however he did send all kinds of literature about his firm and if we are going to go out to bid, he would like to be included. Then I also received a phone call from Joe DeMaria, and although he was not able at this point to have anything ready for today’s meeting, he and his staff have already performed a preliminary feasibility study and he would like to come back to this Council by the end of the summer with some concept plans and some sketches for your review.

Mr. Guenther: Sounds Good. Close to two years ago, D2L associates who oversee water and sewer because we don’t have the proper certification, what is the progress of having our employees get the proper certification so that we can get them off this consulting contract?

Mrs. Spencer: It has always been my understanding since I started that the two individuals who are getting their proper licensing will be finished and should have taken the test and get their licenses by this coming September. It was my understanding that it was a year and a half process for all the course work. There are prerequisites so that you needed to take the courses in line and we have two employees who should be completing this for this coming September. They are both on schedule.

NEW BUSINESS

LEGAL MATTERS

Mr. Dorsey: Only to tell you that the closing on Devlin property which is not the taking of the fee, but the taking of the so called conservation easement is scheduled for 2 pm, this coming Thursday. We are prepared to close. Next Monday we will argue the Dattolo properties case before the appellate division and the litigation with AIG/Baker continues and now they wish to take Rattner’s deposition because they know he is at the heart of an alleged conspiracy along with mine. The fun continues at the Township’s expense.

Mr. Rattner: Does that mean we are partners in crime?

Mr. Dorsey: You would certainly think that AIG/Baker would classify as a subject.

Mr. Scapicchio: John, can you explain to me what that mechanics lien from Vollers is all about?

Mr. Dorsey: About a year ago, Vollers filed a municipal mechanics lien claim against any monies to come due to AIG Baker as a result of the release of various performance bonds. It’s about two months ago that we determined, based upon Gene’s analysis, that they would perhaps a half a million dollars in performance bonds than cash, given the state of completion of the road and other improvements that AIG Baker was entitled to have returned to us. We adopted a resolution, we adopted Gene’s analysis, but then we said as we were required to say, that the monies would not be released until such time as Vollers municipal lien claim was satisfied. There are two ways to satisfy a municipal mechanics lien claim. It’s the same with municipal lien claims in private industry. You could either post a bond in double the amount, or you can pay it out. AIG Baker had told me for the longest time, they tried to convince me to release the money notwithstanding Vollers’ lien, and I said under no circumstances will we do that. Then of course in their usual flip way, they said, we’ll just go to court and make a motion. Of course they have never gone to court to make that motion because the litigation between Vollers and AIG Baker is enormous. One of the attorneys for AIG Baker stood up in federal court and said that they were claiming $10 million in damages against Vollers and I think Vollers is claiming something in the neighborhood of $4-5 million dollars that it is owed on the project and it is a very complex issue and a lot of it deals with the issue as to the water that was on the site, that’s underground water, either streams or just drainage through there that apparently has had this horrendous effect on those walls because I understand that the cost of remediating the bulging and collapsing walls was in the neighborhood of $1-1.5 million. But any way, we are partied to that litigation, because Vollers sued us as well as AIG Baker. We have an indemnification agreement from AIG Baker whereby they are supposed to defend us, and Mr. Dorsey (cont’d): they are supposed to indemnify us from any and all claims. But that is major litigation that has now been sent into mediation. I can’t imagine that mediation can resolve what can be $15 million dollars in claims, but that’s what they are currently doing while pursuing us.

Mr. Scapicchio: Thank you.

President Guenther: What about the north wall? Have they finished the repair work?

Mr. Dorsey: My understanding is that is one of the first walls that were fixed. My understanding from Gene is that they have now repaired, they have now completed the remediation, of all of the retaining walls and last Wednesday Gene gave to Thomas Alfano, who is the current project manager of AIGBaker, the final punch list and according to Gene, it’s not that I doubt what Gene says, but one cannot predict whether AIG Baker will reverse the position expressed to Gene, they have accepted that as the final punchlist. I know they have accepted the items that were on the punchlist and they are supposed to be pursuing it but it is my understanding that the remediation to all of the walls has been completed.

President Guenther: Well I noticed that the wall by Sam’s Club, they still have it barriered off and I don’t know what’s going on there. It does not seem to have been completed or even touched, that part. What about the committee that was formed of the area people?

Mayor Licitra: They met tonight. Tonight there were six people at the meeting because Cindy and I were meeting with Mount Olive Park Partners. So far, and Jim is going to correct me, we don’t have that many issues coming up from the neighborhood. Cindy sends them the minutes of the meetings, whoever missed the meeting, and the people in the neighborhood know who to contact if they have a problem, besides us, we have some pretty vocal people on the committee. So far so good. Jim, did anything come up tonight that we should know about?

Mr. Lynch: There were four concerns raised tonight by the attendees of the meeting. One of the concerns that was addressed was with the detention basin being created as a body of water on site, would there be any issues with mosquitoes? Based upon the fact that we are going to be bringing water in from wells, it’s from a very deep aquifer, and with the turnover of that water through the irrigation system on a nightly basis, everything points to the fact that with the moving of that water through the system and with the cold temperatures, there will not be mosquito larvae development. If at any point we noticed that there is, we will notify Morris County Mosquito Commission, they will come in and treat a body of water which is their standing practice throughout the County. I don’t anticipate that situation arising. Another issue which was raised was use of park by citizens of New Jersey, not just Morris County or Mount Olive. The park is created, there is green acres money involved, it is open. Obviously our residents will be the primary users. It is open though to anyone to come in and use it. It is a public park. It will be patrolled by our police force, it will have hours that are enforced through the Township code, so they understood that and they just didn’t know what we perceived the use to be. I can’t determine that. I said we would monitor it, but we were not going to speculate on it. There was a concern with run off, along Sunset Road. The road department, after the winter, got in there. We cleaned out some of the existing ditch that was created when it was a farm. There are no issues of run off into the back yards along Sunset Road that was brought to my attention tonight. Everyone seemed happy with the work that was done by the road department. We will be further cleaning out some of the underbrush in that ditch and restoring it to the proper functioning level it was when it was originally created. The last question was just to check on the tree planting along Sunset and Flanders Road. It is an ongoing thing. The landscape contractor is on site daily, they are mulching, they are replacing trees, and they are adding trees. As they get materials available, and they work with Kyle Conti Construction, they are directed to finish the Planning Stages in various areas. A lot of times that is going to be completed after Conti goes through and does his rock removal and what not and does his final grading, so it is progressing and everyone seems very accepting of that. Those were the four concerns.

President Guenther: Thanks Jim.

Mr. Rattner: Two things. I noticed quite a few houses on Flanders Road have an accumulation of dirt on the front of the house, probably because everything was open and blowing. Is anything going to be done? Even if we don’t get complaints now. Because I don’t want Conti to leave and then some of the residents are starting to complain, like what about this because I didn’t think of it, or somebody brings it up. But I was to a couple of houses there and there is an accumulation of dirt, you know, under the shingles, it shouldn’t be very hard for them just to wash it down. I could speak to the Mack residents on Flanders Road. Conti will be power washing that residence. There was a complaint lodged last year. When Conti is ready to remove all of his equipment from site and there will be no more construction disturbance, Conti will be cleaning that house. I think Administration would have to speak to the situation with the rest of the homes.

Mr. Rattner: I think just go around because I know people on there and some of the houses, when I went up, I didn’t say anything to the people at this point, but I noticed accumulation of dirt and I think it was probably blowing through the last year. The other is, are we planning to get some snow fence up? I don’t know how many trees are going to go up. One of the things that happened with it being wide open, the snow and everything else just blows across and the wind picks up because we don’t have anything to stop it. We plan on getting some snow fence so at least to break some of that wind.

Mr. Lynch: We did over the course of this winter, our road supervisor Tim Quinn and I did look at that throughout the Winter with plowing needs and we accessed that. There will be snow fence installed next year to minimize any drifting out onto Flanders Road. Now that we have identified it, it is a new area that we are going to have to maintain. We will plan for it and do it.

Mr. Rattner: If we had enough vegetation, we wouldn’t need it. But obviously for a while and even if we plant things, it is going to be a few years before it is big enough to stop it and that is the only reason why I brought it up.

Mr. Lynch: We have made note of that over the last winter.

Mrs. Miller: I don’t believe there has been any discussion about the maintenance of the remaining field down towards the pond. I noticed the last time I was there, and it has been quite a while since I have been there that there is a lot of those Russian Olive up trees starting to grow up in that field and I believe that we want to keep it open. That was supposed to be like a wildflower meadow. Are there plans in the future for mowing, or cutting back some of the shrubs that are already starting to grow there? I haven’t heard anything along that line.

Mr. Lynch: What we will do once we take the site back over from Conti Construction, that is outside the limits of his contract. My staff will be called upon to address those areas. We will be out there mowing, keeping down some of the undesirable undergrowth and putting in, we could put in wildflower seed. We are going to look to go in, probably at first just to control any erosion and to minimize the impact of bare earth with a perennial or annual rye grass seed just to stabilize the soil, then we will go from there.

Mrs. Miller: I have nothing against a nice meadow with high grasses that only need to be mowed once or twice a year. I am just concerned about the amount of like you say woody plants that have started to take in that field.

Mr. Lynch: We looked into and identified some species, and eventually I would like to go with some fescues and some type of prairie grasses to get to a moderate height but are only twice a year to mow. We are going to go to that, it is just right now with Conti still having work on site, for us to get back there and take that over, it is not going to get away from us in the near future. As soon as we get in there in June, we’ll get back there and address that.

President Guenther: Thanks, Jim.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

March 11, 2003 Present: Mr. Rattner, Mr. Spino, Mr. Greenbaum, Mr. Scapicchio, President Guenther
Absent: Mr. Perkins, Mrs. Miller

April 22, 2003 CS Present: President Guenther, Mr. Scapicchio, Mr. Rattner, Mr. Greenbaum, Mr. Spino, Mr. Perkins
Absent: Mrs. Miller

April 22, 2003 Present: Mr. Rattner, Mr. Perkins, Mr. Spino, Mr. Greenbaum, Mr. Scapicchio, President Guenther
Absent: Mrs. Miller

Mr. Scapicchio made a motion to approve the Minutes listed above and Mr. Rattner seconded the motion.

President Guenther: Council discussion? Seeing none.

ROLL CALL: Passed Unanimously with the exception of Mrs. Miller who abstained on all, and Mr. Perkins abstained on March 11, 2003.

CORRESPONDENCE

Letters from Residents

1. Letter received April 7, 2003, from Lawrence J. Fox on behalf of Mr. and Mrs. J. Presco (49 Outlook Ave) regarding Purchasing the Adjoining Parcel from the Town.

2. E-mail received April 14, 2003, from Al Waid regarding the Old Municipal Building.

Resolutions, Ordinances, Correspondence from other Municipalities

3. Letter received April 9, 2003, from the Borough of Bloomingdale regarding Resolution endorsing efforts to preserve and protect critical surface and ground water supplies within the Highlands.

4. Resolution received April 14, 2003, from the Morris County Board of Chosen Freeholders regarding 2001, 2002, 2003, expenditures.

5. Ordinance received April 25, 2003, from Washington Township regarding Land Use.

Notices / Tort Claims

6. Notice of Claim received April 14, 2003, from Damiano Fracasso, Esq. regarding Brendan Petty v. Mt. Olive Board of Education.

7. Public Notice received April 17, 2003, from Legalized games of Chance Control Commission regarding the amendments to Bingo and Raffle Rules.

8. Tort Claim received April 23, 2003, from Fusco & Macaluso, P.A. regarding Ahmed Wright.

9. Notice of Claim received April 25, 2003, from Frank Tobias regarding Joshua Lisojo.

League of Municipalities

10. E-mail received April 4, 2003, from the New Jersey State League of Municipalities regarding Comment period on “Big” Map Extended to April 25 and Water/Wastewater Annexes to LEPs.

11. E-mail received April 8, 2003, from the New Jersey State League of Municipalities regarding Correction to April 4th E-mail (above).

12. E-mail received April 15, 2003, from the New Jersey State League of Municipalities regarding Cable Franchise.

13. Letter received April 16, 2003, from the New Jersey State League of Municipalities regarding Property Tax Relief Initiatives.

14. E-mail received April 17, 2003, from the New Jersey State League of Municipalities regarding NJLM Seminar – Responsible Government Blueprints for Success.

15. E-mail received April 22, 2003, from the New Jersey League of Municipalities regarding Opposing A-2487, Healthcare Mandate.

16. E-mail received April 22, 2003, from the New Jersey State League of Municipalities regarding “What Every Municipal Official Can do to Make Property Tax Reform a Reality.

17. Legislative Bulletin received April 22, 2003, from the New Jersey State League of Municipalities regarding Bills that were enacted as the Public laws of 2003.

MSA / MUA

18. Minutes received April 9, 2003, from the Musconetcong Sewerage Authority regarding the March 5th meeting.

19. Minutes received April 9, 2003, from the Musconetcong Sewerage Authority regarding the March 14th meeting.

20. Letter received April 23, 2003, from the Musconetcong Sewerage Authority regarding Comments, Objections, and Recommendations NJ DEP Priority List.

DOT / DEP / Permit’s / LOI’s

21. Letter received April 7, 2003, from Certified Engineering of NJ regarding NJDEP Major Stream Encroachment Permit / Deerfield Estates, Block 7000, Lot 64.

22. Letter received April 7, 2003, from EcolScience, Inc. regarding Application for Letter of Interpretation: Line Verification Block 403, Lot 2 (Between Waterloo Valley Road and Interstate 80).

23. Letter received April 7, 2003, from Environmental Technology regarding Request for Individual Freshwater Wetlands Permit Applicant: Rezamir Estates, Inc. (Shop Lane) Block 7000, Lot 64.

Correspondence from Organizations / Committees / Boards

24. Letter received April 8, 2003, from Joseph Jagniatkowski of Local Government Services regarding 2003 Municipal Aid Program / Ironia Road, Mount Olive Twp.

25. Letter received from Coldwell Banker regarding the “Auction Division.”

Utilities / Cable

26. Fax received April 7, 2003, from Comcast regarding Conference of Mayors, Action Packed Sports, Supporting our Troops, April being “Volunteer Month” and Municipal Breakfast.

27. Fax received April 9, 2003, from Comcast regarding scheduling conflict with the NY Yankee games.

Letters from Legislative Representatives

28. Registration for Smart Growth Seminar received April 21, 2003, from Alliance for Action.

29. Fax received April 23, 2003, from Christopher Donnelly regarding McGreevey Declares Uniform Weapons Policy for State Law Enforcement Agencies.

COAH

30. Newsletter received April 15, 2003, from the Council on Affordable Housing regarding Smart Growth Legislative Package.

President Guenther stated we had 30 Items of Correspondence and asked if Council had any comments on same.

Mr. Rattner: No.1, I guess this is more of a legal question, we dealt with this property owner requesting to purchase land from the town about year and a half ago. From the letter we got from their attorney I don’t see how they are changing anything, we offered to sell them the land if they would merge it because we were concerned about creating an extra building lot. I see this letter come in and I guess I am wondering why, unless they think we forgot about it.

Mr. Dorsey: Maybe they think you are scraping for money to close the budget gap. I don’t know, he played games with us the night he was here sparring with our words, ultimately when he was pinned down, he said no, he wouldn’t accept those conditions. You can have the Clerk write him a letter and ask whether he is prepared to accept that condition.

Mr. Rattner: According to his letter I think he is asking for the same terms again. His terms, not ours.

Mr. Dorsey: I think that is right. What you say is true.

President Guenther: Any other comments? I have a letter here. I guess we should schedule this for the next workshop, a letter from Schoor Depalma from Gene Buczynski regarding the sidewalk project on Route 46. Has everybody seen that letter? Should we schedule that for discussion at the next workshop to see what we want to do?

Mrs. Lashway: I believe at the workshop you will be ready to make a recommendation.

Mrs. Spencer: So you really just want a status report; I believe it is a grant project, isn’t it? For Route 46 sidewalks.

President Guenther: Well, we have to make a decision.

Mrs. Lashway: We have to award the bid.

Mr. Rattner: It came in way over.

President Guenther: Well, no. We either award the bid, or we go for rebid or else go back to the State and resubmit the request for money if we decide to scale down the project. There are some major monetary decisions to be made here. We’ll have Gene here next week to discuss that at the workshop.

Mr. Dorsey: One other thing we have to deal with next week, and that is the resolution of the Vizzoni Group. I sent the resolution in. Have you all seen it?

Mrs. Lashway: No.

Mr. Dorsey: There was a resolution holding Vizzoni in default and then dispersing partly to the township money still held in accordance with Gene’s analysis of the cost of completing that work and also money to Vizzoni’s judgment creditor who has a judgment against all of Vizzoni’s money. There is a resolution I guess that Lisa will give to you, we have to get that on and get it adopted, not next week, but two weeks.

President Guenther: Okay. No further comments on correspondence.

ORDINANCES FOR PUBLIC HEARING

President Guenther opened the public hearing on:

Ord.#22-2003 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 2003.

President Guenther closed the public hearing on Ord. #22-2003.

Mr. Rattner moved for adoption and final passage on Ord. #22-2003. Mrs. Miller seconded the motion.

President Guenther: Council Discussion? Seeing none.

ROLL CALL: Passed Unanimously.

President Guenther declared Ord. # 22-2003 as passed on second reading and directed the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law.

ORDINANCES FOR FIRST READING
Ord.#23-2003 An Ordinance of the Township of Mount Olive Establishing a Weight Limit on Emmans
Road.

Mrs. Miller moved that Ord. #23-2003 be introduced by title and passed on first reading and that a meeting be held on May 13, 2003 at 7:30 pm at the Municipal Building, 204 Flanders Drakestown Road Mount Olive, New Jersey for a public hearing and consideration of second reading and passage of said ordinance and that the Clerk be directed to Publish, Post and make available said ordinance in accordance with the requirements of the law. Mr. Scapicchio seconded the motion.

President Guenther: Council Discussion?

Mrs. Miller: Usually when we put a weight limit on our roads don’t we also include delivery truck or school buses or something like that because those delivery trucks are all over six tons too.

Mr. Spino: You don’t have to put that in there, they have a right to go there, right?

Mrs. Miller: I thought we put that in the ordinance.

Mr. Dorsey: We don’t usually do that, but six tons is a pretty large truck.

Mr. Spino: I think ours are around four.

Mr. Dorsey: Yes. This is higher because this was at Roxbury’s request.

Mr. Rattner: Six ton gross vehicle weight really isn’t that much because you can buy a Dodge pickup from Johnson Dodge that’s 10,000.

Mrs. Miller: An empty school bus is seven tons.

President Guenther: I am sure there are a lot of exceptions, for example, somebody moving would bring a moving van.

Mr. Spino: If the person is making a delivery, they have a right to deliver.

President Guenther: Exactly. What they are trying to avoid is through traffic of these trucks. I guess they have a had a problem with it, I don’t know.

Mrs. Miller: This is in conjunction with the neighboring community.

President Guenther: They are the ones that requested it from us.

Mr. Scapicchio: Just like the weight limit that is on Flanders-Netcong Road, Blue Atlas has the right to receive deliveries and send out orders and a lot of times, or most of the times, those trucks exceed that weight limit.

President Guenther: Okay, no further Council discussion?

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.

President Guenther: Is there any particular item any Council member would like to take off that agenda?

Mr. Spino: Resolution 13 please, not that I am against it; I just want to talk about it.

Mrs. Miller: You just want to make a comment; we’re allowed to do that without moving it, aren’t we?

President Guenther: I guess so, I’ll ask the attorney.

Mr. Dorsey: Yes.

President Guenther: Okay, so we will not take it off.

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Filing of an Application to the Association of New Jersey Environmental Commissioners to Update the Natural Resources Inventory.

2. Resolution of the Township Council of the Township of Mount Olive Regarding the Mount Olive Township Library.

3. Resolution of the Township Council of the Township of Mount Olive Regarding Bennington Woods Subdivision Escrow Account.

4. Resolution of the Township Council of the Township of Mount Olive Awarding Local Telephone Billing Services to Bridgecom International, Inc.


5. Resolution of the Township Council of the Township of Mount Olive Awarding Telephone Coverage Services for One Year to ACC Business.

6. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Seagrave Sales & Service for a 1500 GPM Class “A” Mobile Fire Apparatus for Budd Lake Fire Department.

7. Resolution Determining the Form and Other Details of the $5,795,000 General Improvement Bonds of the Township of Mount Olive, in the County of Morris, New Jersey and Providing for Their Sale.

8. Resolution Providing for the Combination of Certain Issues of General Improvement Bonds of the Township of Mount Olive, in the County of Morris, New Jersey into a Single Issue of Bonds Aggregating $5,795,000 in Principal Amount.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Use of a Purchasing Contract (Road Salt).

10. Resolution of the Township Council of the Township of Mount Olive Canceling a Temporary Budget Appropriation for the Payment of Police and Firemen’s Retirement System –ERIP - $47,774.00.

11. Resolution of the Township Council of the Township of Mount Olive Authorizing the Submission of a Tonnage Grant Application to the State of New Jersey.

12. Resolution of the Township Council of the Township of Mount Olive Authorizing a Person-to-Person and Place-to-Place Transfer of Alcoholic Beverage License No. 1427-33-019-004 from Michael D. Kevil to Rare Hospitality International, Inc.

13. Resolution of the Township Council of the Township of Mount Olive Supporting the Preservation of the New Jersey Highlands as a Critical Natural Resource.

MOTION TO APPROVE CONSENT RESOLUTIONS AGENDA

Mr. Perkins made a motion to approve the Consent Resolutions agenda 1 through 13. Mr. Rattner seconded the motion.

PUBLIC PORTION ON CONSENT RESOLUTIONS

Ned McDonald, Budd Lake: Concerning Resolutions, four and five. I have been here at the past few meetings and I am still a bit confused on these two companies and services. Two different companies, one is getting a year contract, one is getting a month to month contract. Could you explain how these two key together. What are we really getting? We have gone over this before but why are there two companies? Are they giving different services?

Mrs. Spencer: One is local service and the other one is intralata, interlata, long distance. So the billings are done by different companies. So this is just assigning the rebilling at different lower rates than what we were receiving from our current vendors to these new companies. Now the ACC Business Systems require a one year commitment to take over the AT&T billings. Bridgecom works on a month to month basis to take over Verizon Billings.

Mr. McDonald: What will be the criteria where we will stay with a month to month? Would that possibly change? What would we be looking for?

Mrs. Spencer: We would be looking for further reduced rates.

Mr. McDonald: So these are both billing companies, they are basically doing the same thing except for different phone lines.

Mr. Rattner: What they are is, with the deregulation of the telecom industry, a lot of new companies came up. ACC is basically a non-branded subsidiary of AT&T so they are not competing against themselves. Bridgecom is a company, I believe they are international that was tariffed, that went before the BPU as a stand alone telephone company to provide both local long distance and high speed internet. What they do, is because with deregulation, Mr. Rattner (cont’d): there is only one telephone wire out there, they put in their own equipment in a Verizon, who owns all the local lines, they put in their equipment, use their lines, pay them rent to go on their lines. So they use the Verizons lines, ACC uses AT&T, but for all practical purposes, the state recognizes those as an independent company. Just like at home, you get all the different adds, and when it first came up, you know lets make sure that they are real companies, not just rebillers, the fly by nights and that they have some assets behind them and the savings look like they are going to be in the vicinity of 40-50% and those are real. Just like if you shop around at home, you can find those type of bargains, that’s what the Administration did, and the savings that they are talking about are too good to pass up. Obviously when you don’t know how it is going to work, a new way of doing things, you would like a short term contract. But when you go for a cellular phone especially, you sign up for a new service, they want you for at least a year because of a start up expenses. So we figure we’ll take a chance with it. I did my own independent research, I also asked that they look at other telephone companies, big ones that we knew, which the administration did do and came back to us, but nobody can match the prices.

Mr. McDonald: My concern is Bridgecom looks like it is more than just a billing service, it looks like they are basically buying bulk phone service from Verizon or somebody, and then reselling it to us.

Mr. Rattner: They are a tariffed independent telephone company. The way that the deregulation works is that Verizon owns the line, then the other companies are allowed to hang their own switches. So yes, there is only one telephone pole out there, no matter what telephone company you have.

Mr. McDonald: I understand that is just the pipeline, though. That’s the wires.

Mr. Rattner: There is something in the tariff that says until you hit $1million a month or something that Verizon would have to lease you their equipment too. What they are trying to do is foster the competition. But they are not a rebiller. They are actually an independent company. Last week I actually brought the tariff, I went online, went to the BPU and found out that they were given authorization to operate as an independent telephone company. They share equipment and lines with Verizon, as everybody else does.

Mr. McDonald: My last concern is, if this company folds, does Verizon have to take us back at the same rates that
they have been giving us before or do we have to renegotiate with Verizon. What is their responsibility?

Mr. Rattner: I am sure with Verizon rates, we’re probably paying the tariff rates, the same as every basic business does before you negotiate anything special.

Mrs. Spencer: But we would just go out and look at what else is out there. Even Verizon when we spoke to them, they have different rates, they are just not as low as what Bridgecom was willing to give us. When we approach them, they were willing to lower our rates, just not as far.

Mr. McDonald: Well that’s what my concern is here. If these people on Sunday night went out of business, are we back in business on Monday morning with Verizon?

Mr. Rattner: It doesn’t necessarily have to be Verizon. It could be AT&T, Sprint, MCI, it could be a lot of different people.

Mr. McDonald: They have to take us back?

Mr. Rattner: No. somebody’s going to take you on, they are all in the business. They are fighting to be in the business.

Mrs. Spencer: They are all competitive. It is treated like a utility, so we don’t need to bid it.

Mr. McDonald: I am just concerned; we don’t have a guarantee that I am not losing phone service for some period of time.

Mr. Rattner: I worked for AT&T, I don’t think a AT&T is going to be a telephone company at the end of the year. Does that mean we are going to have to worry about them? Since they are a utility, you have to provide a service, and there is enough out there to give it to you. Nobody is going to shut down in just one day. Worldcom is in bankruptcy, and a couple of others, and yet they are still operating, you still get dial tones, and they still send you the bill.

Mr. McDonald: Are we going to be looking at this throughout the year and going out for competitive bids before the year is up with ACC and trying to get a good rate. I know on the short term like this, this looks good, but maybe we could do better and we shouldn’t wait until.

Mrs. Spencer: Right, we will be required to stay with ACC for one year, but we will be looking at other rates. During this year, we are also going to be looking at other ways to save additional monies through our phone services. So we will know what is out there, and we will come back to Council with a recommendation at the time when your one year contract will be ready to lapse.

Mr. McDonald: So, we’ll be prepared before the contract is up for one year.

Mrs. Spencer: Absolutely.

Dave Jones, Route 46 Budd Lake: I was just curious, what happens if the Blackstone Group hits rock when they are trying to dig the basement for the Library? Do they come back for more money?

Mr. Perkins: I would assume there is a contingency under the contract bid documents; you probably should take a look at those to see that there is an item for rock or for extras. That’s how it would normally be handled under CSI or AIA approved documents.

Mr. Jones: Did anybody on Council look at the contract?

Mr. Perkins: I would be assured that our Council liaison has had some privy to the contract document.

Mr. Scapicchio: I think the process Dave, would be that the architect and construction manager that are hired by the library would make a recommendation to the Library Board, who would then make a recommendation to this Council would then fund whatever additional money as being appropriate.

Mr. Jones: So basically there are no provisions for rock if they hit rock?

Mr. Scapicchio: I am not sure exactly of the details that are in the contract. Jerry or Rita, do you have an answer to that?

Mr. Rattner: Mr. Jones, all the building and all the construction we have had in town on our contracts, there is preparation work, soil borings, things like that. Even Turkey Brook, there were soil borings, but with some of the relocation, some of those new areas were missed. But when this building was done, they look at the soil. When we did the Sewer Project, they did borings, because in there would be a certain allowance for a certain amount of rock. Obviously, it is only a guess because you are doing a test. Maybe 50 feet, a 100 feet apart, and from there you try getting an estimate, so I don’t know about there contract, but our contract there would be an allowance for rock, I think at Turkey Brook it was only $50,000, we can see what happened. It was because where the retention basin was, it was a very concentrated area and there weren’t some test borings done in that immediate area, 200 all together. I would imagine whatever their engineers felt was necessary based on the piece of property, that’s what was done. Still only a guestimate, that’s why you leave a certain amount of money. When you hear about change orders, there is a certain amount of things that happen in the field, just like when you build a house. Somebody builds a four bedroom colonial which the builders built six times before and there are always changes that come along. It is no different with a bigger building, it is just more complex.

Mr. President: Jerry, can you shed any light on that at all?

Jerry Sheard: As far as I know there was no rock there, as far as a contingency, which was taken out by the Council, we discussed that several months ago on the funding, but the low bid we got will have some contingencies if the Council approves of them. We don’t anticipate any rock in that area.

Mr. Scapicchio: I think what he was talking about Jerry, does the Blackstone have a price?

Mr. Sheard: That was considered as part of the bid, yes.

Mr. Scapicchio: Do you know what that is?

Mr. Sheard: Not offhand. I have to look it up

Mr. Scapicchio: There is a unit price if they run into rock included in that bid.

Mr. Sheard: Yes.

Mr. Scapicchio: It is obviously an extra, but they have locked themselves into a price.

Mr. Sheard: In the site approval.

Mr. Rattner: It is not just rock you can hit, right across the street here at the middle school, they hit just the opposite, they hit soft soil and they had to dig out the soil and bring out additional, and I think that was what, $250,000? So it can go either way.

Mr. Jones: My second question is, since the bid came in below, can the library use the extra money for furniture and materials for the library?

Mr. Dorsey: The resolution does a number of things. The resolution recognizes the Township adopted a bond ordinance for approximately $5 million. It recognizes that certain monies are to come from the State by way of a grant. It recognizes that the board of trustees has awarded the bid to the low bidder and that low bid including not only the base bid, but also an extra $40,000 and it also recognizes that they have entered into a contract with a construction manager who the Council interviewed about a year ago for another $120,000. The resolution authorizes all monies that are received by the project to pass through the CFO, so there is the proper accounting under title 40A. It requires that she make all of the payments. There is one person in charge of the money, the receiving of it and the payment of it. It says essentially that the Library Board shall not authorize or encumber more money than has been authorized by the Council which is, I think the base bid was $3,800,000.00 plus the alternate was $40,400 plus the $120,000.

Mr. Jones: I was just wondering if the Council was going to make provisions to hand over the extra money that was allocated for. ..

Mr. Dorsey: That’s exactly what the Council is not doing. If you are asking whether the Council has in this resolution said, the bid came in for $500,000 -$600,000 less than was originally estimated so now we are going to write you a check for the difference for what it originally estimated by the architects. No, the Council is not doing that because the Council wants to be able if there are any further or additional expenditures to be able to justify those expenditures to you as a leading member of the public concerned about the expenditure of money at least to the extent that the Council is satisfied that any expenditures above and beyond that we already know the Library Board has a necessity encumbered for $300,840,400.00, plus the $120,000 for the construction.

President Guenther: Anyone else? Seeing none. Council Discussion?

Mr. Spino: On Resolution No. 13, I approve of it, and I will vote for it, I just personally don’t think it goes far enough. I think that we should be in the process of not only doing this but calling for a commission to be made similar to the Pinelands Commission that is very tightly controlled and very tightly controls development.

Mr. Dorsey: We don’t need that, we have you.

Mr. Spino: I do believe that if it is not part of this resolution, it should be part of a similar or another resolution, but I will vote for it because I think anything we can do to improve the situation and protect the highlands is worth it. Enough said.

President Guenther: Just as a counter argument, I went to one of the meetings that they had on the Highlands. They were over in Roxbury and there were a lot of people for example in Sussex and Warren County that were very upset. One of the major points that they made is there not be a commission like the Pinelands Commission because it takes away from home rule, you can’t have your cake and eat it too. Everybody is always screaming about home rule, and then you want a commission and a lot of; it’s very controversial.

Mr. Spino: I don’t want to get into a contest, I understand that and I believe that in some instances I personally believe you have to give up home rule, if you really want to protect the environment, then put it out of our or any other Council or Planning Board’s purview and let some other organization who is truly interested in protecting the environment control it. That is the only way you are going to protect it. You are not going to protect it by saying, okay, we can do this.

President Guenther: Any other comments? Seeing none.

ROLL CALL: Passed Unanimously.

RESOLUTIONS NON CONSENT

14. A Resolution to Introduce the 2003 Municipal Budget.

Mr. Spino moved for approval of the Resolution and Mr. Perkins seconded the motion.

Mrs. Lashway: The public hearing date is scheduled for May 27th.

15. A Resolution to Introduce the 2003 Solid Waste Collection District Budget.

Mr. Perkins moved for approval of the Resolution and Mr. Spino seconded the motion.

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS - NONE

ROLL CALL: Passed Unanimously

MOTIONS

1. Bill List.

Mr. Scapicchio made a motion to approve the Bill List as presented, Mr. Rattner seconded the motion.

President Guenther: Council Comments?

Mr. Scapicchio: I had a question on one of the Bills and the Business Administrator called me today and satisfied my concerns which was on a payment to Kyle Conti and I am satisfied that it is appropriate

ROLL CALL: Passed Unanimously.

2. Approval of Raffle Application #1072 for St. Elizabeth Ann Seton Parish; Raffle Application #1073 for K of C #5410 Blessed Mother Seton Council; Raffle Application #1074 for K of C #6100 Fr. Joseph A. Cassidy Council; Raffle Application #1075 for the American Cancer Society of New Jersey; and Raffle Application #1076 for the Parents Club Mt. Olive High School.

Mr. Rattner moved for approval of the Raffle Applications listed above. Mr. Spino seconded the motion.

ROLL CALL: Passed Unanimously.

COUNCIL REPORTS

Library Board Liaison Report

Mr. Scapicchio: Mr. Sheard did a very good job, I have nothing to add to that.

Recreation Report

Mr. Guenther: No report.

Board of Health Report

Mr. Perkins: Nothing to report.

Planning Board Report

President Guenther: Mr. Greenbaum is not here for the Planning Board. I am just wondering, the Mayor isn’t here either so we have no way of knowing. I was always wondering what has happened with the Weiss Supermarket – Shoprite wanted to… the big issue was the size of the sign. What happened with that? I never heard anything in the last month or two.

Mr. Rattner: I think the big thing is the law suit filed by the adjoining lot owner, Riad. That’s what they are saying. They are holding it up for that.

Open Space Committee Report

Mrs. Miller: We have an upcoming meeting the second Monday of May.

Legislative Committee Report

President Guenther: Any recommendations on any of those items that the League of Municipalities has passed on to us as far as us making Resolutions?

Mr. Spino: No, but I will review those and we were supposed to have a meeting with representatives from our district.

Pride Committee Report

Mr. Perkins: Hopefully most of the residents of the township have seen the new billboard. The Mayor kind of alluded to that during his proclamation and presentation to the Middle School kids. Personally, I think the Pride Committee has done a heck of an outstanding job, doing that, changing it every quarter. They have also been trying to get yellow ribbons which are ironically in short supply and great demand, probably through most of the United States, so wherever they can, they have been getting those and decorating some of the poles around town. Working on finalization for some of the items that they normally hand out during the Memorial Day parade which is coming up shortly and also work together this past weekend with some of the Earth Day Committees that were around town.

Status of Committee RE: Lake/Environment Issues

Mrs. Miller: We already discussed that and I think I said before that we are not going to have a meeting until September.

Board of Education Report

Mr. Scapicchio: Last night they had the Reorganization meeting, the two new board members were sworn in, and they elected Tony Strillacci as board president and Larry McEntee as board vice president. They have canceled most of the field trips that were scheduled for Toronto and Washington based on health issues in Toronto and what’s going on around the world was the reason for Washington.

Master Plan Committee Report

Mr. Scapicchio: No report. Bernie, the Mayor wanted me to bring something up under Council Reports. I guess he has a committee together that is responsible for putting together the opening day ceremonies for Turkey Brook park. Earl, I think you said you are part of that. Do you want to keep that or do you want somebody else to take care of that?

Mr. Spino: It doesn’t matter to me. Somebody else could do it. I didn’t go to the last meeting, if it was in my mail box I really don’t remember seeing it. I can go to the meeting.

Mr. Scapicchio: He thinks we should have somebody there.

Mrs. Spencer: The next meeting is this coming Monday at 8:00 am.

President Guenther: If you can’t make it Earl, give me a call.

PUBLIC PORTION - NONE

COUNCIL COMMENTS

Mr. Rattner: Last night I attended a retirement dinner for long time employee of the County Planning Board, James Woodruff for people who know him. What is really nice is that all the different committees were there and they all said the same thing about Mount Olive and only gave rave reviews about what we are doing with open space, how we are moving along. It seems like we are having a closing a month. Also, they said that they got the applications that we put in for the Historic Trust, and are hoping to make some of those decisions very soon. But they said that we are really doing a lot and we have some really good people and committees that are putting everything together and that Mount Olive should really be the model for the rest of the County. It’s nice when somebody tells you that your town has been doing well. The other thing I wanted to bring up, and you know I have been talking about getting what you wish for with the new map, with the State plan. Anybody who gets the Star
Mr. Rattner (cont’d): Ledger on Sundays, they did a story about the big map and what it means and what it appears, at least what the feeling is from a lot of different areas, if you are in the red zone, you can forget about state aid, state help, grants or loans for almost anything. They are talking about road improvement, stormwater, almost anything. They are talking about a lot of different towns. They are saying that the way they are going to control it through the DEP is that they are not even going to consider approving permits, and all of the money is going to be directed toward the redevelopment areas which would definitely hurt us. With that I know everybody has gotten a copy of the letter I wrote on behalf of the MSA in that again they are saying that there is no priority, forget about any clean up/environmental issues and also raising the cost when you do want to do it considerably. I think we have to be very very careful with what we wish for. The latest word I have gotten is because of the response that this big map has gotten which doesn’t correspond to the State Plan which it was cross acceptance with which people are working for is that they expect some fairly substantial changes. We don’t know what that is going to do to us in Morris County, but changes may be coming. So hopefully it will be there and as we want to make improvements in the future, we’ll be able to get some money.

President Guenther: I have a question. You mentioned in that letter about an origination fee? What is the origination fee?

Mr. Rattner: When the State goes out each year for bundling all the different projects together, they add their own on for their costs. So they’ve been charging $1 million a year. When they go for the financing, they added another million. What they want to do is increase that to $5 million. So like the year that we went in, it was $76 million total, so it would be equivalent to the State taking a cut of eight to nine percent. It’s like an origination fee when you go for a mortgage. But the State was going to charge you.

President Guenther: But this is in total, this is not what every town gets.

Mr. Rattner: Right. In 1993 when we went through our sewer project, I think the State total was only around $70 or $80 million. So if you look at what $5 million would be, it is a substantial increase percentage wise.

Mr. Scapicchio: Bernie, I did want to bring something up, I just forgot. My wife takes care of paying for the licenses for the dogs and the cat. Tonight on the kitchen table I just happened to see the license bill and I found out for the first time that the State and the Township charge an additional fee if your cat has not been spade or neutered. I never realized that, I think that is pretty stupid. That’s like if homeowners don’t practice birth control we can charge them some extra taxes.

Mrs. Miller: They have always done it that way though.

Mr. Scapicchio: I never saw the bills before. I just wanted to bring it up; I didn’t want to make a big issue.

Mrs. Miller: I just wanted to say that my daughter this morning gave birth to a happy little bouncy baby boy.

President Guenther: Congratulations.

Mrs. Miller: Thank you.

Mr. Perkins: One or two things regarding tonight’s festivities. What I would like to do is address back to the members of the Library Board that are present; I think you guy’s are doing a heck of a job. I think the library is going to be a fantastic addition and attribute to the Township. It is going to serve the children; not just my child, probably by the time all is said and done will probably not get there anyway, but I want to say that you guy’s have done a heck of a job with bids, the way the came in. I am sure you do due diligence between the library board, your construction manager and your architect and I know they follow AIA and CSI documents. You are going to have a fantastic project there. How it needs to be handled financially, and whether there was some miscommunication, it was just that and hopefully in the spirit of understanding you understand that. Memorial Day is coming up, it is only a month away. The parade historically kicks off at 10:00 and we leave from the old boat house which is still called the Boat House right now, ironically, and we will be down there for the ceremonies. I have asked the Chief again this year to try and work on rifles for a 21 gun salute, still working on that. Hopefully when I speak to someone after the meeting I’ll know if we are going to have that, anybody if you can, we appreciate you bringing family down for the ceremonies this year.

President Guenther: My comments regarding the library, Jerry on behalf of the Council, I do want to apologize. We do have to share part of the blame in that. I didn’t wish to shove the blame on the Mayor but we will take that into account in the future and make sure that the appropriate people are informed when we take action at a workshop. I know not everybody attends the workshop. My apologies. I guess that construction manager, I know we had some doubts at the beginning, but it sounds to me like maybe he is already paying off.

ADJOURNMENT

President Guenther entertained a motion to adjourn, all in favor, none opposed. The meeting adjourned at 9:05 pm.


______________________________
BERNHARD D. GUENTHER
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 October 14, 2003.


_____________________
LISA M. LASHWAY
Mount Olive Township Clerk

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