Mt. Olive Township Council Minutes
February 26, 2002

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

MOMENT OF REFLECTION

President Scapicchio: If everyone would just join us. At these Public Meetings, we now do a moment of reflection of the men and women fighting terrorism and defending the freedom that we all enjoy.

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

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

Proclamation by Mayor Licitra

Whereas this Proclamation is Honoring Lawrence E. Shaver.

Whereas on Saturday March 9, 2002 the Eagle Scout Community will hold a ceremony to elevate Lawrence E. Shaver to the rank of Eagle Scout.

Whereas Lawrence E. Shaver represents a rare two percent of Scouts who attained this award; and

Whereas Lawrence E. Shaver Eagle Scout Project was a Public School improvement project, which consisted of the construction and installation of four picnic tables and the installation of basketball nets and the reconditioning of the basketball backboards within the outdoor playground area for the Mount Olive Community; and

Whereas through his achievement he has shown leadership, devotion to duty, and is an example of the best of our youth; and

Whereas Mount Olive Township wishes to properly recognize and commend Lawrence E. Shaver on this outstanding achievement.

Now Therefore be it Proclaimed that I, Paul R. Licitra, Mayor of Mount Olive Township, do hereby Proclaim this Saturday March 9, 2002 as Lawrence E. Shaver day in Mt. Olive Township.

Mayor Licitra: This will be presented to Lawrence Shaver at his ceremony. I do invite the Council if they have not already gotten their individual invitations to the ceremony. It is usually a very good ceremony and as I said it is probably the best of our youth. On a side note, in the two years that I have been Mayor, I have been getting a lot of young people coming into Town Hall asking about Eagle Projects. We have probably been involved in at least four or five of them. The list just continues to grow. This is quite an award and quite an achievement for this young men. and I as an Administrator know that Council supports every endeavor from the Scouts of America. I thank you very much.

Appointment of Elisa Muller to the Open Space Committee - Mayor=s Appt., 3 year term, Exp. 12/31/03

Mayor Licitra: I would like to make the Appointment of Elisa Muller to the Open Space Committee.

President Scapicchio: Paul, do we have to take action for that?

Mayor Licitra: No.

President Scapicchio: Good. So now we have a full compliment of members on that.

Safety Town Presentation - St. Clare's Hospital

President Scapicchio: From Saint Clare's Hospital we have Melissa Nichols and Cynthia Lyons.

Mayor Licitra: Before this presentation is given if I may, we have been in dialogue with these two young ladies, for the last three or four months. Heather got involved as well as Kathy Murphy on this project. It is a project that the Township does endorse. They are going to talk to you about land that was donated to us from Toys 'R' Us along with the donation to the sports program that we were able to secure. It is an endeavor that
I think is something Mt. Olive could strive for. There are ongoing meetings that we are having both with the Freeholders and the Parks Department, St. Clare's, our Township. It is something that will probably be good not only for the Mount Olive Township, but it is something that will probably be good for the entire Morris County, so I as the Mayor of Mt. Olive Support this project and if we could work something out as far as available land which we are looking at right now, I think it will benefit our Community very much. So thank you.

Cynthia Lewis: Good Evening. We have provided for the Council, handouts of the slides that we were going to utilize, since we don't want to inconvenience and put up an overhead. Our endeavor is a Safety Town which is going to be dedicated to children and safety. The Safety Town initiative came about as a result of this Community Health Trust which is an affiliation of St. Clare's Hospital. Several years ago, St. Clare's hospital provided a survey to Morris and Sussex County. They identified five areas of health improvement; cancer, heart disease and stroke, tobacco, substance abuse and teen and youth issues. One of the main goals of the teen and youth action team was the safety of children. Included in that was initiative to begin a Safety Town, which is basically an interactive children's program that covers many aspects of safety. To fill you in on Safely Town Project, Melissa Nichols, Manager of Community Relations is going to take you through the slides.

Melissa Nicols: Thank you very much Council President and Mayor for allowing us the opportunity to be here tonight. As Cynthia said, Safety Town is a Safety Education Program for children ages 3 through approximately 10. Obviously it is a fluent age group depending on the understanding of children. Why is Safety Town so important? First of all we wanted to give you a national and local perspective. Over 1300 deaths, many of which are related to bicycle accidents throughout the country. 100,000 accidents resulting in emergency room visits are results of inline skating. Those statistics aren't related specifically to children, but we all know that children are the greatest risk because they don't necessarily always use the safety skills that are necessary. More specifically on a local level, St. Clare's sees approximately 10 visits per month for bike injuries. A few years back, Mt. Olive also had very serious bicycle incident. This may hit home for some of you very closely. We also see about two dog bites a month. So in Budd Lake specifically, not including Flanders we experienced 228 visits from children in the Budd Lake area over a 10 month period. So clearly on a local and national level, safety is an issue for children in our Country, Mt. Olive and in Morris County. What is Safety Town and why is it important? The mission of Safety Town is to reduce the number of needless deaths and accidents among our most valuable asset, our children. The goal of this initiative is to create a permanent Safety Town so we could teach our children the techniques for safety. Safety Town is a national initiative. It is a popular non-profit publicly funded program. The National Safety Town Center is located in Cleveland, Ohio and there are a number of Safety Towns throughout the country. There are two different types of Safety Town. One is called stationary, one is mobile. The mobile one literally is rolled out for a specific period of time. There are a few of those in New Jersey. For instance Rockaway Township has a Mobile Safety Town that they roll out primarily for their kindergartners in the summer before they start school. Literally they take over their parking lot, they roll out a mat that has these safety stations on it, and they take their kids through it. Through the Community Health Chest, we surveyed all the Morris and Sussex County Superintendents and they all whole heartily endorsed the idea of a permanent Safety Town. The reason being that in order to truly get a comprehensive formal safety education, you need an investment in a permanent Safety Town where you can actually develop it on an ongoing basis, and actually have the space to dedicate to the skills that you need to teach. More Specifically, Safety Town is a Safety and Education Training program, interactive hands on, again it is for children ages Pre-K through about 10. It is set in a park like setting. It is child size. It is actually a town. We are looking at about four or five acres of property. Where if you see to your left, I know it is a little far away from you. That's very very conceptual, because until we have any land dedicated to the project, obviously our architect can't really design the park to reflect the land. Basically you walk through it, them they call them names like Careful Corner, & Traffic Lane, they walk though it and they go to different safety stations. There are volunteers there who teach the children different safety tips. There are actually real buildings there. It varies from Safety Town to Safety Town, depending on how we want to design it. Most of the buildings that exist at Safety Town are child size, meaning children could walk inside, adults would have to stoop pretty low to get inside. Most of the buildings are also sponsored by national corporations like Home Depot, Toys R Us. McDonalds Foundation. Primarily because they not only have a commitment to safety programs, but it is also wonderful Public Relations for them, and they obviously supply a lot of in kind services. It is very exciting and has certainly been well endorsed by a lot of companies throughout the country. One of our models that we have been looking at to kind of forge our way through this path has been Pasco Safety Town in Florida. That is a stationary Safety Town. It was primarily done through a community initiative. The way Safety Town works in Pasco, which is the way we would be proposing it for Morris County in that it would be primarily used by the school systems. Both in Morris, Sussex and probably Warren depending on where the location may be. We would arrange it just like a school trip. Teachers who want to sign up their kids for a field trip to Safety Town would do so. That would be our first and foremost priority for schools to use it. Secondary, would be an organization like the Boy Scouts, Girl Scouts, any kind of children's group, the Boys Club/Girls Club of America. Basically the intent is to educate as many kids and to keep them as safe as

possible. In Pasco County the average number of students is about 100 per day that go through the park. New Jersey, being the most populated State in the Country, our numbers are a little higher, specifically for Sussex, Morris, and Warren there is about 54,000 kids kindergarten to fifth grade. We are going to get into the presentation little bit more, but just to give you an idea how far along or not is this process, we wanted to kind of sketch out to you our faces for development because the project has really taken on quite a bit of steam and we are very excited about it. The first phase which is one reason why we are here, is to initiate some public awareness and to hopefully raise your awareness about the need for Safety Town and hopefully generate your support. We are identifying and organizing our honorary Steering Committees, we are proud to say that Sheriff Rochford, the Morris County Sheriff, has agreed to be our honorary Chair. Freeholder director, John Murphy has also agreed to serve on the Honorary Committee, and we have a very very active Steering Committee which is working very hard to get this initiative up in the air. Obviously in Phase I, another reason why we are here is to identify property, and to also begin curriculum development. There has been basically with a project this size, when your are really talking about how important and big it is, a lot of things have to happen at the same time. So for instance, we need to identify land in order to continue to generate support, but in order to really get the buy in from our school systems, we need to have a solid curriculum. We really need to show that this is a true Safety education program, where there will be measurable results and hopefully improved outcomes, meaning less injury among our kids. We are developing our funding strategies and developing our time line in phase two, which hopefully we will get to quicker rather than slower. We hope to acquire the property, plan and development the site, and finalize the curriculum, refine our budget, secure fundraising as always, recruit skilled labor, and then ultimately to phase three and phase four which will be groundbreaking construction, hiring an onsite coordinator, the outreach of marketing of Safety Town to schools and other offices, media, etc, getting the equipment and recruiting the volunteers. Most of Safety Towns throughout the country are run by volunteers. They all have at least one paid coordinator for the most part, all of the stationary ones, and then the rest of the whole program is run by volunteers, which is really what we want to try to do. The best way to do it, the best way to get the volume from the Community and hopefully to be most successful. Finally in phase four, we have a grand opening and our kids will be able to start going through it. Part of phase four of course is the development of ongoing measurement tool and keys for success. Now more specifically about the learning stations, what is so unique about Safety Town, is that it really becomes our Safety Town. Clearly the issues that we face here in Morris and Northwest, NJ are not the same that they face in Brower County Florida. For instance in Pasco Safety Town they had donated a 32ft. ship that they simulated to rock as if something hit it and it was sinking. The kids get on the boat, they get their life jackets on, and they have to safely get off the boat. So they have gotten very very creative and very very exciting with their Safety Stations. They also have alligator safety which I think we could safely pass up. I'm not sure about that. What Safety Town really becomes, is our Safety Town with the local issues that we have in our Community based on our own Emergency room visit staff, based on what the schools are telling us, based on what our kids our telling us, and what we see in our own homes. Some of the consistent core learning stations are Police, where they teach you about stranger danger; fire, stop, drop and roll; parks and recreation, what to do how to swing properly or how to fall safely. There are ways to fall without the breaking of your wrist. Road safety, how to cross the road safely, how to use a road sign. Road Safety would also include train safety, how to cross safely over train tracks. Sports and games. This is somewhat of a catch all meaning sports and games would classify scooter safety, which is obviously a big issue that ten years ago people weren't thinking about. Although now, it is on the top of everyone's mind, so that would probably fall under sports and games. Household safety & poison control; how to identify poisons under your kitchen sink. How to keep yourself safe in the house, which could also include electrical safety to some capacity. Animal safety. That could range anything from what to do when you see a bear to how to identify tick bites. So again, it's very fluent, it is something that you own as a community where you really identify and we don't expect it to stay stagnant. Some of the course stations probably will, but what they teach at those stations will probably change. But we also expect over time as issues change it will develop new stations, or have kind of temporary stations. Things that address issues for a six month period if you will. There will be special events. I am sure we will have once or twice a year, car seat safety for children. We feel for Safety Town to be most utilized, that it include a building that could be used for community education throughout the whole year. Since we are a seasonal environment, Safety Town for our purposes could probably only be used nine months out of the year, if nine months. We felt that if we are going to be this big of an initiative that we needed to be able to use to all year round. So that Community Center would be used for things possible like internet safety, and other kind of Household indoor type of safety issues that are important to our children. Why are we here tonight? The Mayor made reference to it. Two things. First of all I am a resident so I am a little bias, but I do think Mt. Olive is a premier residential Community and it has come so far, it is so developed particularly with it's corporate community partnership. It's good location, easy access, as suburban sprawl continues to move west the center of Morris County. Mt. Olive once again becomes the center of the County. It is very youth oriented. Lot of kids in Mt. Olive. One of the benefits we think to having it in Mt. Olive would be that certainly any costs that would be associated with any of the other school systems going through Safety Town would be waived. The Safety Town would be completely free for Mount Olive residents and their children. It would obviously be a benefit to Mt. Olive Children because it is located here, more than likely most of your young people will go through it more than anyone else, so hopefully you'll see


here in Mt. Olive a decrease in any injuries to your children. So those are a few reasons. Back about a year ago, what really prompted us to start to look closely at Mt. Olive was the Turkey Brook Recreation Complex.

It has been in the news so much. It is very exciting, kind of progressive type of park. We thought so much land, a few acres here and there won't matter. Since then, we have actually had conversation with Heather Stewart and Kathy Murphy, both of whom were a great help. We've identified a couple other parcels of land in Mount Olive that we think might be viable. Again, it is obviously up to the Council, the Township and the Community to decide if that is something that they want for Mt. Olive. That is one reason why we ended up here. We also of course like everyone else are looking at the Greystone Property and we did meet with Freeholder Director John Murphy and gave him an update on the project as well. That is a possibility that exists, but again can't get any commitment from anyone for a few months or certainly some time. So we are looking at Greystone, we are looking at Mount Olive, we our looking at Jefferson Township; there are some possibilities there. But ideally, land is very hard to come to in Morris County, and we think this project is a win win for everybody. Not only for the Community which gets to house it but for the entire counties in which we serve which will be Morris, Sussex and Warren. Ultimately protecting our children is what is most important and I think everyone can share that goal and certainly come around it. We are hopeful that the last slide that we have is how could we work together. First and foremost we certainly want to thank you again for giving us the opportunity to share with you this very exciting initiative. We hope we have raised your awareness, not only about how important it is, but raise your interests and excitement about the idea of it coming to Mount Olive. Second, we hope that you will give some serious consideration to the possibility of some four or five acres in Mt. Olive that would be a good fit for this program. Third and finally, we hope that we've inspired you so much that maybe you or someone you know will want to join our Steering Committee. We are always looking for people who have the time which I know none of you probably do, but you might know someone who is active in the Mt. Olive School District who thinks this is a good program and would like to be involved and with that we will be happy to answer any questions. We hope that it was certainly informative.

Mr. Rattner: The St. Claire's Health Services. What is the actual relationship or contractual agreements with St. Claire's?

Ms. Nicols: The Community Health Trust is its own technically non-profit, but it is administered by St. Claire's, so that is the relationship with the Community Health Trust which Cynthia went over in the beginning in terms of their initiative for Safety Town. In terms of the operational structure for Safety Town, the Steering Committee was just discussing this. Most of the Safety Towns throughout the Country create their own Safety Town 501 3c their own Safety Town Non-Profit foundation may still be couched as part of the St. Clare's Health Services System, that's yet to be determined, there is no distinction. For instance, in Pasco Safety Town they run their program all through the Sheriffs Office, and we did mention that to the Sheriff. Although I don't think that is where we necessarily want to go, maybe a partnership between the hospital and the Sheriff's Office, kind of the Management of the program possibly, looking for a grant funded coordinator position that would manage the Safety Town foundation. The relationship between this initiative and St. Claire's in a greater sense is about our mission. Hospitals try to keep people healthy. We certainly want to do our part on a larger community health, public health initiative.

Mr. Rattner: I guess what I was getting to is looking at that, it sounds like an aggressive program. We are not talking about construction costs, but just to operate, what do you feel, the way it is pictured up on there, and one of the locations you are talking about. What would be the operating Budget to make that work?

Ms. Nicols: We are still assessing that. The problem, looking at a place like Pasco Florida is that they have none of the same costs that a place like Morris County has. That is probably next on our agenda to really get to an operational budget, but the Pasco Safety Town is run primarily through donations and grants. I know in light of recent budget cuts and where we are as a state, grants are hard to come by, for sure. We're optimistic that the initiative will be so well received that we'll be able to manage to get those dollars on an operational basis. I can't commit the hospital to that kind of commitment at his point if that is what you are looking for.

Mr. Rattner: It sounds like a great plan, you know the presentation is good, but I guess trying to figure out how big a program is it really going to be. You're looking for the field of dreams and they will come? Or do you have an idea of saying we want to serve this many people and this is the type of facility we are going to build?

Ms. Nicols: Generally, we would start small. I think probably four days a week. There would be charges to the schools that use it. There would certainly be a field trip fee as there is when they go anywhere, Waterloo, you have to pay a fee. That maintenance fee would go in hand with paying for the operational costs. All of the building construction and things of that nature we are fairly confident that we will be able to get though in kind donations. So in terms of once those fees are met, operation will continue to be a struggle, but I think through the revenue we will bring in through the schools, and what I did want to mention is that we also hope

at one point, once a month or even once a week, to open it up to the community. This is the Community Safety Town. Not everyone may have the opportunity to go through their school or their organization so maybe for a few hours every Saturday, parents could just walk up to the park with their kids, assuming that
works out. It is open but there would be a fee for that as well. There is a fee structure involved in attendance to it.

President Scapicchio: Correct me if I am wrong, during your presentation I thought you said it was free to the children of Mount Olive.

Ms. Nicols: Yes. If we were to have it here, it would be free for Mt.Olive, but the other school districts that would be using it would not be. That would be hopefully one perk, to have it here. Again, if I could I would like to just bring this up. One of the ideas, Safety Town again is a park like setting, there is no intention to have a fence around the whole park. If it's not open per say, hours aren't open, people should still be able to enter and walk around, and see it. It is not fenced in. It is not closed off. You see this cross walk that is here and again this is just conceptual. One of the ideas that we have in terms of really making it a grass roots community based program is to offer parents to bring their kids in and for a certain fee, put their handprints down, so across the whole park, you would have handprints of kids and kind of a pledge if you would to safety from and their parents, so there is a lot of excitement and a lot of flexibility that we have here.

President Scapicchio: Melissa, is there a financial commitment being asked for on behalf of the Township or are we just being asked to. I have a memo in front of me that suggests that you have identified a piece of property and there is the potential for the Township to swap this particular piece of property for a piece of property that the County owns.

Ms. Nichols: Russ Felter who is the director of the land and trails acquisition program has been active on our Steering Committee and certainly commits to nothing. He has raised this with the Park Commission and we are actually doing the presentation for them on April 9, 2002. I think if there is a way the County could endorse this program and the Township to where that is a win win for everybody, I think they would be willing to look into it, but no commitments have been made by any parties.

President Scapicchio: Does this program require a financial commitment on behalf of Mount Olive Township?

Ms. Nichols: I do not see one. I don't think there is.

President Scapicchio: So really what you are asking us for is a piece of property and an endorsement of the program itself. We are being asked to make no financial commitment in terms of maintenance, staff, construction costs or anything of that nature.

Ms. Nichols: No. Absolutely not. The one idea that came up in our Steering Committee meeting was the possibility if we are able to get a grant funded position or even if it is half grant and half supplied in some other way. The coordinator for this program could work with Mount Olive in their Recreation Department and service them.

President Scapicchio: I just wanted to make the suggestion that there has been a piece of property that has been identified here next to Toy's R Us. Are you aware of it.

Ms. Nichols: Yes. We went and saw it actually. It is beautiful for this project. It is flat.

President Scapicchio: I guess the next step would be to find out whether that piece of property really meets your requirements.

Ms. Nichols: That would be the next step as far as were concerned, but we certainly wanted to be here first before we went further.

Mayor Licitra: I have a meeting on Friday with Russ Felter, The Parks Commission. We are going to discuss those avenues. Of coarse it is premature now as far a the swap is concerned, but there are other properties in Towns that we may be able to swap with them, and also the enticing part again is our commitment to the teenagers in this Town, is to have someone on staff that we can use that would aid our recreation department. I think it is just a win win for us at this point. So I think what we are looking for is a commitment to go forward. We could all bring back a report probably in about two months from now. See what their interest is and see what our interest is, and I think at that point we will be ready to make a decision to go forward.

President Scapicchio: My feeling Council would be, if we are not being asked to make any kind of a financial commitment, the program has some interest on my part.

Ms. Nichols: Great. We certainly welcome that.

President Scapicchio: Why don't you folks do your due diligence with the Mayor and the Park Commission, see if the property that has been identified meets the needs.

Ms. Nichols: We appreciate that. Thank you very much.

President Scapicchio: Thank you.

PUBLIC COMMENT PERIOD

President Scapicchio: That brings us to our Public Comment Period. For those in the audience that aren't usually in attendance here, the Council has expanded the Public Portion of our Public Meetings to include a Public Comment Period at both the beginning and the end. I would just simply note that there are probably some people in the audience that want to talk about the Turkey Brook Park bid discussions. That is going to be discussed later on in this meeting. There is probably also some residents here from Schoolhouse that are interested in an Ordinance for First Reading. That is also later on. So with that I will open the meeting to the Public for any comments. Seeing none. We will close the first Public Portion of the meeting.

ADMINISTRATIVE MATTERS

Sherry Jenkins: Gene is here this evening, so I just wanted him to update the Council on a memo that Mr. Rattner sent regarding Morris Companies if that is okay?

Gene Buczynski: Thank you. Regarding Morris Companies, we have been dealing with them constantly, going back and forth on issues, and right now I am waiting for him a map from Ed Secco who did an as built map within the Trade Zone. He has unfortunately been out of commission the last couple weeks the last couple of weeks because of a back problem. I am waiting for him to get back into his office, and he is going to give me a copy of the map. We supplied Morris Company with all the information we had available to them. I know they contacted Lee Purcell asking them for some additional information and basically he referred it back to the Town.

Mr. Rattner: I think that is the fourth time in a year that they have asked the same stuff.

Mr. Buczynski: No, this is different. This is regarding the size of the lines going into the plant which we don't have. I can't give him information that I don't have. MSA would have that. Lee Purcelll would have that map going into the Sewage Authority. That is why I think he referred it back to them. I could give him information to a point, but if we don't have it in the Town, I can't provide it for him. The other items previous were regarding the sewer service area which they have to contact MSA in another town. I think as far as us proceeding with what we are trying to give them a little bit of information he still needs relative to the size of the sewer lines going towards MSA. That is all I have to report.

Mr. Rattner: When the MSA gets the calls, most of the time they say it has been referred there. They'll tell you anything trying to get information. That's just why I wanted to pass it along as quick as possible so at least we get it done right. I don't think anybody has any aversion to more development in that area to get some rateables that won't affect the Town and we just want to make sure it keeps moving.

President Scapicchio: Other administrative matters? Sherry?

Mrs. Jenkins: No that's it.

LEGAL MATTERS

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

January 15, 2002 Present: Mr. Guenther, Mr. Greenbaum, Mrs. Miller,
Mr. Rattner, Mr. Scapicchio, Mr. Spino.
Absent: Mr. Perkins

February 12, 2002 CS Present: Mr. Guenther, Mrs. Miller, President Scapicchio, Mr. Perkins, Mr. Greenbaum, Mr. Spino, Mr. Rattner
Absent: None

February 19, 2002 CS Present: Mr. Guenther, Mrs. Miller, President Scapicchio, Mr. Perkins, Mr. Greenbaum, Mr. Spino, Mr. Rattner
Absent: None

Mr. Guenther moved for the approval of Minutes and Mrs. Miller seconded that motion.

ROLL CALL: Passed Unanimously with the exception of Mr. Perkins who abstained on January 15 and February 12, 2002.

CORRESPONDENCE

Letters From Residents

1. Letter received February 12, 2002 from Colleen Labow regarding the appointed position available the Open Space Committee.

Communications from Other Countries

2. Letter received February 12, 2001 from the Consulate General of the People's Republic of China regarding Resolution 295-2001, Falun Gong Practice.

Resolution, Ordinances, Correspondences from Other Municipalities

3. Letter received February 12, 2002 from the Washington Township Department of Public Works regarding clarification of Township policies and responsibilities.

4. Letter received February 20, 2002, from the Township of Chester regarding Notice of Hearing of Application for preliminary and final major sub-division approval (property fronting on Four Bridges Road).

5. Resolution received February 21, 2002, from the Borough of Mt. Arlington regarding a Resolution in Support of Assembly Bill A 1420 which would establish a three year time limit on a building permit.

6. Five Ordinances received February 22, 2002 from the Township of Chester regarding Land Use.

League of Municipalities

7. E-mail received on February 18, 2002 from the NJ State League of Municipalities regarding Emergency Public Safety and Insurance Cap Exception (A-624/S-906).

8. Legislative Bulletin received February 22, 2002, from the New Jersey State League of Municipalities regarding Bills that were enacted as Public Laws of 2001.

MSA/MUA

9. Letter received February 11, 2002, from Musconetcong Sewerage Authority regarding Gallonage Request for the Morris Companies.

10. Minutes received February 11, 2002 from the Musconetcong Sewerage Authority regarding the January 9, 2002 meeting.

COAH

11. Newsletter received February 12, 2002 from the Council on Affordable Housing regarding 10 year bill signed by Governor, Council News, Second Round certifications extended to three Municipalities and Rule Changes Proposed by COAH.

DOT / DEP / Permit's /LOI's

12. Letter received February 11, 2002, from Ferriero Engineering, Inc. regarding NJDEP Stream Encroachment Permit and General Permit No. 11 Applicant : American Instants, Inc. Block 6801, Lots

4 & 5 (Bartley Road)

13. Letter received February 12, 2002 from Environmental Technology Inc. regarding Request for Stream Encroachment Permit and Statewide General No. 11 Applicant: American Instants, Inc. Block 6801,

Lots 4 & 5 (117 Bartley Road)

14. Letter received February 12, 2002 from the State of New Jersey Department of Environmental Protection regarding Letter of Interpretation - Footprint of Disturbance Applicant: Academy for Brighter Children / Ms. Aimee Krewinski Block 6900; Lot 19 (6 Bartley Chester Rd.)

15. Letter received February 12, 2002 from The Morris County Department of Public Works regarding Price Schedule for vegetative waste disposal.

16. Letter received February 19, 2002 from the State of New Jersey Department of Environmental Protection regarding notification of a discharge of hazardous substances from the underground storage tank(UST) systems at Kartar Corporation SUNOCO Service Station - 341 Route 46. Block 7702; Lot 44.

17. Letter received February 19, 2002 from the State of New Jersey Department of Environmental Protection
regarding a Proposed Amendment to the Mt. Olive Wastewater Management Plan Upper Raritan Water Quality Management Plan (WQMP) Block: 7801, LOT: 41, Gen III Builders Development.

18. Letter received February 19, 2002 from Handex regarding a Construction Dewatering Request for an Authorization Certification Form for the Texaco Station on Route 46.

19. Letter received February 21, 2002, from Yannaconne, Villa & Aldrich, LLC regarding Stream Encroachment Application for Russo Property Block 6900, Lot 26 (Bartley Road).

Correspondence from Legislative Representatives

20. Letter received on February 19, 2002 from Senator Littell regarding NJ residents' awareness whom live in towns that have high hazard dams.

Correspondence from Organizations / Committees / Boards

21. Letter received February 13, 2002 from the Budd Lake Fire Department regarding the request for two additional full time Communication Dispatchers.

22. Preliminary Equalization Table received February 19, 2002, from the Morris County Board of Taxation.

23. Letter received February 21, 2002, from Morris County Community Development regarding Water Tank refurbishing and Vehicle Purchase.

Utilities/Cable

24. Letter received February 11, 2002 from Comcast regarding changes for customers of Northwest New Jersey.

President Scapicchio stated that we had 24 items of correspondence on the agenda and asked if Council had any comments on same.

Mr. Rattner: I thought it was interesting we got our first communications from other countries which was due to our presentation from that one group that wanted to take a stand on basically religious freedom in China. I thought it was interesting that President Bush was just there in the last couple of days. In there premiere I think tried telling Bush the same thing, that we have always had religious freedom and that type of thing. So I thought it was interesting, but it was enough where the Peoples Republic of China responded to our resolution.

ORDINANCES FOR PUBLIC HEARING

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

President Scapicchio opened the hearing to the Public on Ord. #3-2002. He states just so that the Public knows this is a Salary Adjustment for three employees, Tax Collector, Building inspector and Director of Public Works and the salary increase are contractual which means they were agreed to at the time of the employ or their promotion. Sherry is that correct?

Mrs. Jenkins: Yes.

President Scapicchio: Seeing none? Close the Public Hearing. Council Discussion?

ROLL CALL: Passed Unanimously

Mr. Ratter moved for Adoption and Final Passage of Ord. #3-2002 and Mr. Spino seconded the motion.

President Scapicchio declared Ord. #3-2002 as passed on second reading.

ORDINANCES FOR FIRST READING

Ord. #7-2002 An Ordinance of the Township of Mount Olive to Amend and Supplement Chapter 400 Entitled "Land Use" to Modify the Requirements for Residential Cluster Development and to Eliminate in its Entirety Certain Discretionary Standards for Rural Residential Development.

Mr. Greenbaum moved that Ord. #7-2002 be introduced by Title and Passed on First Reading and that a meeting be held on March 26, 2002 and Mrs. Miller seconded that motion.

President Scapicchio: Council Discussion? Seeing none.

ROLL CALL: Passed Unanimously.

Ord. #8-2002 An Ordinance of the Township Council of the Township of Mount Olive Amending and Supplementing Ordinance No. 08-97, Which Granted Municipal Consent for the Renewal of the Cable Franchise of TRK Cable Company of Morris. (cable access channel) and Passed on First Reading and that a meeting to be held on March 26, 2002 and Mrs. Miller seconded the motion.

President Scapicchio: Council Discussion?

Mr. Spino: Is this for renewal of cable?

Mrs. Lashway: No. This is for cable access. It is amending the last Ordinance that we did which renewed the franchise.

President Scapicchio: Mayor with regard to this Ordinance, it seemed to me that they were supplying us with some community access equipment that we may have figured into the Budget. Could we have the Administration look into that?

Mr. Dorsey: I don't think that's correct. What they are providing is a Public Access Channel.

President Scapicchio: Equipment as well. I read it.

Mr. Dorsey: Maybe equipment comes with it, but this is essentially them providing the Public Access Channel.

Mrs. Jenkins: There is equipment that we have to purchase for this, and yes it is in the budget.

President Scapicchio: I know that, but when I read it they were also supplying, I don't know whether they called it a coder, whatever it was it was something for us to be able to put the letters on the bottom of the screen in this Township here.

Rob Greenbaum: This is what we discussed on Emergency Broadcast Information.

Mayor Licitra: Sandy was working on this for the longest time.

Steve Rattner: One thing I am going to check into before the Public Hearing is that according to this Ordinance, we are giving him 10 years, from basically now. If I remember, I thought when we renewed their franchise it was for 10 years. There was a lot of discretion because we were thinking about doing it for a lot less. I was just wondering if this is extending their current franchise past that?

Mrs. Lashway: We did it for 10 years. The only thing that this Ordinance is doing is providing for that cable access.

Steve Rattner: It says that this shall expire on January 23, 2012. That is 10 years from now. If we passed this a couple years ago they don't have 10 years left. I am not prepared to extend it, because once they have it, for. The only chance we ever get at the cable company is when they come in and they need something. I am not saying that it is definitely wrong, I just realize that and we'll have to go back. I think we passed it a few years ago and it may only have seven years left, six years left, lets not give them any extra time as a bonus just because they took over. The service is not that good.

President Scapicchio: Thanks Steve. Sherry, just to bring to your attention for later, Section 7 of this Ordinance. In here it says that the company shall provide the Township with non-commercial PG programming upstream on the cable system in addition the company shall purchase a character generator for the purpose of allowing it to deliver the text message to subscribers. I just want to make sure that we are not buying something that they are going to supply us with. Any other Council discussion? Seeing none.

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

Ord. #9-2002 An Ordinance of the Township of Mount Olive Prohibiting Parking at Certain Times on SchoolHouse Lane, Corey Road, Patlyn Road and Jocynda Road. - C. Miller

Mrs. Miller moved that Ord. No. 9-2002 be introduced by Title and Passed on First Reading and that a meeting held on March 26, 2002 and Mr. Guenther seconded the motion.

Mr. Greenbaum: I just think that it would be prudent to specifically notify the School Board that we intend on discussing this on February 26, 2002. I know that it is published in the newspaper, but I think a letter should be sent to the School Board none the less.

President Scapicchio: Lisa, will you take care of this?

Mrs. Lashway: Yes.

President Scapicchio: Any other Council Comments?

ROLL CALL: Passed Unanimously.

President Scapicchio: For the people that live on that road that are in attendance, there will be a Public Hearing on this March 26, 2002. At that time you will have an opportunity to tell us what your thoughts are with regards to that ordinance, and we understand the situation that is there. You all will be real happy when this is passed.

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Retaining Fred Detoro as the Township's Fire Sub Code Official.

Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor to Sign the Statement of Consent, Section A-1 Consent in Connection with the MSA'S Application to Expand its Wastewater Treatment Facility.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing a Refund of $730.50 in Construction Permit Fees to Frank Carrell and Doreen Stanton. (ADA construction)


3. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developer's Agreement for Tariq Mahmood for Building No. 3.

4. Resolution of the Township Council of the Township of Mount Olive Requesting Approval of the Director of the Division of Local Government Services to Establish a Dedicated Trust by Rider for Accumulated Absences.

5. Resolution of the Township Council of the Township of Mount Olive Approving Professional Service Contracts for the Township Attorney, Municipal Engineer, Real Estate Consultant, Labor Counsel, Municipal Environmental Consultant, Tax Map Consultant, Community Planning Consultant and Appraisal/Assessing Consultant for the Year 2002.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Sale of Certain Items, Which are No Longer Needed for Public Use by the Township.

Mr. Spino moved for the Adoption of the Resolutions No.1 though No. 7 and Mr. Guenther seconded that motion.

President Scapicchio: Public Comment on any of the Resolutions 1 through 7.

Richard Bonte, Budd Lake, NJ: Could somebody explain Resolution No. 5?

Mrs. Jenkins: Resolution No. 5 allows us to establish a dedicated trust fund whereby we could set up an annual budget appropriation for payouts for employees when they retire, transfer that money into the trust fund and accumulate it for payout purposes.

Mr. Bonte: Where will that money come from?

Mrs. Jenkins: It will come from the annual budget. There will be an appropriation established for it.

Mr. Bonte: Additional taxes on the Taxpayer, for these future payouts?

Mrs. Jenkins: We make payouts now.

Mr. Bonte: I understand that.

Mr. Greenbaum: It is either pay now or pay later. I understand that.

Mr. Bonte: What guarantees will there be that absolutely nothing else can be done with this money in the future by a change in the Ordinance whereby this fund may grow larger than is anticipated to meet the payout needs in the future and used for other projects and could be changed by Ordinance?

Mrs. Jenkins: There is a local finance notice that was prepared by the Division of Local Government Services that specifically sets forth the number of procedures that have to be followed by myself and by the Council in order release funds for payout purposes.

Mr. Bonte: I am speaking to a diversion of funds at some point in the future. Should the fund level build up to a point that far exceeds what you think you may need for payouts? Do you follow what I am saying?

Mrs. Jenkins: I follow what you are saying.

President Scapicchio: I guess the question is; would this Council be able to finalize funds that are in that account for other purposes other than salaries?

Mr. Bonte: Well, not even for salaries. This is for payout.

Mr. Guenther: Accumulated leave.


Mr. Bonte: No, it is not accumulated leave from what I understand.

Mrs. Jenkins: It is payout upon retirement and that payout is established I believe it is by contractor. Upon retirement there are certain employees that would be entitled to accumulated sick time and or accumulated vacation time.

Mr. Spino: Why would we make it bigger than what we need, especially for this. This is to save us from doing it in one lump sum.

Mr. Bonte: Many years ago, I would say at least five years ago, myself and Tom Tarn recommended to this Council when we were doing an analysis of the sanitation budget that, why are we not now on an annual basis putting into this fund, sick leave time and unused vacation time.

Mr. Spino: Legislation did not allow it. This legislation allows it.

Mr. Bonte: You are going to, I presume, use some type of actual table to make a determination as to how much money should go into this fund annually?

Mrs. Jenkins: Right now, in our audit, every year the Auditors are required to disclose what our crude liability is in terms of vacation time and also sick time. Ideally, it would be almost impossible to establish in one given year's budget that full amount.

Mr. Bonte: You mean to bring it up to date.

Mrs. Jenkins: Exactly, to bring it up to date.

Mr. Bonte: But is your intent here to do two things. First, start meeting your current annual liabilities as well as make up whatever the anticipated liability is for what you have not put in. What is the intent in terms of the amount of dollars you expect to start putting in this fund on an annual basis? Has that been identified to the Council?

Mr. Rattner: This year the intent is just to set it up and it is going to be minimal because we have three or four retirements that we already know about and why it was brought up. We asked the CFO to look into it again, because to hit on the budget this year is very great. We have one person with a lot of accumulated time. We probably have another two next year. The idea is not to have that fully funded as you would say with a pension where whatever the Ordinance say we have $1,000,000.00 or whatever it is and that liability, but just enough so we have it so we have a place to draw some of the cash. I don't think we are ever going to get to the point that we are going to cover it all. We just want to put it in there. If I looked at this year, we'd be lucky to be able to find $10,000.00 to put it in there. It is just to get it started. The average person may end with getting $15,000 - $20,000. I don't know what the number really is, but it's not hard to figure out with the age of our employees that there could be a couple a year. If we could have a balance that may be enough just to cover one or two employees a year. That is all I would be prepared to even fund, because we would either have to cut some other programs, or we would have to raise taxes and we would have to go to the Public and try to explain that. We are not going to do that.

Mr. Dorsey: Mr. Bonte's question now cannot be answered. Resolution No. 5 just does the basic thing to establish the account. You are discussing policy this Council has not yet adopted, sometime we will have to adopt, but it is not involved in Resolution No. 5.

Mr. Bonte: Okay there are two aspects. You are absolutely right John. How are you going to administer this? All new hires for example. Is it going to be a requirement that it be identified to the Council that the cost of this employee includes the necessary and required payout into this fund so that when this person retires the money is there. This Council needs to know that every time they hire a new employee, what that cost is going to be. Secondly, my primary question was and yes has not been answered, but I think you can answer or at least we need to have language that when you create this fund, what mechanics will be there in the event where should the amounts at some point in time that are being properly contributed to this fund, at some point it is looked at and said these amounts that are now growing in this fund and the interest that it is obtaining is far greater than what our anticipated payout needs are going to be over the next 20 years, and the Township now passes an Ordinance to now take x number of dollars out of that fund and use it for some other purpose in Town. That is my question.

Mr. Dorsey: You know the answer to that question. You can draw an Ordinance, where you can specifically dedicate money for a specific purpose. We can do that when we get around to forming the policy for this account. As you know, any subsequent Council can always change any Ordinance so there is no point in my trying to tell you that if I was thusly inclined, that this can be locked up forever. It's like in the last

Administration, the Governor borrowed against the pension fund and took away the surpluses that were there. It is not supposed to happen. We put language in the Ordinance that establishes the account but now you and I probably won't be around 2020 when they raid that account.

Mr. Bonte: You have answered my question for me. What we do need to do is obviously make sure that if we are going to set this up that at some point it does become a working fund where a new hire at least on a

Mr. Bonte (cont'd): budgetary matter that number is identified to the Council. If somebody is going to cost $100,000 a year for example and another $10,000 is needed to go into this fund per year to provide for the necessary retirement fund and or sick time payout to whatever, you guys need to know that with every person you are hiring, and that that money be put in there. Maybe one of the things you should consider is and I agree with you Steve we can't make it up in the past, but we can set a point in time where starting with every new hire, it is done right. Thank you.

President Scapicchio: Thanks Rich. Anyone else from the Public on the Consent Resolution Agenda? Seeing none we will close the Public Portion.

ROLL CALL: Passed Unanimously.

Turkey Brook Park Bid Discussion

Resolution to Award Bids for Turkey Brook Park (Building and/or Site Work).

Mr. Dorsey: In the first place the CFO was very upset that we were going to adopt this Resolution because it is not in her manual or procedure book that we proceed in this fashion and you know Mr. President we are violating all the rules of the Council in terms of bringing things on. This is where we are. We received last Tuesday, two separate sets of bids, both dealing with the development of Turkey Brook Park. The first set of bids we'll address is what's known as the building package and the low bidder immediately withdrew his bid because he was fantastically low. The second bidder is clearly now the low bid and his Number is 695,000 and it appears that his bid is entirely in order. There were eight bidders for the sight work. They would appear to be, as you look through them, all very competitive bids in terms of the prices received. Two low bidders under site work, the lowest bidder and the base bid was that of Kyle Conte Contracting whose bid was $3,777,773.00 and that of AIC whose base bid has somewhat higher but not significantly higher. By the last meeting, Mrs. Jenkins had detailed all of the monies that are available. The only amount of money that is available at this very moment is the money that is still in or has not otherwise been spent or committed in the basic Turkey Park Ordinance. The amount of that sum is $4,529,652.78. You can't award even the base bid for both contracts unless you produce more money and add that to the balance that is currently in that fund. There are three other amounts that are available if the Township Council wishes to move them. The first is that in the Turkey Brook contribution account there is at the moment a sum of $289,523.70. There is in an account which we refer to as the AIG/Baker account at the moment $266, 666.00 which represents the sums already received by the Township from the sale of certain easements in connection with International Drive South. Those monies according to Mr. Spino's original motion were to be dedicated to tax reduction or tax relief, they can be appropriated for this purpose. The third item that we assume is available for purposes of this discussion is a $200,000.00 contribution from the soccer club and it is my understanding that in that connection they are particular in seeing that alternate No. 4 of the site bid is awarded which is the sand based soccer field. We could make an award tonight, we can make an award to Conte or the site work which will include the base bid that obviously involves about $4,000,000.00 worth of work, plus alternate No. 1 which I think is baseball field No.7 and alternate No. 4 which is the sand based soccer field and the award for the building package if we all agree that we will appropriate from the three items I mentioned namely the contributions already received, the AIG/Baker fund and the $200,000 from the Soccer Club. We would have sufficient money plus a 5.5 percent contingency fund which will have to include some soft costs because the only thing we are discussing in these bids are hard costs and there are bonding costs that are involved with that bond ordinance. So it's like a 5 percent contingency fund of $250,000.00. I see the leaders of the Soccer Club here tonight and they immediately mentioned the memorandum of agreement. I wrote a letter to the Township Council a year and a half ago about that and I thought the one thing that had to be included was a provision that either the agreement terminates after a period of time or that there is a provision by which the agreement would be terminated because we had a Public Discussion of this at one point in time and we all agreed that while everybody on the Council at the moment and everybody at the Soccer Club may all be able to get along, there obviously could come a time in which there are different approaches to light, from my standpoint. There has to be in that agreement either a provision for arbitration if disputes arise or a provision for ultimate termination of the agreement and of course I assume that the Soccer Clubs' Memorandum of Agreement and the purpose of it deals only with the soccer fields and not with the entire complex. That was my recommendation to you sometime ago. That leaves it up to you now as to what you want to do with that agreement. I assume that the Soccer Club is not going to write the check. So we're are going to make an award tonight and we can avoid the possibility of changing the low base bidder to another base bid and still

award alternate for the sand based soccer field the alternate one a baseball field and provide for a 5.5 percent contingency and soft cost fund. It is a significant amount of money here. It's like $280,000 above the hard costs with the understanding that these bids would be awarded but they would also have to be subject to the amendment to the Turkey Brook Development Bond Ordinance which I understand Mrs. Jenkins has made arrangements for next Tuesday's meeting, the introduction. It is subject to your agreeing to use the other two accounts and the soccer club coming forth with its $200,000.00, because the one thing you cannot do is issue a contract award which is not made subject to appropriate things because you must have available the money inhand before the Resolution can become totally operative. If you have any questions about that I will try to answer them. The issue of how much of a contingency fund you should have is capable of debate. The only thing I would point out is there are additional monies coming but I would emphasize they are not in hand for the contribution fund. The $350,000 ultimately would come from Toll Brothers and in terms of the AIG/Baker there is another payment due in August of $133,333.00. Those monies of course are not included and cannot be counted at the moment.

President Scapicchio: Rob, before we get started with the Council, Mayor?

Mayor Licitra: I have had discussion with the Chairman of Turkey Brook Committee and Members of the Recreation Committee, our Township professionals, the Soccer Club, yourself Dave, as many people as I could. Even though I was not here last week I digested what was said and tried to come to a decision on where we should proceed. I would like to make a recommendation along the lines of what John just said. I would like to award the contract and the way we are awarding it minus the entrance way of the field. It has always been from the beginning when we started this project. For the Soccer Club it has always been about the sand based fields. Even though we disagree on it, and I'll disagree until it works. They have come to the table, they want to see a sand based field. I hope it works. I think it will, but it is technology that they have seen work and I have not yet. So I wait to be pleasantly surprised. I think the Soccer Club as well as the Baseball Club, as well as all our clubs have been part of the process and have come to the table and the other clubs in Town are raising money for tax relief's so we could support Turkey Brook. I have tried to please everybody. I think we have found a way to get to the 5 percent reserve fund that the Council had said last week that they had really wanted to be at. We are giving the fields; the baseball, soccer and football fields to the organizations in Town that they need desperately because of our increasing population and especially our youth population. So lets get started, we promised enough to the youth. We can get the meetings going and get our professionals in touch with those professionals and I guess in the greater American words, lets roll. Lets get going on this. Lets get it done tonight.

President Scapicchio: Mayor, I thought you had another proposal you told me about before this meeting in your office which was to pull the building portion of this bid of $695.00 out of here and you wanted to explore with the Council and Mr. Dorsey possibly forcing the low bidder to stick with his bid.

Mayor Licitra: I have been involved in public projects for thirty years. Sometimes you can't get as much money as you wanted to get but you're stuck with it. It is your bid. I understand where the Council is coming from and I understand that we are looking at a bid of $250,000, while other people are bidding $680,000, $670,000 for that work. I would like to explore the possibility and we have some time to explore that possibility not just rejecting that bid but discussing that bid with the bidder. That's why I leave it in John's hands because neither one of us could get involved in that discussion.

Mr. Dorsey: Look, I will absolutely guarantee you that the low bidder bid $250,000 and the bid was no sooner open and read and he stood up and said I made a mistake, and he explained it exactly how he made a mistake. That his estimator failed to double the number. I would bet $2,000, I would bet $5,000 that if were to try to award him the bid he would go to Court and withdraw that bid and a court would just shake it's head when the next low bid is $695,000 and it becomes unbelievable that he did not make a mistake.

Mayor Licitra: If I may interject, the mistake was made that he did multiply by a multiplier of two, that would still bring us up to $500,000 for this project. $180,000.00 less. Even that was accepted, even if there was negotiating accepted. I am asking your opinion. What I am saying to you that even at $500,000.00 with caveats on completion of work. We are still saving $180,000.00.

Mr. Dorsey: Look, I don't want to say anything to interfere with any possibility of saving the Township money. I do think that if you want to pursue that route you are going to have to reject all bids and re-bid the building package on the assumption that he will correct his error and come in at $500,000.00. Someone might not ask him whether he was really prepared to do the job at $500,000 but I think if you want to pursue that route, you do have sixty days from the date those bids were received before you have to accept or reject. You can do that. I could just change this Resolution that took the better part of the day to draw and leave the award of the building package out, if that is what you want to do. I don't have a problem doing that.


Mr. Greenbaum: John I just had a clarification on page three of the Ordinances drafted specifically in the middle and in the bottom Now Therefore paragraphs, you have included alternate No. 2 which I assume…

Mr. Dorsey: No. that's a typo, it should be No. 4.

President Scapicchio: In defense of Mr. Dorsey, I called his office at 7:30 this morning and I told him that we needed this Resolution up here tonight, so he was certainly put under the gun in terms producing it. I think
what is on the table here has now generated some discussion and we have some serious decisions to make here.

Mr. Rattner: Something this big, that we are working this hard on. We were given last week at a meeting nothing in writing, we just wrote it off. This is where we are going, this is what the bids are and we are going with AIC. I actually spent the weekend trying to investigate AIC. It is amazing I could not find a listing, directory assistance didn't have a listing, but that is something else, there may be a new company or somebody came together. So this morning, the first thing I did after I spent a weekend actually trying, I was actually going to take a ride down there to see if I could find Green St. I asked the Clerk's Office to get me a copy of their letterhead or something to find out at least a phone number. I tried every which way, I had AT & T check for the whole area for any place in New Jersey for AIC and I could not find a listing. So anyway just a few minutes later I get a call from Dave saying we're going with somebody else. I was starting to have concerns about that company, to get a Resolution presented to us and then say we are going to vote on it on a project this big with the experience we've had with big projects in the past, I have a concern with. I know the concern that the CFO has that we are basically being asked to accept a bid when we don't have an availability of funds from the CFO, which is absolutely required by statute.

Mr. Dorsey: Wait a minute. Almost every Resolution we ever do says subject to the issuance of availability of funds. So we generally don't have that.

Mr. Ratter: It does not usually say subject, it says that the treasurer has provided us with it.

Mr. Dorsey: I have drawn thousands of Resolutions, I don't know whether you have or not. It always says subject to the issuance of that certificate.

Mr. Rattner: Do you want to put $2,000 up on that that you said that every time? I am hearing a little better about not going with one and bringing the costs down. That solves that problem. One of the things I noticed in here, which you did pick up is saying that some of the money and you actually put it in the Resolution which was originally dedicated to tax reduction. That was the sale of the property for AIG/ Baker so Walmart could be built, other wise it wouldn't go down I was not originally for that to commit the dollars to that way but I believe that was Mr. Scapicchio and Mr. Spino that insisted on it that that would be the only way that we would go forward. I got a problem now saying well, I know we told the people this is exactly what we said we are going to do with the money, but we came up with a better idea so that is scrapped, something that we just heard, just very recently, about the last 10 minutes, then I look at the bid spreadsheet that I got last week. I actually have some questions on the bids itself. I am happy the engineer reviewed it. According to this, it says Conte did not bid on certain components. Where we said there has to be a million square feet of top soil that has to be spread, they bid nothing. I could not find it anyplace else, I found a couple other things where we told them how many pieces or what the units were.

Mr. Scapicchio: Steve, I have brought that discrepancy to Mr. Buczynski's attention and Gene, I will let you share the discussion that you and I had with the Council and the Public.

Mr. Buczynski: I will just address the fact that I want to get the idea that they are not going to spread topsoil all over the site because they bid zero in that. If you read the bid they way it is set up by Stewarts, those are only approximate quantities and prices. The determination of the cost to do the entire work is based on a lump sum price. Furthermore, I spoke to Mr. Conte today. We also have a letter I think they sent for clarification a couple of days ago. He realizes what he did there but it is included in his other costs. The bottom line is for the lump sum price he is going to do everything that is shown on the plans. You can bid zero for certain prices and include it, spread it out somewhere else. Just so you know, the way this bid was set up, the bid is being awarded strictly as a lump sum bid. The unit price was put in there for informational purposes and they utilize if later they are going for some additional work.

Mr. Rattner: Every major contract I have had since I have been here which is thirteen out of the last fifteen years, we had change orders, contingencies or whatever where we had to go up usually in the 20% range. If they have quantities on here and they find out that something is wrong, how do they do the change order? Your saying with the lump sum there will be absolutely no change order because they know the job, and regardless of the quantities that are needed.


Mr. Buczynski: They know the limit of work, it gets clearly stated to them. The unit price is put in the bid for informational purposes where the quantities I should say were estimated quantities, not guaranteed quantities and they are given the opportunity to consider their bid almost like a worksheet based on those quantities for each item or they could add their own quantities. That is why therearesome discrepancies in the special comment column for the contractor to put what he thought was his items. Basically, as a worksheet to come up with a lump sum price. The lump sum price is clearly stated elsewhere in the documents to do all the work as shown on the plans within the limits as shown on the plans.

Mr. Rattner: As long as our quantities were fairly good, so regardless of what he put down.

Mr. Buczynski: The quantities are to just give him some comfort level of what's anticipated on the project.

Mr. Rattner: Suppose our quantities are off?

Mr. Buczynski: There is estimated quantities.

Mr. Rattner: Will there be a change order then?

Mr. Buczynski: Not unless there is an additional scope of work. We have to do something that is not shown on the previous…

Mr. Rattner: We told them that we must of given them a sanitary sewer. We gave every bidder, saying this is the plan for the sanitary sewer, you need 325 linear ft. of this side, 1500 ft. of this side. Every contractor did that and this bidder came in and took the 2300 of linear ft. and cut it way down.

Mr. Dorsey: Those were Purcell specifications, not Buczynski's

Mr. Buczynski: I did not do the specs, but we reviewed them well enough.

Mr. Rattner: He is the person Purcell worked on with Olympus I am sure.

Mr. Dorsey: I don't think so.

Mr. Buczynski: That was the unit prices that they bid. You are looking at a specific other project. Most of those projects are bid as unit quantities, where you pay them based on the quantities. We are going to be paying them based on the percentage of construction. Those quantities are to be utilized to determine the percentage of payment.

Mr. Rattner: So this is strictly a lump sum do to the whole thing.

Mr. Buczynski: Yes.

Mr. Rattner: Just like other lump sum contracts had which we turned out to be cost plus.

President Scapicchio: Is there some kind of language that you would like to see in a Resolution or a letter…

Mr. Rattner: I have not had that much detail, I saw the Resolution with what wants to be done at about 7:05 for a project this big and you are asking me to make a decision this quickly. We did it verbally last week. I Got here 7:00 tonight and this is the first time I looked at it. I think that is unfair, if I wanted to go over it. I am basically going to vote on it, we may as well have a dictation. Just trust me. That is what you are saying. Everything is fine. What am I doing up here if I am not going to really review it?

President Scapicchio: Steve, we have a Resolution. This was put on this agenda for discussion purposes. This Resolution that I requested was in anticipation of a direction that I thought this Council may decide to go in. We can decide tonight to not move forward on this resolution. We could decide to move forward in this resolution as is drafted, or we can decide to move forward on a resolution that is different than what is in front of us. We are here to discuss the bids.

Mr. Rattner: What I heard is that we wanted to move on this tonight.

President Scapicchio: The Mayor and I would like to move forward on this project if we could come to a consensus among the seven members of this board. If the other five members believe that they do not have enough information or that this resolution was put in front of their desk at the last minute, they can all decide to put this off. You can decide how much time you think you need. That is how this Resolution got on the table tonight. The discussion that you and I, Steve, as Council President when I talked to the Mayor, the Mayor's concern was that last week when this was discussed, the Council, specifically you Steve, had an issue with the amount of money that was left on the table for contingencies. The Mayor's recommendation was "you know what Dave, the fields are what has been and are the most important part of this project. If Steve's concern is the amount of contingency that we leave on the table, I would recommend that we take out the front entrance way image and move forward with the construction of the fields." He said that will satisfy Steve's concern of leaving additional monies on the table and it lets us move forward with the construction of the fields. Mayor is that accurate?

Mayor Licitra: You said it better than I would. I would not of said it that way.

Mr. Rattner: I don't have a doubt that is one of the things that I wanted. Just looking at everything in total. We discussed it. There was nothing in front of us. Nothing to look at. We know some of the issues that we have had and some of the false starts that we had. That is why we had to go out to bid a second time. It is a very complicated project.

President Scapicchio: That is why we are here discussing it.

Mr. Dorsey: I want to make it one point Steve. The award to Conte is driven by the numbers bid and nothing else. The numbers bid include No. 4 in order to get the $200,000 from the soccer, so the award is driven by the numbers, nothing else.

Mr. Rattner: I understand that. I know Conte as a contractor, they have been in the area and the State for a long time. I don't have a problem with the contractors. It just understanding. If you ask me to vote affirmatively, I like to understand the numbers I am looking at. That's all I want. The Resolution has been driven by the dollar numbers and by the soccer clubs contribution.

Mr. Dorsey: I take no position in that. I just want to make the record clear that the resolution has been driven by the dollar numbers and by the Soccer Clubs contribution.

Mr. Rattner: I don't have any problem with the contract, I don't have any problem with the phases, I don't have a problem with the way we are moving. The only issue I have is that I have not had time to look at all the documentation and make sure that to me all the numbers add up and make sense.

Mrs. Miller: I did not receive a copy of the resolution.

Mrs. Lashway: It was not in your packet that was placed in front of you.

Mrs. Miller: I must have misplaced it, so I could not vote on it tonight. I prefer to wait until the next meeting.

Mr. Spino: I was prepared to vote and support the Mayor on this. Since questions have been asked, at least one Council person does not have the information. I would move we table it. If we have to, at our next meeting and it is probably a workshop. If we want we could make that a Public Meeting to make a decision on this issue if everyone has the information they need in the meantime we could also have a meeting to discuss it.

Mr. Dorsey: Mr. Spino is absolutely correct, if you think you are ready by next Tuesday than you can cause it tobe a Public Meeting as well.

Mr. Guenther: Steve, what specifically do you want? Do you want time to discuss this or study it?

Mr. Rattner: I want time to look at it. I see a lot of numbers on here, I see some things on here I don't understand, that's all. It may be perfectly acceptable. The contractor does not bother me. The options make sense. I have to make decisions on what we have told the Public before. Once we get everything in place, it is just knowing exactly what I am voting on. We just said there is three or four typos in the resolution itself, obviously the thing was done very quickly. So obviously everything was done very quickly. Is there anything maybe in the numbers too. Then we are committed to it. We have been caught too many times.

Mr. Spino: I would assume a motion to table takes preference over any other discussion.

Mr. Spino made a motion to table this Awarding of Bids to Turkey Brook Park Resolution and Mrs. Miller seconded that motion.

ROLL CALL: Passed Unanimously with the exception of Mr. Greenbaum and Mr. Scapicchio who voted no.

Mayor Licitra: Let me say something. I think this Council and this Mayor have gotten along famously and we have come to bring this Township a long way. Let me tell you, we tabled this last week, we tabled it this week. I am going to tell you something, I hope you come prepared to vote yes or no on this next week. I hope you come prepared, and don't find another excuse not to do it. We have given you a contract, and we have given you within the means of this Township. I hope you just come here to vote next week. Thank you.

Mr. Guenther: I think a there is a bit of an exception to that. If there are some doubts and it was not the proper detail that was provided last week, I think it was incumbent of somebody to make sure that these sheets were provided and we had a week to study this to be able to take a vote tonight. I have no problem with voting tonight, apparently some members do. They did not have the proper information. Somebody failed to get that information to them.

Mr. Greenbaum: I had one question before we got on the motion to table, what do we lose by putting this back a week or two, the decision, if anything?

Mr. Buczynski: That was the schedule to hopefully get them into construction I think by March 3, 2002. That was the original schedule to keep everything going towards getting the fields ready when they wanted them ready.

Mr. Dorsey: In fairness to Mr. Greenbaum, we really don't lose a whole lot tonight because it was going to be subject to getting the Soccer Club's $200,000, subject to Mrs. Jenkins issuing the certificate of availability of funds, and the amendment to the bond ordinance. Mrs. Jenkins where is that bond ordinance?

Mrs. Jenkins: Well obviously I could not have it prepared yet because I did not know what the final decision was going to be. My question is are we ready to move forward?

Mr. Dorsey: I don't want to hear that next week. I think you should get that Ordinance. It is not changing the bonding amount, it is only changing the amount to be expended.

Mrs. Jenkins: Clearly you were aware that there wasn't a consensus as to whether we were going to utilize all those funds or need to until before.

Mr. Dorsey: Mrs. Jenkins, Mrs. Jenkins, I love you, but listen to me. I don't want to go through that argument next week. You want to make that bond ordinance. You want to increase the expenditure to the amount of…

President Scapicchio: We don't know what the amount is yet, John?

Mr. Dorsey: I know what the amount is.

President Scapicchio: Lets make sure. I know you do.

Mr. Dorsey: She knows what the amount is.

President Scapicchio: Could I get a consensus from the Council members that we understand some of them want to look at this a little longer. Do we think we have a consensus to move forward with the base bid in the options as were outlined in this resolution?

Council unanimously agreed with the exception of Mr. Guenther who wishes to discuss this further.

Mr. Guenther: I am confused with some of the information here quite frankly.

President Scapicchio: If you are confused then ask the questions. We have the people here tonight to answer these questions.

Mr. Guenther: That's the other thing I would like to get on the table. Steve had some doubts. He's saying now he is ready to move ahead with it. I am confused where Steve is coming from.

Mr. Rattner: I said I think I could move ahead. The concept; I like the options. I just want to understand exactly what I am voting on. I don't understand all the numbers. I don't understand. I just got the stuff tonight. It does not make much of a difference. Everybody could say what they want to, but when it is subject to, everything has to be done first before you can go and tell the contractor you have to go. It would not be done for another couple of weeks. I am just saying do it right. Don't ask me to vote for something before I have a chance to read it. That is just ludicrous. No body should do that. That's all it is. We are not losing anything. I am saying the options are good. We take out the building at this point because we don't
know what we are doing with it. We don't even have a funding problem. We are talking about a couple hundred thousand dollars that we're short. We are taking out $600,000. We can go gangbusters with the other part with what we already have just moving around.

President Scapicchio: I am not sure that there was consensus to take the building out.

Mr. Guenther: That is what I am confused about.

Mr. Rattner: I thought it was if we were voting tonight. I thought the Mayor was going to go back and talk to them.

President Scapicchio: Here is what happened. The Mayor had made a suggestion that maybe that's what we should do. Mr. Dorsey's recommendation was if that is the consensus of the governing body, we need to reject all bids and put it out for a complete rebid.

Mr. Dorsey: All building package bids.

President Scapicchio: I, for one, am not ready to reject those bids.

Mr. Rattner: We don't have to reject them, we just don't have to take action on the building this week or next week. We have sixty days from when the bids came in. We can get ready with everything else, and the building is something else. A week or two or three weeks of awarding that bid is not going to make a real big difference especially when the other guy is not going to get started anyway.

Mr. Greenbaum: Question for Mr. Dorsey. If you reject the building bids, does it in anyway impact the other bid?

Mr. Dorsey: No. There were two separate bid packages.

Mr. Greenbaum: Even with respect to the matter in which it is being funded.

Mr. Dorsey: It would decrease the amount that you absolutely have immediately available to you, but that's all.

President Scapicchio: In terms of progression of work Gene, does it make a difference?

Mr. Buczynski: We could move with the site work first. I think you also have the question of whether or not you want to rebid that building or not.

President Scapicchio: I for, one, am not prepared to rebid that unless somebody gives me a good reason to reject.

Mr. Buczynski: There is no guarantee when you rebid that little guy is going to bid. I would put my money on it that he is not going to bid it. He's gone from Mt. Olive as far as I am concerned.

President Scapicchio: Would it satisfy the Council members if we were to have Mr. Dorsey draw two separate resolutions?

Mr. Guenther: Yes.

President Scapicchio: One for the building and one for the actual field construction. I for one am in favor of one resolution that addresses all of them.

Mr. Greenbaum: I don't think it makes a difference.

President Scapicchio: It makes a difference if terms of if we can't get five affirmative votes to move forward on this because the building portion of that is in this resolution, then I would like to see the resolution split.

Mr. Greenbaum: I think it should be one resolution for several reasons. First, I agree with Mr. Dorsey, that bid was obviously a mistake. There is no way you could hold the bidder to that number. Also, I am not sure I want to go with someone who makes a mistake of that drastic in nature in their bid even if they came back and said that they could do it at a cheaper number because as far as I am concerned you are starting from behind the eight ball.

Mr. Dorsey: The key question now is whether or not you all will be satisfied with a 5.5% contingency that is going to include some soft costs. Some fees in there for Gene, some for myself, some for bond council, which is a number about $280,000. In other words, if you take what is leftover, and you add to it the contributions, the Soccer Club and the AIG money it brings you to $5,285,000. If you award the building package, the site plan package with the two alternates you've got to do, you're at $5,005,000, which a difference of $285,000. My question is whether that is enough to make everybody happy.

Mr. Guenther: I was sort of under the impression it was going to be a higher contingency.

President Scapicchio: You have two ways you could get more money on the table Bernie. You could either borrow more or you can eliminate one of the optional add ons.

Mr. Rattner: With the contingency, two things. First, you have the $260,000 which we told the Public that was going to be for tax reduction and now we are going to say we changed our mind. I think I am willing to go with that. The contingency seems light. But we have other money that is going to be coming in. We don't need it at this point. However we know the likelihood of receiving at least a portion of that both from Toll Brothers, we also have another payment from AIG. In fact that is contractual. So we could use that and that could be amended later. So if we look at that we actually have more money for a contingency. That part I think I could be satisfied with, if everything else fits because we know we are getting it.

President Scapicchio: So, Steve you barring any additional information that changes your mind as of right now, you would be satisfied with one single resolution that addresses the building and the construction of the fields and leaves the $260,000 contingency on the table.

Mr. Rattner: I think we are better off with it to because if there are any other questions we have to investigate and I don't know if I want to go in and rebid on the building. It just makes more sense. I don't think there is any problem here that we are going to move ahead with the fields to get that moving. If there is any question at all, let it be with the building and lets delay it a couple of weeks. It is not going to make a real big difference. This way we could get moving. The dirt can start being moved, the infrastructure gets put in and we are actually getting somewhere. The big determining factor is when they are completed with the fields, giving that time to grow so we know when we are going to use it.

President Scapicchio: Let me get a consensus, here John.

Consensus for two resolutions is Unanimous with the exception of Mr. Greenbaum who agreed to one resolution.

Mr. Dorsey: I think one thing we agree on Steve whether we do one or two Resolutions, we should authorize the full amount we can achieve by adding in the AIG/Baker, the Soccer Club and the Turkey Brook contributions. Mrs. Jenkins is going to throw cold water on me.

Mrs. Jenkins: Do we have consensus for me to go to bond council now and amend the bond ordinance up to the maximum which is $5,285,000.

Mr. Dorsey: Understand what we are amending. We are not amending the amount that is to be bonded. We are simply amending the amount to be expended which I could do in five minutes, but will take 5 days for bond Council. Steve do we agree? Add them all up.

President Scapicchio: Mr. Dorsey, do we need a resolution to make next weeks meeting a Public Meeting?

Mr. Dorsey: Be it Resolved by the Township Council Township of Mt. Olive the eve that the meeting is scheduled for March 5, 2002 will be a Special Public Meeting commencing at 7:30 with a workshop to follow there after. The purpose of this special meeting will be to adopt a resolution or resolutions awarding contracts in connection with the development of Turkey Brook Park and the introduction of the amendment to bond ordinance No. 36-00 originally adopted to provide for an increase in the total amount of authorized expenditures in that ordinance.

Mr. Rattner moved for approval of this Special Public Meeting and Mr. Spino seconded that motion.

President Scapicchio: Any Council Discussion on that Resolution? Seeing None.

ROLL CALL: Passed Unanimously

Mr. Guenther: Is it going to be necessary for us to meet before next Tuesday, Steve, to make sure you are satisfied with the information that you need.

Mr. Rattner: I am going to talk with the Administration to make sure that I have everything and I am satisfied.

President Scapicchio: I would make the suggestion that everybody look at the Resolution, the contracts that are being proposed. Any questions, bring them to Mr. Dorsey, Mr. Buczynski or the Mayor's attention so we can hopefully get the appropriate answers to satisfy those concerns prior to next weeks meeting. Mayor, anything words to put this discussion to bed?

Mayor Licitra: Put it to bed.

MOTIONS

1. Bill List

Mr. Guenther moved for approval of the Bill list and Mrs. Miller seconded that motion.

ROLL CALL: Passed Unanimously.

2. Approval of Bingo Application #1022 for the Senior Citizens of Mount Olive Township, also Raffle Application #1023 for the Budd Lake First Aid & Rescue Squad.

Mr. Rattner moved for approval of Bingo Application #1022 and Raffle Application #1023 and Mr. Spino seconded that motion.

ROLL CALL: Passed Unanimously.

COUNCIL REPORTS

Library Board Liaison Report - none

Recreation Report - none

Board of Health, Mr. Perkins: We met the first Thursday of the month. We reintroduced and revised the food handling ordinance that deals with some of the fees that were charged. There were some inconsistencies that were in there, some co-dates that just had to be updated, it was non-monumental.

Planning Board, Mr. Greenbaum: Several issues. We met February 21st , and considered two development matters. The first was Novaky, minor sub-division, basically just needs to conform his plans to the professionals' comments, there was nothing exceptional about the application. We also heard Commerce Bank preliminary and final site plan. That is the proposed application on Route 46 and Sandshore, that triangular piece of property. He needs variances with regard to frontage setbacks because his property is on both Sandshore and Route 46. The major issue which was discussed with regard to the Commerce Bank application was left turns off of Route 46 into the bank which almost seemed to be unanimous that everyone was very concerned about traffic being able to make left turns from Eastbound 46 into the bank. That is an issue which is going to be addressed at the next meeting with regard to that application. A couple other matters were discussed. John Mania was appointed as liaison from Planning Board to the Open Space Committee, and there was one other issue which was discussed at length and it dealt with Mr. Perkoski, and his concern over a project which was approved probably over a year or two ago relating to a fence that was drawn on the plans to demarcate his property from an adjoining property. The fence was ultimately built, Charlene I think you were on Planning Board at the time because your name came up during the discussion. There was some discussion during the Planning Board Application with regard to whether or not foliage would be appropriate instead of a fence. Ultimately it was approved by way of a resolution which did not call for specifics with regard to the fence at least in terms of it's height. I have not seen the resolution. Now there appears to be two issues Mr. Perkoski is raising. One is with regard to the height of the fence. The plans show a six foot fence and the fence is four feet high. The other relates to the length of the fence. Instead of 400 foot. running the length of the property, the fence is only about 200 foot. The Planning Board did not know how to handle the issue and punted to Council. There was some suggestion that it was a Municipal Court issue but I am not sure how one would go about enforcing that issue in Municipal Court and I am not sure what power we have with regard to a Planning Board Application which was approved, the CO was issued and the Resolution does not talk about the specifics of the design plan that were submitted.

President Scapicchio: John, how does one deal with a situation like this where there is representations made on drawings that were submitted and approved and the as built is not what was approved.

Mr. Dorsey: Well, from that in depth, detailed description of the situation I do think it would be a matter for the Zoning Officer filing a complaint in the Court that he has not complied or the applicant or the owner has not complied with the requirements that were granted. Certainly, the Township Council does not have the ability to go back and amend any resolution that was adopted by the Planning Board.

President Scapicchio: So John, do we have to instruct the Administration to have the Zoning Officer go out there?

Mr. Dorsey: Yes. Fine.

Mr. Greenbaum: I think that the Zoning Officer actually has to speak to Chuck first to get Chuck's take on everything that was done because Chuck approved the property as the fence was built. Chuck has a take that should be discussed before the Zoning officer goes out. Then I think the Zoning Officer should speak to Mr. Perkoski so that he has Mr. Perkoski's point of view and that seems to be the appropriate way to handle this.

President Scapicchio: Sherry, once you determine the situation if you can just advise the Council. Thanks.

Open Space Committee, Charlene Miller: Last week I think I brought up about the holmqviest property, the situation with the EDU's so that the State could eliminate them I guess for the State in order to purchase them. There is something in our packet about that from the Open Space Committee I believe. Are we going to be able to put that on the Agenda and discuss it for next week?

Mrs. Lashway: March 5, 2002 workshop.

Mrs. Miller: Okay, that's all.

Legislative Committee Report, Bernie Guenther: None

Master Plan Report, President Scapicchio: We had a meeting two - three weeks ago. We have a final draft being prepared now. We have one final meeting tentatively scheduled for March 14, 2002 at which time we will probably have a document that we will send up to the Planning Board for review and then that process begins.

Pride Committee Report, Ray Perkins: We had a meeting last Tuesday. We formally got through our officer's elections. Liz Ouimet is now the Chair. Suzanne Dimonda took over Vice Chair, and Sandra Masklee volunteered for secretary. Three items that we discussed that needed to be talked about now would be our Memorial Day essay contest. That will be restricted to the middle school this year. We only got two participants from the high school last year. We don't seem to get a lot of people from the high school. The answer is that they are very busy with college paperwork and they don't have time. However we do get a great turnout from the middle school so we are going to keep it there. The billboard at the Clover Hill Treatment Plant, it looks like it has been through the war. We have already contacted the outdoor systems. We are working on getting that one taking down because it is ripped up and really sacreligious. We are working on a new billboard with some sort of a Spring theme on it. That will be in the upcoming, and the new welcome signs, I am anticipating picking up actually a color painting of what the welcome signs will look like within the next two or three weeks. Hopefully the Pride Committee can bring that in and the Council can take a look at that.

President Scapicchio: That brings us to the Public Portion of the meeting. Anyone from the Public?

Colleen Labow, Budd Lake, NJ: First I would like to congratulate my very good friend Elisa Muller for her appointment to the Open Space Committee. I know she is very excited about it. I also wanted to speak to Mr. Spino, I called M.A.P.S. about having transportation for disabled persons within our Town. Apparently it is available, it is at no cost, but I am playing phone tag. I am not in a position to represent the Town, I was just inquiring if it is available. I do have the supervisor's phone number, but I left it at home, so I will get that that to you and make the contacts.

Mr. Spino: We discussed that at our last ADA committee meeting. It is available to take people to medical appointments and things like that, not just to take them shopping or something like that.

Mrs. Labow: The question I asked them was if you had a disabled or handicapped or challenged person within Town, specifically I gave the for instance a couple of people I have come in contact with where they
had to get twenty a year-old to another Town for a job and said that was available. So that was my specific question.

Mr. Spino: The question is availability to take them to that job every day or just for that job appointment. We were under the impression that from the information I had that they would not take them to that job every day.

Mrs. Labow: One woman told me yes, that was available.

Mr. Spino: If you give me your name I will be glad to contact them.

Mrs. Labow: The other thing I wanted to say which I already said to Mayor Licitra is that I was very sorry to hear about your father's death.

Mayor Licitra: Thank you Colleen. He lived a great life.
Mrs. Labow: I am sure he did. Ninety is great, may we all live that long. I also need to ask Mr. Dorsey, I just was confused. Before you were very specific in saying that you wanted to make it clear that the only thing that was driving the award bids was the figures only and I was confused as to why you were stressing that much. Has there been any motivation towards bids in the past?

Mr. Dorsey: I don't believe so but I wanted to make it clear that what drove the bid award were the denounced bid in relationship to the Soccer Club and alternate No. 7.

President Scapicchio: Anyone else from the Public?

Christine Priest, Budd Lake, NJ: I need to express my displeasure with the Council. This once more was tabled. The Turkey Brook stuff. For those of you who know me. I lived in town for almost 24 years, and it was promised 24 years ago. It's been a hell of a long time. It is just very disappointing that every time "lets rebid it." It costs us another $500,000, "oh lets bid it again" oh there we go another three quarters of a $1,000,000.00. Every time we rebid it, it's a problem. Let's get off the dime here guys. This is absolutely ridiculous to have this tabled again. Mr. Rattner I have to tell you. I have also known you for some time I appreciate that you said well I did not get a chance to read this. I got here and I did not get a chance to read it. It took me 10 minutes, 15 minutes and I shared it with a few people. I think it would have been the most responsible thing for everyone who did not get a chance to read this to ask for a 10 or 15 minute recess. This is that important to this Town. It is that important to these kids. I am involved in a lot of sports. I know a lot of people. It is really important. Tuesday this better happen. It has to happen for our Township.

Mr. Rattner: Are you saying a project this big, and when we have had this experience in the past; that ten minutes when there is other backup, there is probably documentation, that much that we have not seen.

Mrs. Priest: That is not what you said.

Mr. Rattner: That is exactly what I said. I said I have some of the bid worksheets, I don't understand it, I don't understand the financing. We don't make the statutory requirements. I have questions to ask. That is exactly what I said.

Mrs. Priest: Well it took me 10 minutes to read and understand this, and I am not used to reading this kind of material. It seems to me that all the paperwork has been around a long time. I think everyone has had enough time to go through it. I will certainly be back on Tuesday.

Mr. Scapicchio: Anyone else?

Bob Thomas, Budd Lake, NJ: This is the last time I will cover the Council in terms of a reportage function and I just wanted to say thank you for all the entertainment. It has been wonderful to get to know every one of you. I may be back next week, it all depends on how transportation works out in the city. I did want to speak though, however, as one final opportunity on proposed Ordinance No. 8-2002, which is the extension of the Cable Vision Franchise for 10 years. The technology for one thing is just expanding exponentially. You have no idea what possibilities might be out there in five years that might be ruled out by this type of franchise agreement. Secondly, Cable Vision in particular, especially on Long Island has been a very difficult cable provider to control with regards to the interest of local viewers. Out there, folks have been deprived of the ability to watch New York Mets games regardless of the fee because it disputes between this cable company, Cable Vision and so on an so forth. I think when you get to the point when you give a cable franchisee a ten year license, you lose the opportunity to speak on behalf of the citizens who may or may not become upset with that franchise somewhere along the line. This company has raised its rates for its basic cable package. Something like 40 % - 50 % in the last five or six years. It is the kind of thing that I know you have had experiences with where folks come and say, what can we do about this. It has not been brought up with Council vocally for a little bit of time now, but I would not rule that out as a possible next complaint of citizens a month from now. By giving them a 10 year license you are just throwing away the ability to have any leverage at all. The other part of the purposed Ordinance that I question is the provision of the entire cable channel to the Township. I may be wrong. I read that as being to the Township Government or Township Administration or the Municipality as it exists in that sense. I would see nothing wrong with having a cable access that would allow a private citizen who is a resident of Mount Olive to come on a first come first serve basis and provide their own programming on that channel. I think it kind of goes against the grain at least as far as I am concerned to allow someone in a Government position to determine what goes on a media outlet. I think that is a very dangerous thing to do. Even a city as large as New York City, has sold it's TV, It's am/fm to a non-profit group and has gotten out of the business of doing that. I don't think in this sense that we should get into the business of doing that. If it is just a first come first serve basis open to any resident of Mt. Olive that is fine, but I don't think the Governing Body or the Administration or any other functionary of the Township should be involved in making those kind of decisions. Again, I thank you for the entertainment.

President Scapicchio: Thanks. We are going to miss you. You have actually covered for the Mt. Olive Chronicle in what we think is a very responsible way and it is something I don't think we have been used to in a while. I just hope that the owners of that paper replace you with somebody as competent.

Toni Ayres, Budd Lake, NJ: I, too, Paul would like to extend my condolences to you on the death of your father. My father also lived to be ninety. It was nice.

Mayor Licitra: My daughter gave us our first grandchild last Saturday, that's how life goes - full tilt.

Ms. Ayres: Okay, I just have some comments I really don't expect any answers, but I have to get them out. It was my understanding from day one that Turkey Brook was going to be a Community Park, and now it seems as though it is a Soccer Park. Everything is being done on such a large scale, I lost faith in Turkey Brook when I saw those three or four acres of trees come down. A beautiful piece of property has been ruined as far as my opinion, forever. The trees can't be replaced with soccer fields. That is just my little bias. Next the presentation by St. Claires. This almost smacks of a duplication of services if that whatever it is, kiddie safety park. The number one question that hit my mind, where are the parents? Didn't we always use to teach safety to our children? Now we need a special agency type thing to teach safety to our children. They learn some aspects of safety in our school. The Fire Department, the Police Department they all come in. I am suspect that somewhere along the line St. Claires might be benefiting financially from that. She did not give enough information tonight for that. Also, they identified Budd Lake as a problem area, but yet they are very interested in a piece of property in Flanders. I understand about the swap. We could make the land swap. Make up your mind. Then the teen center. Again, I say it is a duplication of services. Do we really need a teen center? Our schools are underutilized. I don't get it. It is all our tax money. It seems to me with all are cooperation and food for thought, maybe we could work out something with the Board of Education. I don't know. I don't have the answer. It is food for thought. I really think we are moving to fast. Steve, I am glad you want time to think about all those things concerning Turkey Brook. You renewed my faith.

Mr. Rattner: I wholeheartedly approve of Turkey Brook. I do like, to a point, what they are doing. I just wanted to understand it. It has nothing to do with where they are going with it. I can understand the frustration of some people because it has been so long and coming and they are right.

Mrs. Ayres: Initially, I understood it to be a community park.

Mr. Rattner: It still is.

Mrs. Ayres: I am going to play soccer? Give me a break.

Mr. Rattner: We are going to have the walking trails, etc.

Mrs. Ayres: Oh yeah. I'll be 6 feet under by the time that gets done. Those are my comments for the evening. Thank you.

President Scapicchio: Thanks Toni. Any one else from the Public?

Rich Bonte, Budd Lake, NJ: I have a number of items. First of all for those of you who suggested that we delay the action on Turkey Brook Park, I want to commend you. We don't make a $4, $5 or $6 million award on any contract if they are having the bids in for a week or two, without doing a thorough analysis on what we are going to be bidding. A couple of questions, I think you really need to look at something that Steve brought up; that is, this issue of unit pricing. If this is a lump sum bid, why did we ask for unit pricing? Should of asked for it, shouldn't have provided that detail. Should have said here is what we want done. Bid it. I believe that the fact that you have unit pricing and that you provide unit quantity information is an indication that this contract is intimately going to be settled in Court at some time in the future, based upon those unit quantities and the unit prices that were bid. Be very careful here. When somebody comes in and says, we are going to do this for a very low price something else you know could probably escalate like more rock or whatever. This Town is going to hold the bag. So it better be very clear in the award that there would be no recourse on the fact that the unit quantities may or may not be an error. These people maybe better rethink their bids and realize that they are committing to "a fixed price" otherwise we are going to be in the same situation that we were with Purcell. Regarding the companies which Steve said he could not find? Do we have any kind of history of the companies that have bid this or the winning bidders, and the work they performed? Do we know what kind of work they do and can we get recommendations?

President Scapicchio: I had this discussion with Mr. Buczynski. All of the bidders that participate are all qualified under the rules and regulations of New Jersey Law to bid on this.

Mr. Bonte: Okay. I can't say anything else then on that. There may be a typo or something missing on page two, because it says from an account referred to as the account, in the amount of $266,000. Should that say AIG or something else? I think there is something missing there. Do we need a resolution, or does this accomplish the change of intent of the original $266,000 to be used for tax relief? I have no other comments on Turkey Brook, other than be careful. On the Cable Vision Ordinance, who wrote this?

Mr. Dorsey: This was submitted in part by the Cable Company and the ten year apparently was their pound of flesh for giving us an access channel.

Mr. Bonte: When I read this it looks like Cable Visions Attorney's wrote this. This is a one sided agreement. For example, besides the fact that I agree with Mr. Thomas regarding this Community Access Channel and who is going to control it because I do not believe that the government should be controlling, it should be involved in communicating information other than in an emergency nature to the Public. The other question I have is the way things are written in here; "in the event that another multi-channel video program provides service within the Township creates a significant competitive disadvantage to cable vision and they be compensated etc. This needs to go in the garbage. No further comment on Cable Vision. The Ordinance regarding the Land Use modifications. I understand what's behind this. I think it is a good idea. One of my questions was, when it talks about how you do the qualification map. I don't see any restriction here when a qualifying map is generated, as to whether there could be variances submitted and that qualifying map. For example; could a developer come in for qualifying a development under the conventional build out. He might need thirty five variances to get certain lots. Could he submit that to the Planning Board?

Mr. Dorsey: If that were done, he would not be consistent with the term qualifying map but, we could send that ordinance back to McGroarty and ask him to define the term qualifying map in such way that it does not include variances. Mr. Greenbaum, can you do that?

Mr. Greenbaum: I'd be happy to Mr. Dorsey.

Mr. Bonte: The last issue I have regards the surplus. The budget surplus that we are not going to return to the Taxpayers as been reported in the paper but instead would be held so that we could have a modest tax increase this year and a modest tax increase next year as opposed to utilizing that surplus for a tax reduction this year. Is there a surplus? Can anybody answer that question?

Mrs. Jenkins: Yes we have a surplus. The year end surplus is $3,378,000.

Mr. Bonte: Thank you. Where did that come from?

Mrs. Jenkins: It came from prior year budgets that weren't expended, it came from excess revenues that we realized over what we anticipated we were going to realize.

Mr. Bonte: Where did we realize those revenues from?

Mrs. Jenkins: The majority of the excess revenues were realized in construction fees.

Mr. Bonte: Do we also obtain a significant amount of revenues as a result of monies collected as quote school tax after the school budget is officially passed and the rate is passed by law and then new houses come on line after that point in time for the next year?

Mrs. Jenkins: You are speaking about added assessments?

Mr. Bonte: Yes. About how much is that a year?

Mrs. Jenkins: We have had a $1,000,000.00 of added assessments.

Mr. Bonte: So basically what you are saying is about a $1,000,000.00 of monies were collected under the guise the guys of the school tax but now have really ended up in the Municipal Coiffeurs.

Mrs. Jenkins: The added assessments get split between the Municipality and the County. The school gets no portion of that.

Mr. Bonte: So we essentially get sort of a windfall as a result of that even though it is collected under "the guige of the school tax"?

Mrs. Jenkins: For added assessment purposes, yes. Certainly when it goes on the ratable base in the next year the school gets the benefit of it.

Mr. Bonte: Here is the point I want to make to this Council. There was in a letter in a newspaper by the Mayor that one of the goals here should be, "if we use the surplus to lower taxes this year we will have a large tax increase next year. If we don't use the surplus to lower tax this year we could have a modest tax increase this year and a modest tax increase next year."

Mayor Licitra: I did not write that. I did not mention next year's taxes.

Mr. Bonte: My point is this. These are monies that have been collected from all of us as taxpayers in prior years that have not been needed to operate Municipal Government. They are rightfully the public's money, not the Council's money. That money should not be manipulated in a fashion to affect the tax rate. I think we need to identify what the potential emergency expenses come out to be during the current year and I think we could do that and make a determination as to what is a reasonable surplus to carry forward and return the balance of the money to the taxpayer. I did not agree to make an interest free loan to this Town for two years or longer. I don't think everybody else in this Town gave their hard earned tax dollars to the Town for the benefit of an interest free loan for whatever purpose. If the money is not required in the 2002 budget the tax rate should be set to bring the surplus down to a level that is appropriate. I don't believe $3,000,000.00 is appropriate. The Town budget is somewhere in the neighborhood of $18,000,000 - $20,000,000. Is that correct. A little less. So we are talking about a surplus that could be 20% or greater. I don't think that's fair to the working public. Those monies should be returned to us. If next year's tax rate has to be bigger, fine. Make it what it has to be next year, but don't borrow this money from all of us now and tell us it would be good to have a lower tax rate this year and next year. Set the budget appropriately, determine what you feel is a comfortable contingency fund for this year, reduce the tax rate to what it needs to be to work that surplus down to what the appropriate surplus level should be at the end of 2002. Thank you.

Mayor Licitra: I am just going to say, you prudently plan. You don't have surprises on people and you don't rob Peter to pay Paul and as far as I am concerned that is what you are going to do. I cannot keep on telling you how many non recurring charges you are going to have in your Budgets. You don't know yet what you are going to see next year as far tax relief and people coming back on tax appeals, so I agree with the way Sherry is handling this situation right now. If you want something next year that is going to spike up and not be responsible that's your decision. You have the budget now.

Mr. Rattner: Mayor, stop while you're behind. Actually, your budget did reflect what Mr. Bonte is asking for. When you talk about the added assessments we do get that but we also have to cover for the uncollected taxes. We put in our budget about two or three percent so we have to keep the School Board whole. We ended the year with about $3,000,000.00 in surplus. The budget that the Mayor presented us brings that back down, uses all but about $700,000.00. That's what he's asking. The State guidelines are somewhere in the four to seven percent, they have something in there. I know we've have always talked about what is the appropriate level in the past, but we use it. They know because when they look at the added assessments and other things, they look at the replenishing going in the next year, but the majority part of the surplus is being used. In fact in past years sometimes with me saying that we were going down to low, because it has to cover cash flow if the economy is bad and people pay their taxes slowly, we still have to keep the School Board whole. We have to keep the County whole on a timely bases. We do use it in their calculation. They are calculating what they are trying to replenish and they have to sell it to us, what the proper level is. But they are using a good portion of that surplus, and they do each year. Did I say something wrong Mrs. Jenkins? Were those numbers pretty close?

Mrs. Jenkins: I think we left a little bit more in surplus.

Mr. Rattner: Okay, well that number does pretty much go back and forth. We did do the majority of it. We don't keep it there. I think this Council and I think this Administration realizes it is the taxpayer's money and there is no sense just keeping it. We keep what we think is a prudent level and that is something that the Council will decide when we approve the budget, but it is probably not going to vary too much from what the Mayor proposed.

Mr. Greenbaum: I understood what you said. It took me a while to understand what the surplus represents is. I heard Mr. Jones clap when you talked about using the surplus and lets worry about next year, next year. I don't think that is a reasonable approach, and it is not the approach I take in regards to my review of the budget. I would rather cut costs, than add to the budget. If you cut costs, it is a win win. If you add to the budget you have done nothing except deplete your savings account. My view is lets see where we can cut it out of the budget and try to get it back down to zero rather than add additional money in for the funding which has been requested.

President Scapicchio: Anyone else from the Public?

Buddy Shakespeare, Budd Lake: I just wanted to say I was told to come to the meeting tonight in reference to Turkey Brook and just the opposite of what I thought was going to happen happened. I am sure everybody has a job in this room on the Council and everybody has demands. My job is demanding too. My other three jobs that I do I don't get paid for. I have to prepare for those jobs just as though it was a job that I would get paid for. So I would hope that in the next coming week we could come here next Tuesday and not have a lot of discussion and arguments over different issues for Turkey Brook and possibly that you could be prepared when you come in here to go forth with this project. It is an important project, Mt. Olive is always the last to get done with something. Two years ago we started moving in this direction and since that time Randolph has already put together a new facility that would make Turkey Brook look no to good in what's accomplished over there. Thank you.

President Scapicchio: Thank you Buddy. Anyone else from the Public? Seeing none, we will close the Public Portion of this meeting. We have an executive session that was requested by the Administration. Sherry is the issue personnel?

Mrs. Jenkins: Yes

President Scapicchio: We will take no action when we come out of executive Session except to adjourn the Public Portion of the meeting.

Mr. Guenther made a motion to go into Executive Session and Mrs. Miller seconded the motion.

Meeting reconvened at 9:50pm. Motion made to go into Executive Session. Following executive session a Motion was made for Adjournment. All in Favor, none opposed. The Meeting was Adjourned at 10:14 pm.


_______________________
DAVID SCAPICCHIO
Council President

I, LISA M LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on May 14, 2002

_____________________
LISA LASHWAY
Mt. Olive Township Clerk

nw

 

 

2012 Mount Olive Township. All rights reserved.