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,
Mr. Guenther, Mr. Rattner
Absent: Mr. Greenbaum
ALSO PRESENT: Mayor Licitra; Cynthia Spencer, Business
Administrator; Lisa Lashway, Township Clerk; John Dorsey,
PUBLIC COMMENT PERIOD
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
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;
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
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
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
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
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
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
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
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
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.
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
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
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.
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,
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
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
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
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
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
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
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.
30. Newsletter received April 15, 2003, from the Council
on Affordable Housing regarding Smart Growth Legislative
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
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
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
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
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
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
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
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
President Guenther: They are the ones that requested it
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.
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
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
9. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Use of a Purchasing Contract
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,
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
Mr. McDonald: So these are both billing companies, they
are basically doing the same thing except for different
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
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
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
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
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
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
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
15. A Resolution to Introduce the 2003 Solid Waste Collection
Mr. Perkins moved for approval of the Resolution and Mr.
Spino seconded the motion.
COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS - NONE
ROLL CALL: Passed Unanimously
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.
Library Board Liaison Report
Mr. Scapicchio: Mr. Sheard did a very good job, I have
nothing to add to that.
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
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
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
President Guenther: If you can’t make it Earl, give
me a call.
PUBLIC PORTION - NONE
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
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
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.
President Guenther entertained a motion to adjourn, all
in favor, none opposed. The meeting adjourned at 9:05 pm.
BERNHARD D. GUENTHER
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