Mt. Olive Township Council Minutes
January 14, 2003

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

PLEDGE OF ALLEGIANCE

MOMENT OF REFLECTION in recognition of the men and women fighting terrorism and defending the freedom we all enjoy

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

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

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

Also in attendance: Mayor Licitra; Cynthia Spencer, Business Administrator; Sherry Jenkins, CFO; John Dorsey, Township Attorney; Lisa Lashway, Township Clerk; Gary Higgins, Auditor.

President Guenther: We are going to go out of order and present the Resolution first before the Mayor's State of the Township Address.

1. Resolution of the Township Council of the Township of Mount Olive in Memoriam of Robert J. Bergman.

President Guenther: Just as a preamble for those of you who aren't familiar, this goes back a good 15 years when we were fighting, first it was the MORATS organization (Mount Olive Residents Against the Transfer Station), right Paul?

Mayor Licitra: Yes.

President Guenther: Paul was head of that. Bob Bergman was a resident of the Town. He joined the organization early. He was very instrumental in fund raising for that organization. When we sort of lost that battle but we did win part of the, it was still sited here, but I think we made an impression on the County and I kept the organization going. I became President and I rolled that into a new organization called Concerned Citizens of Morris County which I formed with Dr. Art Nusbaum, who has a dental practice here but who is a resident up on Mooney Mountain in Roxbury Township. I always wanted to make it an organization not just for Mount Olive citizens and not make it a NIMBY organization, an organization that really had something positive to offer because we figured there was an expression that we invented at that time and we called it the garbage triangle. We figured that the first part of the triangle was the Transfer Station, second was a garbage incinerator and third was a landfill. Sure enough that was in the plans for the County. The new organization that we formed was Concerned Citizens of Morris County. One of the first people that I called when we formed a charter and we joined forces with Roxbury was Bob Bergman. I needed a Treasurer. There was somebody else who was going to serve as Treasurer and he sort of bowed out. I said, "Bob, I need to draft you as Treasurer." He said, "I thought I was done with…" and I won't use the expression that he used. "I thought I was done with this" and it's a four letter word but he gladly served and he was very instrumental in the finances of the organization, helping us put together committees. He was just very beneficial. He also kept us lucid and on our feet with his good sense of humor. He unfortunately passed away in October with brain cancer and Dave and I were fortunate enough to attend his memorial service. He was a wonderful HMUAn being. I just wanted to recognize his contributions to the Town. He moved out not completely of his own volition. His wife was transferred with a good job opportunity in the DC area and they moved to Virginia but he always had a soft spot in his heart for Mount Olive. So let me read the resolution:

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF MOUNT OLIVE IN MEMORIAM OF ROBERT J. BERGMAN

WHEREAS, Robert J. Bergman was a devoted resident of Mount Olive Township; and

WHEREAS, during the relatively short time he resided within the Township, he demonstrated his devotion and love for the Township by serving on various commissions and committees involved in the development of the Township; and

WHEREAS, he provided immeasurable service as a fund raiser for Mount Olive Residents Against the Transfer Station (MORATS), and subsequently as Treasurer of Concerned Citizens of Morris County, thereby being instrumental in preventing the location of both a garbage incinerator and landfill within our Township; and

WHEREAS, for all his analytical insight coupled with a very unique sense of humor provided not only food for thought for all, but also much needed moments of levity at Township meetings;

WE HEREBY present his widow, Cathy Carayas Bergman, this token of appreciation for her late husband's devotion and service to the Township, this 14th day of January, 2003.

Cathy Carayas Bergman, VA: Thank you very much. Bob loved this Town and he loved the people
of the Town and he loved coming to the Town Council meetings and even the County meetings with
the Freeholders and he held them very near and dear to his heart as he would you all if he were here
today. Thank you very much for this Resolution.

President Guenther: I think the Mayor has something.

ADMINISTRATIVE MATTERS - Proclamation Robert Bergman

Mayor Licitra: I think I'd like to say something. I think Bernie alluded to it as far as when we finished MORATS, I think it was six months of intense work, every day, Bob was part of it. He was the Chairman of one of the Committees that we had. I know Bernie, myself, Steve and Bill Sohl and there were so many of us who were working so hard and so intense for the six months. We managed to keep the site of the Transfer Stations, all of them, in Mount Olive, but I think there were a certain amount of people who stepped up after that because it was just so intense, the work was so intense that we just couldn't do it. Bob was one of those people, I don't know what he said to you but, I know what Bob said. He said it to me a couple of times. Bob, the Township owes him a debt of gratitude because he stepped in from one pressure cooker to another and I know he worked very hard with Dave and with Bernie and Art and the rest to help not site an incinerator in Mount Olive also the garbage triangle. We were going to get everything at one time. This Township, I can't imagine what it would have been without Bob. He was unique in a lot of ways as everybody knows. If you wanted an answer, ask him because he'll give you the answer. He wouldn't beat around the bush. He'd tell you exactly what was on his mind all the time. As far as I'm concerned, I was sorry to hear of his passing and Mount Olive owes him a debt of gratitude.

Mrs. Carayas Bergman: Thank you for that, Paul.

Mayor Licitra: This is going to take about 15 or 20 minutes.

President Guenther: The Mayor is going to give the State of the Township Address. Those who wish to listen, you are obviously welcome. If you have other plans……

Mayor Licitra: And then we are going to go over our Budget Proposal. It's going to be one of those nights.

Mayor Licitra's State of the Township Address

Good evening ladies and gentlemen, and welcome to Mount Olive's State of the Township message.

Before I begin, I would just like to comment on what a pleasure, and at times, an experience, it's been working with this Council this past year, and I'd like to note that I look forward to the challenges presented in continuing to work with them this coming year.
This year has been a year when the people of Mt. Olive have demonstrated true greatness in meeting diversity with overwhelming generosity of both spirit and finances. Since September 11th, we have all been talking about cultural issues with a heightened sense of awareness, when the evils of prejudice and hate came full focus into our lives. Many of us previously could have stated that we had never experienced prejudice against ourselves, family or friends. However, September 11th changed that for all of us and we have used that devastating experience to dedicate ourselves to fighting bias, bigotry and racism through our banding together as a Community in Unity, to ready ourselves against any further threat of terrorism. Those efforts, led capably by our OEM Coordinator and the numerous groups of township, private, semi-private and public entities are to be congratulated and their on-going efforts heralded

I would like to take a few minutes this evening to report to you on the State of the Township.

As I look back over the first three years of my term as your mayor, I'm both amazed and gratified at all our Township government was able to achieve.
As I spoke last year and the year before about the specific achievements reached during those timeframes, I will not repeat myself, and will contain my remarks to those accomplishments our fine leadership and able bodied employees have been able to bring about in 2002.
1 - Volunteers
We have been able to continue to see wonderful growth and caring program impacts as a direct result of the many dedicated and hard working volunteers that we have serving on our numerous boards, commissions and committees. To all of those residents and community volunteers who have put in long hours throughout the year, I extend my heartfelt thanks. You are truly the heartbeat of Mt. Olive.
Without the inputs and dedication of so many of our residents, we could not hope to have reached the lofty goals we set for ourselves. For those often unnoticed efforts, I again offer my congratulations and heartfelt thanks for making our township what it is today. The growth of our teen programs, the Senior center activities, the continuously successful recycling programs, the concerts on the beach, the use and growth of our parks recreational programming network, the volume and use of our website, the official filing of Historical Society locations….all of these new efforts are greatly increasing the viability and success of our unique and ever growing community.

2 - Open Space and Farmland Preservation Efforts
As you all know, I am personally committed to the preservation of Open Space and Farmland in our beautiful community. But, this does not and cannot happen if we do not dedicate resources to the cause. This year we continued with our Open Space Trust fund and hired the Morris Land Conservancy to work with our Open Space Committee on a well defined path to both preservation and passive recreational land use. To these ends, we have enjoyed several successes including:
" Acquisition of Charters Farm, a 69 acre farm that continues a farm belt throughout the western part of Mount Olive.
" Successful negotiation with the Baptist church for a 39 acre property.
" Acquisition of the 95 acres of farm and woodland known as the Devlin Farm.
" Acquisition of the Smith tract by the Morris County Park Commission, 22 acres that will continue Patriots Path, a significant recreation amenity through Mt. Olive.
" Updating of the Township's Open Space map.
" And, I am proud to say that each of the 4 procurements were realized for significantly less than the appraised property values, which saved our residents' funds for future purchases. Additionally, we were able to combine funding sources and grants which greatly expanded our buying power, with no additional tax burden being placed on the residents.
3-Buiding, Construction & Fire Prevention
This has been a year wrought with many changes. In this one small division, we experienced 3 retirements; our long-time Construction Code Official along with both of our part time Plumbing Inspectors. I am proud to say, that instead of fearing these changes, we embraced the challenges these losses brought, and have successfully worked through the year, bringing on board 3 new professionals as inspectors and offering the Sub-code official, Russ Brown, the opportunity to explore the role of leadership. Plans are under way to officially set up this division as its own Department. A few of the most significant developments realized include:
" The purchase of GovExcel software, which will automate the construction permit and state reporting requirements. This software is expected to greatly reduce the need for extensive record re-filing, reduce the need for customers and contractors to come to the office to inquire about the permit process/status, and greatly reduce the manual inspection report completion process, thus improving employee/ departmental efficiency and allowing us to reduce the clerical manpower needs by ½ a person.
" This software will also allow other related departments such as DPW, Health, Tax Assessor, Planning and Zoning to do automated look ups to verify project status. It is anticipated that this functionality alone will save 14,000 man hours each year.
" Exploration of Large Doc Solutions to film/automate and store old records. As Construction documents are never to be destroyed, storage space and availability of documents has become a large problem. With the advent of State approved Records copying and automation, residents, contractors, tax assessors and other interested parties will be able to view the documents needed without coming into the offices, as they will eventually be available over the web, thus greatly simplifying and streamlining a previously labor intensive process.
" Physical re-organization of the workspace for the Building Division gave each of the employees greater work surfaces and ease within which to accomplish their jobs.
" This Division has raised $624,504. in revenue through fees, that fully covered their costs of operation.
" Mr. Fred DeToro, Jr, the Fire Marshall also very capably and admirably served in the role of Township Emergency Management Coordinator. Through his very capable leadership, the Township has created its own Emergency Management Plan which is linked with both State and County coordinators, and stands ready to serve in the event of any emergency, including any further terrorist attacks. Mr. DeToro used his own time and energy in facilitating this group to reach its stated goals.

4- Department of Public Works
Working together with the Business Administrator, our DPW Director, Mark DiGennaro was successful in restructuring the department to compensate for retired personnel without adding any new employees to the roster while simultaneously streamlining operations to provide clear lines of responsibility and direction to his supervisors in the divisions of:
a. Parks, Building and Grounds- A great addition was realized when James Lynch was hired and named Supervisor. Jim has used his extensive knowledge and background to work with the Administrator to keep the phase 1 construction of the ball fields on target. Next year he and his in-house crew will keep the fields in pristine condition (as was witnessed by his skill in opening and maintaining the Flanders park facility in 2002), while saving the township $150,000 year by doing the work in-house.
b. Roads and Sanitation- With the retirement of Frank Kennedy and Ray Kemmerer, both of whom were very valuable to the growth of Mt. Olive, Tim Quinn was promoted to assume the full time role of Supervisor of Roads and Sanitation. In essence, the township is fortunate in getting "2 for 1" -With Tim's qualifications and his years of preparation on the job, Tim is challenged with providing services, cross training staff and keeping our roads safe.
c. Water and Sewer-This Division was reorganized and while our in-house staff is in training to receive necessary DEP operational licenses, we have contracted with D2L Associates, and we have saved approximately $133,000 annually in salaries and benefits. We have completed much needed repairs to pump stations, improved our working relationship with the NJDEP, effectively implemented and managed our drought plan, and enhanced system maintenance programs and inspections.
d. Engineering- with the soon to be retirement of another long time employee, Frank Dolan, Mr. DiGennaro is working to restructure the role and responsibilities of the Engineering Dept.

5-Health and Senior Services
Under the able leadership of Frank Wilpert and the Board of Health, his team of 8 employees continues to successfully implement programs that promote and protect the public health of our residents.
In the environmental arena, there were 260 septic inspections conducted along with 94 well and septic site evaluations, water and well certifications topped 350, while restaurant inspections completed was 87, and there were close to 1,000 apartment inspections conducted.
" On a HMUAn interest note, we issued 146 marriage licenses, of which 100 were conducted here in Mt. Olive. Additionally, we recorded 399 births during 2002.
" Clinical services provided to our residents included monthly Child Heath Screening, blood pressure screening, male and female cancer screening, skin and oral cancer screening, osteoporoses, flu shots, health fairs at the Middle school and Commerce Banks and participation in the American Heart Walk, where in $51,837 was raised for AHA activities.
Diann Brochu, who also reports through Frank Wilpert, runs an amazingly tight ship while providing services to Seniors' and those of our disabled population. A few highlights of her 2002 achievements include:
" Received certification as State Health Insurance Program Counselor (SHIP)
" Added a part-time driver for Senior Transportation
" Matched up volunteers with seniors needing assistance
" Created and distributed monthly senior newsletter
" Increased participation by Seniors at Nutrition programs, while continuing with exercise and special programming events.

6- Police Highlights
During 2002 the Mt. Olive Police Department performed exceptionally well despite the loss of funding realized as a result of budgetary cutbacks. A few of the noteworthy achievements this year include:
" One new officer, Craig Casselleto was brought on board after successfully completing the rigorous training at the Morris Count Police Training Academy.
" Although funding for the DARE program was removed from the budget, the program continued at all previous year levels, thus reaching approximately 900 middle school age children, as a result of financial support from MOMAC, and dedication of $2700 in officer salaries.
" We are using a $192,000 technology grant to improve our dispatching and communication abilities and to improve the ability to share information with other law enforcement entities.
" The COPS Card program initiated this past year was an unqualified success, raising officer awareness within the youthful population through positive interactions.
" We have applied for a grant to fund a shared school officer over the next 3 years. This project will provide a full time officer in the school system on a full time basis and the long-term costs will be shared between the township and the school board.
" Finally, while our population and commercial properties continue to grow, I am proud to state that our police force has been able to admirably continue to provide the same level of professional police service, while operating at a police to population ratio below the county and state averages.

7-Municipal Court
I realize that although the Municipal Court is thought of as a State controlled entity, the 5 very capable women who staff the 2nd busiest municipal court in the County deserve mention, for their continued service and dedication to Mt. Olive. Under the very capable leadership and direction of Jennifer Gentilucci, our Court Administrator, they have held Municipal Court every Monday, achieving a surprising rating of the only court in the County who runs with no backlog, due to the diligence of their staffing and scheduling techniques, coupled with Judge Maenza's commitment to get through the docket no matter what it takes. To them I offer my thanks, as the revenue generated by their efforts directly impacts the revenues realized by the Township. In 2002 alone, the courts handled 11,397 motor vehicle tickets, 1,395 criminal charges and 563 miscellaneous cases. As a result, through November of 2002, we received the benefit of collecting $1,270,680.79 which translated into an income for the Township of $496,998.44 or a half million dollars in this past year!
For those of you who may not realize it, we had instituted the ability to collect fines and fees through use of credit card payments, and to date collected over $90,000. This achievement also reduces the manpower needed to chase old debts and thus allows our personnel to focus on the present caseloads.
One last word about our Municipal Court. We in Mt. Olive are blessed with one of the best magistrates in all of NJ. Judge Maenza mixes his compassion and concern with his knowledge of the law. If you have to appear in any court, Mt. Olive is truly where you want to be!

8-financial highlights
Over the last 2 years, I have spoken of the financial position and improved capability of the townships finance department. The year 2002 has been no exception. Under the capable leadership of Sherry Jenkins, our township offices have brought new and innovative ways of conducting business to you, as the consumers. A few of the most notable achievements include:
" On August 1st, we began a program wherein we accepted the use of Master Card and Visa for the payment of current taxes, water assessments and sewer fees.
" Through December, the Township collected $696,000 through the use of credit card payments and enjoyed the benefit of interest earned on those funds that may have otherwise not been collected on as timely a basis.
" Since legislation had been passed in 2002 which allowed Municipalities to re-finance any existing early retirement pension obligations for members of the police and firemen's retirement system, we took advantage of this option. Being one of the first municipalities to take advantage of the County's newly formed Bond Improvement Authority, we were able to reduce our debt interest from 8.75% under the State of NJ to a rate near 4% which will save between $150,000 and $210,000 over the life of the debt repayment, depending on where the County, with its Triple A rating secures the rate.
" The Township went out with requests for proposals to several area banks, and will soon be enjoying an improvement in banking services, which will maximize investment dollars and save on banking fees with Commerce Bank.
" With the resignation of the Tax Collector an opportunity for departmental re-organization was possible which resulted in the savings of approximately $20,000 annually to the Township, while also providing an opportunity to save the last of the originally proposed job cuts, as well as a promotional opportunity for an existing township employee.
" A bond sale was conducted in May in order to take advantage of very low interest rates. The sale was in the amount of $7,665,000 and the successful bidder was Commerce Bank, coming in with a rate of 4.22%. By aggressively paying down debt that has been authorized and issued, the Township will continue to maintain its excellent bond rating and successfully plan for the future.
" We have continued to be successful in the obtaining of numerous grants which help offset the need for additional tax dollars for the funding of many needed and desirable projects. Under Kathy Murphy's able direction, the Township has received funds for:
1. The Township has received a $200,000 federal grant for sidewalks and bicycle trails, benches and landscaping in Turkey Brook Park. Work on these items will begin in early 2003.

2. A federal grant for $38,250 has been received for Flanders Fire and Rescue, fire prevention education and community training. The entire community will benefit from the use of a smoke trailer in learning lifesaving tips that should be followed in the event of a fire.

3. The Township will acquire 40 acres of vacant land from the Baptist Church. The purchase is funded by a $90,000 grant from the Morris County Open Space and Farmland Trust. Green Acres funds will pay for the remainder of the $175,000 purchase price. The Church will also donate the historic church, cemetery and schoolhouse for a future local history site. Also included as part of this deal, is that the church will donate funds for the restoration of the old church.

4. The Township purchased the 70 acre Charters Farm, on Stephens State Park Rd. this year and will auction the property in spring 2003 as a preserved farm. The $900,000 purchase price was split 50/50 with Morris County. Most of the $450,000 Township cost will be recouped at auction and from reimbursement from the NJ Farmland Preservation Program in 2003.

5. The Township was reimbursed $75,000 from the Community Development program for storm drainage installed on Netcong Rd. and Hopkins Rd. in Budd Lake.

6. The Police Department received a COPS MORE 2002 grant for $192,000 from the US Dept. of Justice for communication upgrades.

7. A grant for $85,000 was received from NJDOT for improvements to Ironia Rd.

8. In coordination with NJDEP Green Acres, MCMUA and Morris County, the town facilitated the purchase of more than 100 acres at a cost of about $1 million by those agencies. Mount Olive did not directly contribute to the cost of these purchases. State and County funds were used for the purchases.
Remember, when we are successful in purchasing land, everyone wins! We control development because homes are not built on these properties and no additional children will use our school system and place an additional burden on your taxes.

" Jack Marchione, the Township's Tax Assessor, very capably handled the need to change over 100 residential addresses. He recognized a potential life or death situation with duplicative numbering on a major roadway, and took the unpopular stand to make the necessary changes, with the least amount of confusion and discomfort to those affected. Now should our police, emergency and fire personnel, receive an emergency call, they can and will be able to locate the address in question. My congratulations to Jack for professionally handling what could have developed into a potential disaster.

9-Planning and Zoning
Although we lost the full time services of our long-time Planner, Chuck McGroarty last June to private industry, we were able to retain Chuck as a part time Planning Consultant and continue to have his expertise to guide and educate our Planning and Zoning boards. We also hired a new Zoning Officer, Dennis Fare. Dennis is a retired police detective whose background lends an uncharacteristically strong element to the normal research and analytical position. Due to his experience, he is very comfortable in his role of being the community watchdog and in bringing any violations to the attention of those responsible for correction.
A few highlights of this year's efforts to control growth and maximize our land potential while minimizing the impact on the service delivery systems include:

" The Planning Board adopted the Master Plan Reexamination Report in October which builds upon the important changes that were adopted in the 1997 Land Use Plan and the 1998 Land Use Development Ordinance which followed. This reexamination report sets the stage for adoption of a new Master Plan which is scheduled for early 2003.
" The Master Plan Committee continues to diligently work on reviewing different land use options for the Township which include the modification to the retail district to control strip mall development, use of qualifying map procedures, and a new age restricted housing zone.
" The qualifying map procedure, which is covered under Ordinance 7-2002, improves upon the residential cluster option which in itself is an important method to control sprawl.

10-Adminstrative Matters
Last, but certainly not least, I wish to thank my Administrative staff, Cynthia Spencer, Business Administrator, Catherine Natafalusy, Assistant to myself and the Business Administrator, Christie Stachnick, Benefits Coordinator, and Marilyn Ryan, Special Projects Coordinator for all their long, hard hours of work that they selflessly log in to keep the township running and citizen requests answered. I could not stand up here tonight and advise you of all the wonderful things that are occurring in Mt. Olive, if I were not blessed with a very valuable, dedicated and hard working group of employees, who keep all the activity moving and on course.

As a Councilman, I never imagined the amount of work that is put out by the Mayor's office. Cindy, Catherine, Marilyn and Christie have not only met the challenge of this heavy workload, but have also doubled the amount of work previously completed in this very busy office.

I would like to take just a few more minutes to share with you a few of the significant highlights that came out of my office this past year:
" Under the very capable hands of Scott Gaskill, our LAN administrator, I feel the township has finally made the leap into the current decade. Not only can we now visit a picturesque and often updated website, but you can obtain necessary forms, register for recreational activities, and mail in your comments and suggestions for improved government services - all from the comfort of your home!
" Combining talents and resources of our recreational staff headed up by Jill Daggon, and our administrative staff and our LAN Administrator, we were able to design and implement databases that will allow us to capture team registrations for all recreational league sports as well as provide the scheduling for these activities, right from our receptionists' desk. So, at no additional cost to the users, additional government support will be provided for these expanded activities.
" Under the direction of our new Business Administrator, job descriptions for all 137 non-police, Municipal employees were developed that help clarify and define job responsibilities for each position.
" Evaluation of the Townships' Insurance coverage and recognition that JIF provides the most comprehensive coverage at rates highly favorable to the Township.
" Exploration of alternate health insurance benefit programs and offerings in an attempt to curb the high rising cost of health benefits.
" Successful conclusion of FOP and MOTPEA union contract negotiations for the period 2002-2004.
" Coordination of 12 town quarterly meetings of both Mayors and Business Administrators that has proven to be a wonderful vehicle for sharing ideas, successful solutions and innovative approaches to common issues.
" Staff support being provided to numerous volunteer committees such as: Pride, TBSP Development, Teen Scene, MYAC, Emergency Notification of Budd Lake Issues, ITCA-Triathalon , the Recreation Committee, and other community volunteer groups.
" Positive publicity on all Township wide events and significant accomplishments, grant awards, and significant events.
" Complaints and Suggestions have been received and addressed in a timely manner.

But, that was last year. Today it is time to look ahead to 2003.
I can tell you that my administration has a full agenda for the new year. For instance, starting this month-
" There will be managerial training provided for all Department heads and supervisory personnel
" We will be implementing the re-organization which reflects the manpower reduction in each of the departments. This will be the start of focusing on working smarter, not harder.
" Gov Excel software programs will be implemented in the Building Division, Planning & Zoning and the Health Department. This cooperative and shared approach to record keeping and document management will save time and improve service delivery.
" Automated record keeping systems coupled with updated methods for meeting our inspection reporting duties will improve our overall effectiveness.
" The expansion of our current DPW fleet services facility to provide permanent record storage for all of the municipal government records will facilitate the use and reference needs of those records, by having them catalogued and conveniently located.
" A decision must be made as to the fate of the old municipal building. Do we want to save the "art deco" façade for posterity, or do we rebuild on the old footprint while addressing our pressing recreational needs?? Later this month, a committee will be formed to explore all our options.
" Renewed energy will be channeled into securing the $150,000 grant originally awarded for improvement of the municipal beach facilities. This was promised to us, and we have a contract for the same. We will continue working very hard to get back what is rightfully "ours".
" Continued expansion of all levels of our recreational programming while using the same staff complement is being made possible through the design and use of automated systems for both program registrations and team scheduling.
" In addition, our recreation department will be working with the Middle School and High School Teen activity groups to arrange for scheduling of facility use, busing, registrations, safety concerns and logistics for numerous new events. A "Summer" TRIP CAMP and a 6 week activity program for Middle Schoolers is being planned as well as a leadership development program for both the Middle and High school students.
" We are expanding the successful concert series to 9 planned events in 2003.
" Purposeful seeking of funds to assist the MOTHS in the renovation of the Seward Mansion.
" Opening of Phase 1 of the Turkey Brook Sports Park complex using in-house staff for maintenance and operational scheduling.
" Continued effort in the design and planning for Phase 2 of TBSP.
" Increased Pride in our Community through implementation of holiday and seasonal decorations in the township.
" Invigorated pursuit of hiring of qualified professionals to fill vacancies in township personnel.
" Continued reliance on and expansion of our volunteer committees and outreach activities.
" Expansion of our 2 day/week senior nutrition site to 3 days/week.
" In-house build-out of horseshoe pits for the use by the Seniors, by the P, B &G crew this spring.
" Ground breaking for the building of a new township Library.
" Successful responsiveness to emergency calls through the cooperative efforts of Budd Lake and Flanders Fire and First Aid Companies, cooperation with OEM, our Fire Marshall and in meeting the spirit of the community.
" The spirit of cooperation exhibited through the design and implementation of an early warning system for any spills or problems occurring on or within Budd Lake.
" Continued outreach and negotiation with landowners to promote and expand our open space and farmland preservation objectives
" Continued aggressive pursuit of grant funds to enhance municipal services and offerings.
" Participation in and support of the numerous volunteer undertakings between the business community and the Township.
" Reduction of reliance on outside vendor support for Water and Sewer plant operations through in-house education and attainment of State required licensure.
" To provide full service, in-house professional parks, buildings and grounds services through an expanded workforce.
" To complete the necessary remediation efforts to the Municipal building using Jim Lynch and his staff's professional expertise to implement the architectural and engineering solutions.
" To continue the recently implemented scheduled preventative maintenance on our sewer system, and thus avoid sewer spills and back-ups.
" To continue to move ahead with the planned acquisition of municipal water systems, and through combination and overlap, fill in gaps in our current under powered well systems.
" Upgrade and reconfiguration of the telephone system to support the growing demand for voice and data services.
" Exploration of wireless technology as we move to automate and contain costs.
" Approval and adoption of updated Master Plan, Waste-water and Storm-water Management Plans.
" Careful compliance with the Township Master Plan and Zoning Ordinance, so as to control growth and preserve the completion of our fine community.
" Continuation of our highly successful large Item/Bulk pick-up program in the Spring.
" And last, but certainly not least- my commitment to reach each household on a regular basis, with word of our projects and what they mean to each of you.

Now, I am sure each of you wants to know what the 2003 budget submission will bring:

As I am sure you have all heard, we experienced a number of losses in ratables during 2002, which equates to approximately $23,000,000. These losses were the result of tax appeals and a declining commercial market.
However, we were also fortunate in that we added assessments that are valued at approximately $77M with the opening of Lowes, Old Navy, Bed, Bath & Beyond, Walmart, Sam's Club, the Extended Stay America Hotel, and the Chili's/Macaroni Grille, as well as completion of parcels within subdivisions known as Oak Hill 1, Morris Hunt and Woodfield.

Essentially, when all the plusses and minuses are placed together, we are faced with a loss in Municipal revenues of approximately $128,300. When coupled with the increases in health and insurance costs, the negotiated employment contracts for both MOTPEA and the FOP, we come up short in our ability to provide the same level of service, that this administration is dedicated to, without increasing taxes. Our initial projections illustrated that we would need to raise taxes by 10 points…just to stay at last years level of service. That was an unacceptable position, and as a result, we have spent the last several months diligently working to reduce and eliminate costs, reshuffling the township's priorities and have re-organized the township workforce to highlight and attack new priorities while not reducing service delivery to our citizenry.
This administration will fight every effort to reduce services to the citizens of Mt. Olive. People judge their government by the amount of services provided and the way in which they are delivered. We will not take the easy road that was taken in the past. We will find ways to provide you, the citizens of Mt. Olive, the government services you deserve.

1. We looked at each department, and determined based on the workload and output of each employee, what positions we could best do without. At no time was an assumption made that any of the existing positions that were in effect, were unnecessary. However, we were faced with two important facts:
a. Next years budget had to be reduced from the projected level. So we committed to reducing all departmental spending by 10% and we have reduced contract vendor agreements by a like amount.
b. We needed to add three positions of laborer in order to meet council's directive, that we do Turkey Brook Park maintenance in-house, without affecting the overall full-time headcount of township employees.
2. Each Department head was challenged with finding more effective, cost efficient ways to get the work done.
3. The result of this effort was the following reduction in the workforce:
a. The part-time Recreation Clerk. These duties were reorganized and databases developed so that the recreational field scheduling and registrations could be handled by the Receptionist, from her desk.
b. The Temporary Clerk Typist assigned to the Building and Construction Department was to be let go at year end. This job would be re-designed and handled through a combined/shared job, to be filled by a long time Clerk Typist and this job would be shared with DPW.
c. The Full time Clerk Typist from DPW was given this opportunity for transfer, as the full time DPW job was eliminated.
d. The part-time Water & Sewer Meter Reader position was eliminated and combined with the Water and Sewer Collector position. This permanent employee was offered the combined job and accepted.
e. Any office work overflow will be assumed by the assessing clerk, as all personnel in the finance department have been cross trained to improve efficiency and service effectiveness.
f. The Police Records Clerk position has been reduced to ½ time and will be worked as a shared job, similar to the DPW/B&C clerical title. Once again, a long standing employee has been given the opportunity to take on this new role. The remaining clerical employees within that department will assume overflow her duties, while police officers will be encouraged to complete their own reporting paperwork, to fill this gap.
g. Finally, the Principal Clerk Typist position within the Department of Health has been reduced to a half time complement. As soon as the new Gov Excel software is in place and used by all three inspectors, the currently labor intensive report generation from the health and sanitation inspectors will now be done by those employees personally, to fill the gap in clerical personnel. We anticipate the use of hand held "palms" programmed with template forms, will facilitate this transition, and allow for automatic filing with the state.

So, after all is said and done, we were able to save all union jobs and we will start 2003 with a full manpower complement.

Therefore, my 2003 budget, which will be given to Council tomorrow, will be requesting a 3 point increase in the municipal portion of your 2003 tax bills. This represents approximately a $60 increase for a house valued at $200,000.

I would like to point out that the municipal tax rate comprises 18.5% of the overall tax rate. In addition, Sanitation is 3.5%, Open Space Trust is 1.1% and 66.1% represents the school board tax, while the remaining portion is attributed to the County.

In closing, I just wish to stress the importance and my faith, that you will all continue to band together as a "Community In Unity", to not only make Mount Olive the Best she can Be, but to continue our work to make our community entities, businesses, and schools the best they can be so that our children, neighbors and friends can live in a better society.
I am sure you will all join me in voicing our best wishes, success and speedy return for all of our armed forces (stationed as peace keeping forces /fighting) in Afghanistan, Iraq. Korea and other remote places in the World.
Ladies and gentlemen, our 2003 agenda is a challenge, no doubt about it. But the items on this agenda need to be addressed. William Jennings Bryan once said: "Destiny is no matter of chance. It is a matter of choice: it is not a thing to be waited for, it is a thing to be achieved"
We can't sit back and wait for these things to happen….this agenda gives us choices to make …and goals to achieve. And, as always, we look to you for
your advice, suggestions and inputs…and your assistance in helping us make the choices that are in the best interests of each and every resident of our great township. This is your government. The Council and I are here to serve you.Thank you all for coming tonight… and may each of you enjoy a very safe and healthy new year!
May God continue to Bless America and Mount Olive Township. Thank you.

PUBLIC PORTION - None

ADMINISTATIVE MATTERS

Presentation of the Mayor's 2003 Budget Proposal

Mrs. Spencer: Bernie, did you want to skip over the introduction of the Budget?

President Guenther: I thought that was the introduction of the Budget?

Mrs. Spencer: Sherry has a few words that she would like to share with everyone.

Mrs. Jenkins: We just wanted to provide a quick overview of this year's budget that has been presented to you tonight. Most of what I'm going to say is actually covered in Section 1. We've compiled the budget in the same format, separate sheets for salaries and wages and other expenses as we did last year. Each department has provided a detail of each individual sub account of expenses and you will find detailed salary information by employee in the budget book. The salary appropriations will be much easier to read this year since all of the union contracts have been settled and specific increases were able to be calculated. If you remember last year, we had to use a salary adjustment account because you hadn't finalized the contracts. Now that they are final we don't have that issue. I have standardized the chart of accounts. Mr. Rattner, you had requested for that last year so you can do a sub account comparative analysis. So that has been done.

Mr. Rattner: Good, thank you.

Ms. Jenkins: You're welcome. The recreation budget has been broken down into Recreation and Buildings and Grounds. A separate line item for Turkey Brook has been created in the Buildings and Grounds budget. Personnel actions proposed for this budget include a part-time teen advisor in anticipation of the opening of the teen center for the Township; three new laborers for Turkey Brook; and a new bus driver for the Senior Bus that is included in the 2003 capital budget. Obviously, if we don't acquire the bus, then we don't need to hire the bus driver. You will recall last year that we discussed setting up an appropriation for an accumulated absence trust fund that would cover potential retirement payouts and you decided not to actually put any money into that trust fund. The Mayor's proposed budget does include $50,000 to provide for those potential retirements that could happen at any time. It is a financially prudent and responsible action to take. As the Mayor covered in his speech, the proposed budget does reflect a 3.03 tax point increase which equates to about a $60.00 annual municipal increase for a house assessed at $200,000. The municipal budget is actually increasing by about 5.4% and the local tax levy is increasing by 9.79% and you will see that on the projected tax rate schedule that is in Section 2. The ratable growth is approximately $77 million and it will provide additional revenue to the Township to the tune of about $456,000 this year. Just to highlight the increases that we face in this budget: we have about $586,000 for general and group insurance; $598,000 for debt service which is obviously a result of the bond sale that we had this year; and $203,000 for salaries. In addition, you lost about $128,000 in tax revenues as a result of the $23 million that we had in tax appeals this year. You will see, which is important in this budget, is a surplus regeneration schedule that I did which is in Section 3 along with the preliminary added assessment analysis that Jack Marchione did for 2003. Of the 3 points almost $4 million that we had in surplus at the end of the year, we're proposing to use $3 million in this budget. As an aside, a tax point is about $193,000 so in order to have no tax increase, we have to adjust the budget by $579,000. We can talk later about your feelings about using more surplus but right now, based upon that schedule which I worked on with Gary, we've decided to put in $3 million. One final note, on the Utility Budgets, the sanitation district tax is proposed to stay the same. Water and Sewer, Gary and I have spoke in great detail and I believe he has also spoken to some of the Council. We need to look at that a little further to see where we want to go with that because we Ms. Jenkins (cont'd): have surpluses in those funds. I just like to conclude real quick that we feel the budget is financially responsible and we look forward to reviewing it with you and thank you for your time. Gary, is there anything that you would like to add?

Gary Higgins, Lerch, Vinci & Higgins (Auditors): I guess I'd just like to reiterate a couple of key areas. The water and sewer utilities have a surplus. It's a little higher than the report prepared by my office along with the Administration last year. We took a very conservative approach and this was really the Mayor and Council's suggestion on the additional revenues since we really couldn't predict the initial revenues but as a result of additional revenues that came in beyond what we anticipated, the surpluses in the water and sewer are higher than projected even after the rate decreases. I think the governing body should look at their potential options with regards to the additional surplus above and beyond what we had predicted with the rate decreases. There are multiple options available and I think at another time, in addition to the few Council people that I spoke to tonight, we can deal with that. Second, I did review and assist Sherry in the regeneration projection of surplus in the current fund for 2003 and leaving approximately a million dollars there in the budget offered by the Mayor this evening, I think it is a good thing to do and to look at when you see the regeneration. One thing you don't want to get involved in is having to much surplus in the budget and not being able to regenerate it because what you are going to look at is a revenue hole in a future years budget. So, keeping both things in balance; the current your utilization and where you are going in the upcoming year with regeneration is important. I think the Budget presented, I didn't review the detail, but globally I looked at it with Sherry. It is a good starting point I feel now for the Council to get going with it for the review process. Other than that, if anybody has any other questions, that is all I have to offer this evening.

President Guenther: Thank you Gary. Anybody have any questions, I think it's a bit premature, we will be setting up Budget meetings. Any other Administrative Matters? Seeing none

OLD BUSINESS

President Guenther: Any old business anybody has to bring up besides Turkey Brook? Any discussion from the Council? Seeing none, well move on.

Turkey Brook Park Project Status

President Guenther: I know there was a committee meeting tonight, Cindy, do you want to give us an update on Turkey Brook please.

Mrs. Spencer: The long term development Committee met tonight and will be continuing their work in two different phases. The first phase they are going to develop a plan for implementation of the space in the center loop road and that will consist of subjectivities as basketball, horseshoes a tot lot. Not field development and so they will be focusing on that during the month of February, and then in March after bringing that preliminary plan to the Council with their recommendations, they will be focusing their energies on the Phase II development and according to the original plans. The recreation group has gone out and resurveyed all they sports leagues to determine what the recreational needs are in terms of the fields in use. That information will be contained in a report and a layout for what it is believed that the phase II of the project will need to do. That information will be brought back in the form of a recommendation to Council. Later on in tonight's meeting, Ccouncil will be asked to approve a contact for an architect to Joe Di Maria, we are asking that he be hired as an architect and a construction project representative to over see the two building construction, the baseball tower and the soccer restroom. That is basically it.

Mr. Rattner: One of the concerns we had when we shut down the construction in the fall was what condition and how much damage from erosion and things like that would happen with the changes of weather. Have we noticed anything or any problems creeping up?

President Guenther: I think the best would be to call Jim Lynch up to give an answer to that.

Mr. Rattner: One of the reasons why I bring that up, if you remember a few meetings ago, I believe Mr. Dorsey told us that since we are getting near the end of the contract with the prime contractor, that besides the normal retainage, since we are going over the winter and there could be possibly be some rework done to make sure that we could have enough money withheld so that come the Spring they finished all the work. I just want to make sure that we are in good shape at this point.

Mr. Lynch: I can say I was on the site Sunday with some of the snow drifting up there, it was a good opportunity to get out and see exposed areas. It seems like everything that had been done on site, stabilized fairly well, I didn't see any major points of erosion. Of course there are going to be some small areas where we
Mr. Lynch (cont'd): are going to have Conte address, but I feel the site is in good shape, it is holding up well through the winter we are having. At this time I cannot anticipate, where I can't see, I can't foreshadow any problems.

Mr. Rattner: The sod, it was done at the contractor's risk because he was doing it late, any comments?

Mr. Lynch: The sod did knit. I was out there in late November prior to the first snowfall covering the ground and the soccer fields and the baseball field where the sod was laid did knit and it was in very good shape. I was actually very happy with the roots on establishment. The football field was a little bit behind because it was put down when it was a little bit colder, that was one of the later pieces of sod to be laid. It did begin to knit, I still think that with the snowcover we had, we are in good shape because snow creates a constant temperature shield, it is always 32 degrees under the snow so that is good for sod. It is an insulator and when that melts it will have water it in, and I think we are in good shape.

Mr. Rattner: Thank you.

President Guenther: Anybody Else?

Mrs. Miller: I thought I saw a truck stuck at Turkey Brook Park. It looked like it was stuck right up to it's hubcaps.

Mr. Lynch: There have been some sub-contractors out there. I didn't see that. I know the fence contractor has been in finishing small items, some of the other sub-contractors are looking to get some of their punch lists done. Conte has been on site, so there have been vehicles on and off. I didn't see that particular incident, so far the site has been secured. We patrol it, we take rides through and check everything out as frequently as possible. It may have been a sub-contractor I just don' know.

President Guenther: When did you see that?

Mrs. Miller: It was earlier in the week, I happenend to be going by with the school bus, and I noticed this truck really sunk in up to his hubcaps, I think he got off the gravel, there was still snow on the ground.

Mr. Spino: Where?

Mrs. Miller: Not on the paved section, but on that section where the rope comes across and where the gravel comes out by Chelsea Drive.

Mr. Lynch: That may have been the fencing contractor; he was on site earlier this week. It was a flatbed truck, with fencing around it.

Mrs. Miller: It may have been. They were up there trying to finish up some work.

Mr. Guenther: Any other Comments from Council?

Mayor Licitra: I do have a proclamation for Bob, I would like to read it into the record if I may at this point.

President Guenther: Go ahead Mayor.

WHEREAS, Bob served on various Township Boards; and

WHEREAS, Bob was a major force behind the opposition to the construction of a garbage incinerator and landfill in Mount Olive; and

WHEREAS, Bob was a founding member of the Mount Olive Residents Against the Transfer Station (MORATS), and also Treasurer of the Concerned Citizens of Morris County; and

WHEREAS, Bob dedicated many hours of his time to both these causes; and

WHEREAS, as of result of Bob's dedication and hard work, these groups were able to keep both the incinerator and landfill out of Mount Olive; and

WHEREAS, it is with deep sorrow that we have been notified of the passing of Robert J. Bergman and do wish to posthumously honor him for all the work he did on behalf of the Township.

NOW, THEREFORE, as Mayor of the Township of Mount Olive, I, Paul R. Licitra, do hereby proclaim Tuesday, January 14, 2003 as Robert J. Bergman Day in Mount Olive in recognition of his hard work and dedication on behalf of Mount Olive Township.

LEGAL MATTERS

Mr. Dorsey: You all have in front of you tonight a copy of the complaining condemnation dealing with Smith Farm. I advise all of you that this will be a difficult and complex condemnation, not only is the price very much in dispute since they want $3.5 million more than we've appraised it for, but they also will try and delay having the date of taking fixed which is normally the date of filing the complaint until the resolution of the litigation involving the zoning suit that they brought under the name of Interverse Enterprises, but this is the first step and we will try to file that by Friday. Secondly, we had another victory this week, yesterday we received Judge Hayley's opinion in the supplemental decision by the Appellate Division. If you recall in August the Supreme Court granted a partial remand at the request of Mt. Olive Complex and it was limited specifically to the issue as to whether or not the trilogy of Mt. Laurel decisions rendered by the Supreme Court also in August should have any effect upon the Appellate Division as decision of Mount Olive Complex. Judge Hayley again writes eighteen pages, and says that those cases have no applicability. I am amused because at the end of the decision, the plaintiff's always try to do something in these briefs and in these motions, that they probably shouldn't try to do, and they asked Judge Hayley to reconsider, not only what the Supreme Court told him to reconsider, but reconsider his definitive decision in upholding the five acre zoning. I'll read a page to you here, Judge Hayley responded and you can tell he was angry by the whole situation, it says finally Pheasant Bridge Corp. which is a very bad case for us, the Plaintiff like it, the Plaintiff argues that we should revisit our determination upholding the Township's five acre lot zoning as it complies to Plaintiffs property. We are bound to comply with the clear mandate of the Supreme Court. The Supreme Court's remand clearly directs us to reconsider our opinion in light of the three Mt. Laurel cases decided after the opinion was rendered. It does not direct that we reconsider the zoning issues decided by us in light of Pheasant Bridge Court, In any event, and now he puts the zinger in, the severe steep slopes, fresh water wetlands, flood plains existence of a 30 acre plus spray irrigation field on Plaintiff site mandated DEP buffer areas and other environmental constraints bound to exist in this case Mt. Olive Complex, together with the interplay and significance of the State plans designation of the Plaintiff's site as "environmentally sensitive", clearly distinguished this case from Pheasant Bridge Court. So he disposed of that aspect and gives us some ammunition in connection with Interverse Enterprises. I suspect that the plaintiff's will take what I hope; this is the seventh round that we have won in this eight year case. I suspect they will take advantage, because I believe that procedurally they are entitled to again apply to the Supreme Court for a petition for a certification for the Supreme Court to review it. I suppose they will do that. We will oppose it, and I think we are getting close to the end of the case.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

October 22, 2002 Present: Mr. Guenther, Mr. Greenbaum, Mrs. Miller, Mr. Perkins, Mr. Rattner, President Scapicchio, Mr. Spino
Absent: None

December 17, 2002 cs Present: President Scapicchio, Mr. Rattner, Mr. Perkins, Mr. Spino, Mrs. Miller
Absent: Mr. Guenther, Mr. Greenbaum

January 7, 2003 cs Present: President Guenther, Mr. Scapicchio, Mr. Rattner, Mr. Greenbaum, Mr. Perkins, Mr. Spino, Mrs. Miller
Absent: None

Mr. Scapicchio moved for the approval of minutes, Mrs. Miller seconded the motion.

President Guenther: Council Discussion?

Mr. Rattner: Just one question if the Clerk could just check, I believe it is page 3 on the October 22, 2002, I believe my name is spelled wrong. Some of the words are gargled. In there, there is some gargling, I am not really sure and I can't remember exactly what I said, it was a couple months ago. It didn't make sense.

Mrs. Miller: It wasn't your fault?

Mr. Rattner: There was something in there that just didn't make sense; I think a sentence was missing. It said I congratulated Frank Kennedy on serving on the Council. I know I did not say that.

President Guenther: Somebody pushed the delete button.

Mr. Rattner: Well my name was also spelled wrong, so maybe it was somebody else that said those things.

Mrs. Lashway: I will check and make the changes.

ROLL CALL: Passed unanimously; Mr. Greenbaum & Mr. Guenther abstained on December 17, 2002.

CORRESPONDENCE

Resolutions, Ordinances, Correspondence from other Municipalities

1. Three Resolutions received December 20, 2002, from the Township of Hanover regarding Current Budget Cap Law, Opposition of Assembly, No. 1872 and Opposition of Assembly, No. 1173 and No. 1927 which if adopted would create a significant workers' compensation impact on Municipalities.

2. Resolution received December 20, 2002, from the Borough of Mt. Arlington regarding Endorsement of Senate No. 1586 Hotel Occupancy Tax.

3. Resolution received December 30, 2002, from the Borough of Butler regarding Amending the Budget Cap Law.

4. Notice of Hearing received December 30, 2002, from the Township of Roxbury Zoning Board of Adjustment regarding the property located at 278 Old Ledgewood Road, Flanders.

5. Ordinance received January 8, 2003, from the Township of Washington regarding Land Use.

6. Resolution received January 10, 2003, from the Borough of Chatham regarding Amending the Current Budget Cap Law.

League of Municipalities

7. E-mail received December 13, 2002, from the New Jersey State League of Municipalities regarding
Nonconforming Uses Bill held in Assembly, and released, without recommendation, by Senate Committee, COAH Interim Certification, -1945, posted for Senate Vote on Monday and League Proposal to Exempt 9/11 Victims Highlights, Senate Voting Session.

8. E-mail received December 19, 2002, from the New Jersey State League of Municipalities regarding
Nonconforming Uses A-2699/S-2106, COAH Interim Certifications and Property Tax Reform.

9. Letter received December 20, 2002, from New Jersey State League of Municipalities regarding League Seminar for the 2003 Fiscal Update.

10. Letter received January 7, 2003, from the New Jersey State League of Municipalities regarding League Seminar on Newly Elected and Re-Elected Officials.

11. Letter received January 8, 2003, from the New Jersey State League of Municipalities regarding League Seminar on Effective Management of Traffic on New Jersey's Roads.

12. Letter received January 8, 2003, from the New Jersey State League of Municipalities regarding Labor Relations Seminar.

MSA / MUA

13. List of Allocations received January 7, 2003, from the Musconetcong Sewerage Authority for the participating Municipalities in the 3.803 MGD Water Pollution Control Plant.

DOT / DEP / Permit's / LOI's

14. Letter received December 16, 2002, from the State of New Jersey Department of Environmental Protection regarding a Correction to a Letter of Interpretation - Line Verification Extension Applicant: New Jersey Foreign Trade Zone Block 106:Lot 3 (30 Continental Drive).

15. Letter received December 16, 2002, from the State of New Jersey, Department of Environmental Protection regarding Correction of Letter of Interpretation - Presence / Absence Extension, Applicant: New Jersey Foreign Trade Zone Block 202; Lot 1 (International Drive).

16. Letter received December 30, 2002, from the State of New Jersey Department of Environmental Protection regarding Authorization for Freshwater Wetlands Statewide General Permit for Applicant: American Instants, Inc. Block 6801; Lots 4 & 5 (115 and 117 Bartley Flanders Road).

17. Letter received January 8, 2003, from the State of New Jersey, Department of Environmental Protection
regarding Tilcon New Jersey Inc. Block 148, Lot 1 (Waterloo Road).

18. Letter received January 9, 2003, from the State of New Jersey, Department of Environmental Protection
regarding Municipal Stormwater Regulation Program.

Correspondence from Legislative Representatives

19. Letter received December 16, 2002 from Assemblyman Garrett regarding Land Use.

20. E-mail received December 19, 2002, from Congressman Frelinghuysen regarding his December Newsletter.

Correspondence from Organizations / Committees / Boards

21. E-mail received December 13, 2002, from the Morris County Chamber of Commerce regarding Leads Exchange Plus.

22. Letter received December 20, 2002, from PMK Group Environmental regarding the SPCC Rule.

23. Letter received December 24, 2002, from Morris Land Conservancy regarding Silver Spring Manor.

24. Minutes received December 30, 2002, from the Morris County Planning Board regarding the October 17, 2002 meeting.

25. Letter received December 31, 2002, from Morris County Green Table regarding the Garden State Greenways Project.

Utilities / Cable

26. Letter received December 18, 2002, from NJ Natural Gas Company regarding Notice of Public Hearing on Basic Gas Supply Service and Gas Cost Recovery Adjustment Factor.

27. Petition received December 27, 2002, from the State of New Jersey, Board of Public Utilities In the Matter of the Application of Oakwood Village Sewerage Associates, L.L.C. for Approval of (A) Service Area, (B) Issuance of Equity Interests, and (C) Initial Tariff.

28. Letter received January 9, 2003, from Cablevision regarding the "Wiz."

COAH

29. Newsletter received December 20, 2002, from Council on Affordable Housing

President Guenther: Anybody have any questions on Correspondence?

Mrs. Miller: Bernie, just today I got a letter form a resident concerning the parking down at Mountain View, I assume that all of us got it.

President Guenther: Well, we all got the letter, it is another point of view, we are now in the process, Cindy took a ride down there today, we are in the process of setting a meeting with the new Principal of that school for the first week in February.

Mr. Scapicchio: Bernie, at last night's Board of Education meeting, that issue can up and I guess through Cindy, the new Superintendent, the Police Department, and I guess the Township Administration have a meeting set up with school officials to try and address that. They thought we were passing an ordinance to ban Mr. Scapicchio (cont'd): the angled parking on Linwood Road. I guess they did not understand that there was never approval to put it there.

Mrs. Spencer: That's very confusing; I had spoken with Mr. Gonella and he agreed that it was totally within our preview and we will be removing those angled parking lines and the Chief did have a new conversation with the new Principal at that school just to advise that we would be doing that. We need to construct a curve along that space, because the curve is missing right now, and the snow has been the reason for the delay in doing that but we had actually had the conversation and had planned to do it between the Christmas and New Year school break but because of the snow we are unable to.

President Guenther: Regarding that letter, the particular resident that brought us other issues which I think she was possibly wrong on some of them but I think we'll discuss that with the Principal and hopefully get it all resolved. Any other questions on correspondence?

ORDINANCES FOR PUBLIC HEARING - None

ORDINANCES FOR FIRST READING (2nd reading January 28, 2003)

Ord. #1-2003 Ordinance of the Township Council of the Township of Mount Olive Amending Article II Section 4-5 of the Code of the Township of Mount Olive - "Mayor." (Records Retention/Management)

Mr. Rattner moved that Ordinance No. 1-2003 be introduced by title and passed on first reading and that a meeting be held on January 28, 2003 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road, Mt. Olive New Jersey for a public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish post and to make available said Ordinance in accordance with the requirements of the law. Mr. Greenbaum seconded the motion.

President Guenther: Any discussion? Seeing none.

ROLL CALL: Passed Unanimously.

Ord. #2-2003 An Ordinance to Amend and Supplement Ordinance No. 52-2002 Entitled an Ordinance of the Township of Mount Olive Authorizing Certain Stop Intersections.(Carson & Pershing & Carson & Delbar)

Mr. Greenbaum moved that Ordinance No. 2-2003 be introduced by title and passed on first reading and that a meeting be held on January 28, 2003 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road, Mt. Olive New Jersey for a public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish post and to make available said Ordinance in accordance with the requirements of the law. Mrs. Miller seconded the motion.

President Guenther: Council discussion? Seeing none.

ROLL CALL: Passed Unanimously.

Ord. #3-2003 An Ordinance of the Township of Mount Olive Prohibiting Parking at Certain Times on Streets Within the Township of Mount Olive. (Eric, Victoria, Jeffrey, etc.)

Mrs. Miller moved that Ordinance No. 3-2003 be introduced by title and passed on first reading and that a meeting be held on January 28, 2003 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road, Mt. Olive New Jersey for a public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish post and to make available said Ordinance in accordance with the requirements of the law. Mr. Rattner seconded the motion.

President Guenther: Council discussion? Seeing none.

ROLL CALL: Passed Unanimously.

Ord. #4-2003 Bond Ordinance Providing for the Re-Adoption of Ordinance Number 10-2002 Adopted March 26, 2002, Authorizing a Supplemental Appropriation of $756,189 for Additional Park Improvements to Turkey Brook Park in and By the Township of Mount Olive, in the County of Morris.

Mr. Spino moved that Ordinance No. 4-2003 be introduced by title and passed on first reading and that a meeting be held on January 28, 2003 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road, Mt. Olive New Jersey for a public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish post and to make available said Ordinance in accordance with the requirements of the law. Mr. Greenbaum seconded the motion.

President Guenther: Council discussion?

Mr. Scapicchio: Is this one of those ordinances that was not properly noticed?

Mrs. Lashway: Yes.

Mr. Scapicchio: And this is one that we are forced to redo.

Mrs. Lashway: Yes.

Mr. Scapicchio Thank you.

ROLL CALL: Passed Unanimously with the exception of Mrs. Miller, abstained.

Ord. #5-2003 An Ordinance of the Township of Mount Olive Prohibiting Parking at Certain Times on Streets Within Carlton Hills.

Mrs. Miller moved that Ordinance No. 5-2003 be introduced by title and passed on first reading and that a meeting be held on January 28, 2003 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road, Mt. Olive New Jersey for a public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish post and to make available said Ordinance in accordance with the requirements of the law. Mr. Greenbaum seconded the motion.

President Guenther: Council discussion? Seeing none.

ROLL CALL: Passed Unanimously.

Ord. #6-2003 An Ordinance of the Township of Mount Olive Authorizing a Fee of $25.00 for the Preparation of a Duplicate Tax Sale Certificate.

Mr. Scapicchio moved that Ordinance No. 6-2003 be introduced by title and passed on first reading and that a meeting be held on January 28, 2003 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road, Mt. Olive New Jersey for a public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish post and to make available said Ordinance in accordance with the requirements of the law. Mr. Rattner seconded the motion.

President Guenther: Council discussion? Seeing none.

ROLL CALL: Passed Unanimously.

Ord. #7-2003 An Ordinance of the Township of Mount Olive to Amend and Supplement Chapter 400 Entitled "Land Use" to Clarify the Setback Requirements for Accessory Buildings and Structures When Attached to Principal Buildings and Structures

Mr. Rattner moved that Ordinance No. 7-2003 be introduced by title and passed on first reading and that a meeting be held on January 28, 2003 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road, Mt. Olive New Jersey for a public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish post and to make available said Ordinance in accordance with the requirements of the law. Mr. Greenbaum seconded the motion.

President Guenther: Council discussion? Perhaps Mr. Greenbaum, you could explain this briefly for the public.

Mr. Greenbaum: This is the clarification of what is an accessory building as this came up in Woodfield Estates. In light of a number of deck issues that were being addressed, it became apparent that there was a loop hole in that ordinance and this ordinance is intended to address those issues.

Mrs. Lashway: I will be sending this to the Planning Board asking them to review it at this weeks meeting so that we can have the public hearing on the 28th.

Mr. Greenbaum: That was discussed at the last Planning Board hearing that it would be coming at this Thursday's meeting.

President Scapicchio: Okay, thank you.

ROLL CALL: Passed Unanimously.

Ord. #8-2003 Ordinance Appropriating $200,000 from the Morris County Open Space and Farmland Trust Fund and the Open Space Trust Fund for the Acquisition of the Baptist Church Property in and by the Township of Mount Olive, in the County of Morris, New Jersey.

Mr. Greenbaum moved that Ordinance No. 8-2003 be introduced by title and passed on first reading and that a meeting be held on January 28, 2003 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road, Mt. Olive New Jersey for a public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish post and to make available said Ordinance in accordance with the requirements of the law. Mr. Spino seconded the motion.

President Guenther: Council discussion? Seeing none.

ROLL CALL: Passed Unanimously.

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS

2. Resolution of the Township Council of the Township of Mount Olive Opposing Senate Bill 1962.

3. Resolution of the Township Council of the Township of Mount Olive RE: Ilmar Aasma, Reduction in EDUs, Lot 3 Block 2906

4. Resolution of the Township Council of the Township of Mount Olive Authorizing an Additional $1,000.00 for Environmental Assessment Phase I RE: Baptist Church Property.

5. Resolution of the Township Council of the Township of Mount Olive RE: Community Development Funds.

6. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Telecomm Alliance for Telephone Equipment & Wiring Upgrade for Mount Olive Township.

7. Resolution Providing for the Sale or Not to Exceed $650,000 General Obligation Local Unit Refunding Bond of the Township of Mount Olive in the County of Morris, New Jersey to the Morris County Improvement Authority, Determining the Form and Other Details Thereof, and Authorizing the Execution and Delivery of D9ocuments and Other Matters in Connection Therewith.

8. Resolution Introducing a Capital Budget for the Year 2003

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer's Agreement Between the Township and Riad Development Company, LLC.

MOTION TO APPROVE CONSENT RESOLUTIONS AGENDA

Mrs. Miller for approval of consent resolutions 1 through 9, Mr. Rattner second the motion.

President Guenther: Any comments from the public on the Consent Resolutions agenda? Seeing none.

ROLL CALL: Passed Unanimously.

RESOLUTIONS NON CONSENT

10. A Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Joseph P. DeMaria Architect in the Amount of $18,000 to Provide Construction Project Representative Services in Connection with the Restroom Building and Baseball Tower Building to be Constructed at Turkey Brook Park.

Mr. Spino for the adoption of Resolution No. 10. Mr. Rattner seconded that motion.

President Guenther: Council discussion?

Mr. Scapicchio: Mr. President, would it be appropriate to discuss this in execrative session?

Mr. Dorsey: What is the nature of the discussion?

Mr. Scapicchio: In some way, does this have to do with our disagreement with Olympus and some of those details?

Mr. Dorsey: I don't think there is anything in those disagreements that relate to what has to be done here, is my recollection, Klein, Design and or Stewart Engineering several months ago, essentially defaulted and refused to go forward, if I recall correctly, they refused to sign what would have been the final set of plans which meant that we were forced to use the earlier plans which they signed, so from my standpoint, I think the record is clear. It was Mrs. Spencer who dealt with them at that time, essentially said that they were not going forward and they were not going to corporate anymore, that is my recollection. It was then because of the refusal to go forward, maybe Cindy would confirm this that the Administration then had to seek out some other alternative and try to keep this project on track. There is a relationship, but there is not a relationship that I think interferes with this resolution, I think what has occurred before necessitates this resolution. Cindy, did I mistake the situation?

Mrs. Spencer: No.

Mr. Dorsey: What I said was Klein Design I guess refused to go forward. They refused to sign the final plans and at that place everybody had to scurry to try and find and pick up the pieces and this resolution would not have been necessary if Klein Design had signed the final plans, they didn't and therefore this action is required because of their default. Do you agree with that?

Mrs. Spencer: Absolutely.

Mr. Greenbaum: I had an opportunity to speak to Joe earlier this week about my concern over the limitation of liability provisions in the contract which have been satisfied by my discussion with Joe and I am prepared to vote for the contract.

Mr. Scapicchio: Rob could you share that discussion?

Mr. Greenbaum: I'd rather bring Joe up and have him explain his position with regard to the limitation of liability and I am glad Joe is here.

President Guenther: Why don't I just get all the questions up on the table and have Joe answer them all at once.

Mr. Spino: I have a reason for discussing it in executive session, that would be possible negations with a possible Township Employee.

Mr. Dorsey: Fine, for negotiation purposes, you are entitled to go into executive session. Mr. Spino has made a motion to go into executive session essentially to discuss the terms of this agreement with the individual. It is a professional contract, therefore it is not one that is openly bid, so Mr. Chairman I think you should ask if there is a second to Mr. Spino's motion.

Mrs. Miller: Second.

President Guenther: The motion has been moved and seconded, any discussion? Seeing none.

ROLL CALL: Defeated unanimously with the exception of Mr. Spino and Mrs. Miller voted yes.

Mr. Dorsey: Okay, well he's here so I guess there will not be an executive session.

President Guenther: Anymore questions so that they are all out there for Mr. DeMaria to answer right away?

Mr. Rattner: It isn't a question for Mr. DeMaria, I understood what the concerns were with the limits of liability, and regardless of what Mr. DeMaria and Mr. Greenbaum have discussed, I want to know that if we are prepared to sign a contract, has our attorney reviewed it, and is he satisfied that we are protected.

Mr. Dorsey: I reviewed with you people at the end of the last meeting, a very specific letter agreement which Mr. DeMaria has submitted. The price was not for me to pass upon, I simply assume that is a reasonable price. I discussed with you the letter proposal contains in it, very specific limitations in terms of his liability. I discuss it not because there is anything wrong with it. I discussed it because you have the peculiar situation here in which, one architect, drew the basic plans, a second architect is to see those plans through to fruition. The agreement specifically exempts Mr. DeMaria from liability in defects that may exist in terms of plans that he did not draw and were drawn by Klein Design. I simply pointed that out to you, there is nothing illegal about the agreement, it is a matter of negotiation, and I simply said it is understandable that Mr. DeMaria is not going to assume responsibility for plans that he did not draw or was he paid to draw. Then you all asked that Mr. DeMaria come in and have a discussion.

Mr. Rattner: I thought what I heard, and maybe I heard wrong is that Mr. Greenbaum and Mr. DeMaria have had the same discussions and they came to an agreement. Is it that you just understand what it is, that you didn't change anything?

Mr. DeMaria: That is exactly true.

Mr. Rattner: Then there is nothing that Mr. Dorsey had to look over.

Mr. Guenther: Let him address then the substance of his discussion with Mr. Greenbaum, maybe that will answer all of our questions.

Mr. DeMaria: First of all I would just like to say thank you for the opportunity to help out the Township. I have been on the Turkey Brook Park Committee since it's inception. I have enjoyed doing it, I have been to the park about a half a dozen times during construction. It looks like it is going to be a really first class project. From what I could see from the site work, it is coming along beautifully and I am happy to be part of it. If I can help the buildings get built with my services, I am just thankful for the opportunity to do it. First of all, very very quickly, the buildings are simple buildings, but how do buildings get built? When you design the buildings, there are two parties, the owner, the Township, and the designer. When you build the building you bring in a third party, the contractor. During that construction phase when most of the risk is involved, the construction dollars, the architect has a role to play on behalf of the owner and also to assist the contractor, okay. I am coming in during the construction phase. Now how do buildings get built. Klein design, prepares these drawings and these specifications, to build a building. But the building gets built from shop drawings, materials submittals, samples and cut sheets and specs of all the products the contractor wants to buy and put in. Even though these buildings are simple, they have every trade that needs to be coordinated and reviewed. Foundations, carpentries, structural steel, prefabricated trusses mechanical, electrical, plumbing. My limitation of liability and indemnity is basically for; if there are errors in these plans, and there is a change order which is going to cost you additional money, I don't want to be held responsible for those errors. I will advise you the best I can, I am going to try and catch those errors, a couple of which I have already caught, but that is basically the reason for the LOL on the indemnity. If I can continue, there was a question from the construction official, he did not want to release the permits for the buildings because on the drawings, it was stated that three outdated building codes were used; two 1993 codes and a 1996 code. When I reviewed the plans, the plans looked fine. I said I have to check this out a little further. I was able to contact the designer, I asked him if he was using outdated plans or is this just a typo. He told me it was a typo. Everything that we designed was on the back six pages of the drawings and that code data is on the cover sheet. That is an old cover sheet with old codes. So what I am going to do is I am going to write a letter to the construction official, tell him that the plans comply with the most recent codes, that it was confirmed by the designer and ask him to release the permits for construction.

Mr. Scapicchio: Joe, have all those plans and specifications been signed, sealed and dated by the original architect?

Mr. DeMaria: The set that I have has been signed sealed and dated January 18, 2002.

President Guenther: Thank you.

Mr. Rattner: The way Mr. DeMaria explains it, it sounds like he does not want to be held responsible for the change order, and I understand that because you are starting out, you are making suggestions in your professional experience, that need to be done and I can accept that. I guess when I hear about limits and liability, you are not accepting the liability, and the building is going to be built. In other words, if there is a defect in the plans, something that the beams or whatever are supporting too much weight, that it is going further than it should; who would be held responsible? If somebody is the architect overseeing the construction, you are looking at it on a daily basis, that is what I am more concerned about. We want to make sure as the building goes up that anything that you get involved with, you are still responsible for. The change orders, I understood that part. I was scared about; if we are building and everybody is just pointing their finger on who should have caught what, we are not gaining anything. Regardless of whether the plans were perfect or whether they're a mess or they are some place in between, we want to make sure as it goes up, if we are going to hire somebody we want to make sure it is done right. Just like you did with the different specs. You have now made a representation that the best that you can tell, the codes that we used are the current codes, it may have been misrepresented. You are now accepting responsibility for that because if you go back, you have already looked at it. You can't come back and say that they have used outdated codes because now you have been involved. You would have to absorb some responsibility, not for the change, but if something had to be redone later. For example, lets say the construction official then comes out and says this does not meet current code, it has to be torn out. I guess that's all I am really looking for; who would we hold responsible, otherwise why would anybody care about doing a good job? But the way he explained it, it is just the change orders. He does not want to be held because he has a change order and the change order is going to add $17,000 to the course, I could understand that because he has nothing to do with the original design and that is what we want them to do. We want him to catch the errors before the building is built. I guess as long as that is the limit of his responsibility then I could go with that as long as Dorsey can make sure that it is worded properly.

Mr. Greenbaum: Joe, let me clarify something in light of what Mr. Rattner said. I am not sure that the liability which you are willing to assume is as great as Mr. Rattner assumes that you are undertaking because there was something in our discussion where you saw the limit of your liability as the amount of the contract and so if that is the case then you are not undertaking what Mr. Rattner assumes you are undertaking.

Mr. DeMaria: My liability, my limit of liability is the amount of money you are going to pay me to do the job. Right now it is $18,000. My question to the Council is; you have a $695,000 construction project. how much money and what percentage of liability has already been assumed by the previous architect, but more importantly on my part, how much liability should I assume? Should I assume the full $695,000? I don't think I should.

Mr. Greenbaum: I think that is depended upon the nature of the service and the nature of the liability which ultimately arises. Let's assume that a change order is done in the building where you change the length of a beam from what is in the specs to something much larger and the building fails. Ultimately it is your professional judgment which would be considered the negligent act subject to liability, wouldn't you think that under those circumstances you would have the responsibility for liability in this instance as opposed to a defect in the specs that were drawn?

Mr. Dorsey: Wait a minute, I would phrase it this way, number one, I don't think he has any liability. If he oversees the construction of this building and it is built in accordance with the plans and specifications signed by Klein Design and for which the construction code official is going to issue the permits. If he sees to it, the building is built in accordance with those plans and the building collapses, I say he has no liability. If he authorizes a change order and the change order causes the building to collapse, then he's got all kinds of liability. Or if he doesn't see that the building is built in accordance with the plans and specs, for which the building permit is going to be issued, then I think he assumes liability.

Mr. Greenbaum: I don't disagree with you I just want to make sure that's what Joe is saying.

Mr. Dorsey: Well, do you agree with what I said?

Mr. DeMaria: If it ever gets to the point on this project where I have to redesign something, I am going to come to you with a separate contract, or an amendment to this contract telling you I am going to be a designer now, you are going to pay me extra and assume full liability for the redesign, that is not what this agreement is for. This is to oversee construction of that design. What happens Mr. Dorsey in the incidence where the building is constructed or is intended to be constructed pursuant to the design previously prepared., it is not constructed in that fashion and then the building fails.

Mr. Dorsey: Then I say he has no liability, the liability thing goes back to Klein Design.
Mr. Greenbaum: I think you are missing my point, John. I am saying if he intends to build to construct the building pursuant to the plans and the building is not built pursuant to the plans by Joe's oversight, who assumes the responsibility in that instant?

Mr. Dorsey: Well, in the first place, Joe builds nothing. Joe oversees the construction by the building contractor and if he approves the construction of the building and it is not in accordance with the plans and specifications, then he has liability.

Mr. Greenbaum: That is fine with me. It didn't sound me that we were at that level.

Mr. Spino: $18,000 worth of liability is that it?

Mr. Dorsey: You can't say that he is limited to $18,000.

Mr. Spino: I'm not, that's what he said.

Mr. Dorsey: The damages arise if he missed fees in terms of what he oversees. It could be more than $18,000, it can be less than $18,000. He assumes no responsibility for the plans. He accepts those; his obligation is to see that it is built in accordance with those plans and specs. Now it gets to be a whole new ball game if you suddenly decide we'll now we have to redesign the building and we ask him to do that. Then if he agrees to do that, he assumes responsibility for that redesign.

Mr. Scapicchio: I also think that we have been put in a position of having to hire someone of the expertise of Mr. DeMaria to make sure that what gets built by the contractor and remember we are under contract in terms of the contract that we've approved for the league portion of the project to make sure as Mr. Dorsey says that what has been designed by the previous architect is actually built and if changes are then to be made on site because they find an error within those drawings, Joe will then come back to us with a proposal and I guess a cost estimate, an explanation as to what needs to be changed and why.

Mr. Dorsey: You are satisfied that Klein design put us between a rock and a hard place, that they did not complete their contractual obligations.

Mr. Scapicchio: I'm a not quite sure that if Joe was not a resident of Mt. Olive Township. if he would probably take this project on.

Mr. Dorsey: I think that is absolutely true.

Mr. Rattner: I can understand what was said. For $18,000 to get us out of a hole, you don't want to accept a heck of a lot of liability, however without saying anything more, I think everybody understands my comfort level with the project manager and his team. I have not had a comfortable feeling about a lot of the designs. Listening to when you accept responsibility and you don't, I want to make sure that we don't get into a contract where Mr. DeMaria is not going to bring up something that he thinks should be improved upon or something that is not right because he does not want to expose himself to any liability. If I contract with somebody at this stage of the game and with the experience we have had with some of the other specs, with this major project from a lot of different sources, I want somebody who has the incentive to go in and look and see if everything is right and not be worried about the liability.

Mr. Dorsey: Wait a minute, let's ask Mr. DeMaria that question. I assume that all though we have all established those plans were done by Klein Design, and signed by Klein Design and after you point out to the Construction Code Official that they sprint on them that they were done in accordance with the most recent codes, are you reasonably satisfied with those plans?

Mr. DeMaria: Yes.

Mr. Dorsey: Of course once the Construction Code Official issues the permit based upon those plans, that absolves a lot of people.

Mr. Rattner: What I was concerned about is Mr. DeMaria and I could understand his position and I would take the same position that I did not design this whole thing. There is a lot of work that went in there and that if I don't change anything then I don't have any responsibility because I am building to the specs. I want him not to worry about the liability he is taking on, If he sees something wrong, this has to be redesigned and he takes on the responsibility, that is where I don't have the comfort feeling.

Mr. Dorsey: Joe, do you understand the charge that Mr. Rattner has properly given to you? The charge is if
Mr. Dorsey (cont'd): you see anything wrong, we want you to come and tell us it's wrong and we want to get it corrected before it is built.

Mr. DeMaria: My answer is, if I see something where I feel the health, safety and the welfare of anybody that is going to us that building may be at risk, if something is not consistent with building code requirements or the design, I am going to bring it up.

Mr. Rattner: I understand that part, but you give something, and he said this was not designed good, the heating system is not going to work right. We have had that before here. We have had some other problems. It is not something that is going to be safety, it is not going to be that the building is going to fall down. But since you are very limited, you don't know what you are getting yourself into. I want to make sure that the liability, because once you make a change, we are going to hold you responsible because you made a change and you should know what is going on. That's where the line gets redrawn. I was talking on a small contract, I would not want to take on those responsibilities either. I am just saying from a practical standpoint. I am not saying anything wrong with it, I want to make sure that we are this deep into this project already. That if he sees something that could be better with the plumbing; why did they use plastic, they should have used copper, instead of copper they should have used plastic; those types of things. Because if he just builds it spec and it will work, he does not have any liability. Once he touches it that is where he is worried that he gets into liability. I want the comfort feeling that he will take on all that responsibility, even for just improvements to make it run right, or more efficient.

Mr. DeMaria: You are asking me to value engineer the building when the plans are done and the contracts are already let to build it. From what I could see, the copper pipe to be spec'd is the right pipe, I am not going to suggest an alternate. If I see a major problem I'll bring it up. If I see an opportunity to save you money, I really can't advise you on it. The design is done, he's bid on it. All I can do is get it built.

President Guenther: You spend a few hours reviewing your plans, correct? In your professional opinion, you have made a couple little suggestions and nothing major, but you don't foresee anything that you have seen so far that would require a major change to those plans?

Mr. DeMaria: I see no design changes necessary at all.

President Guenther: My main concern is this, and we have had this in so many other projects, so we have change orders and they kill us. Then all of the sudden the meter starts running and we just start incurring a lot of additional expenses and that was the reason for my question. I think you made a good proposal, I think it is reasonable for what you are going to do, but I am always concerned about changes taking place because as you go along and at $200.00 an hour the expenses can accumulate very fast.

Mr. Greenbaum: John, I need you to follow and Joe you too for a second so we are all on the same page. I see three areas of liability. One is for the design specification which we are passing on at this point. We are not asking Joe, as a professional, to assume liability for the design specifications as they are currently although Joe tells us that he has reviewed them and they appear to be fine. Joe is going to build these pursuant to the design specifications. If he does that he has a limitation of liability.

Mr. Dorsey: Follow me. Joe is not going to build anything. Joe is going to do construction management.

Mr. Greenbaum: Thank you and I apologize for continuing with that error in vocabulary. So Joe is going to oversee the construction pursuant to the design specification that Joe oversaw. Joe will have liability for that deviation. To the extent that there is going to be a change order from the specifications, Joe is going to come back to Council and we are going to renegotiate with regard to your liability and to the terms of your contract with those design specifications.

Mr. Guenther: Thank you for summing that up very well.

Mrs. Miller: I am just a little concerned; while I think restrooms are important, why do we have to move ahead with the baseball tower building at this point when we have so many cost overruns. Isn't that kind of a luxury?

Mr. Rattner: The contract has already been issued, there is not a lot we can do.

Mrs. Miller: We don't necessarily have to build it right away do we?

Mr. Spino: Yes you do.

Mr. Dorsey: It goes back over nine months ago that we awarded the contract; Consolidated Building that used Mr. Dorsey (cont'd): to be Union, but anyway we awarded the contract and the baseball tower was part of those plans and specs. You can't delete them now. The contractor has been very decent because he held his price and I don't the think he has complained about the delay. Sorry Charlene I have to say that.

President Guenther: Okay, did everybody properly understand Mr. Greenbaum's summation which I think put it into good context and I think Mr. DeMaria agreed. Okay, are we ready for a vote?

Mr. Spino: On the payment of fees. "Upon substantial completion to work, " what is substantial?

Mr. DeMaria: Substantial completion as defined by the contract you have with Consolidated Building is the date you take over the building.

President Guenther: Anyone from the public?

Ned McDonald, Budd Lake: I don't really see what the Township is getting for their money here. Mr. DeMaria stated that he feels that his total liability will be in the amount of $18,000 which he's paid, so basically it is sort of a money back guarantee, but that is all. Although I realize that we need for someone to over see the construction. I think we have to look to protect the Township from all angles. We really don't know what is going to happen and Mr. Rattner's concern about it if it's built, not according to the original plans and Mr. DeMaria is remiss in discovering that, who's going to be held liable? Again it could be a rain leak, it could be a building collapse, we don't know. I would strongly urge that this resolution be defeated and you go back to the contract negotiations and really hash out as to what is going to be done with respect to all of these various scenarios and who will be liable and if we have to get a more extensive contract if it costs us more, so be it. It may be a very inexpensive contract at $18,000 but we may be paying $18,000 for something that is worthless. Whereas if we went to something more extensive, it might protect the Township. It just looks like there is a lot of confusion on everybody's part and nobody seems to know who is going to be responsible with respect to liability and this whole thing. It looks like you are all asking questions, but I don't really see where the answers have become clear.

President Guenther: I'll ask Mr. Greenbaum to repeat his summation because I thought he summed it up very well. We divided up into three portions. I thought the second portion of that covered your concern, in other words. His overseeing of the project does not cause the project to be billed in the manner specified in the drawings, he is liable, am I correct?

Mr. Greenbaum: You have to ask Mr. Dorsey.

Mr. McDonald: I didn't hear Mr. DeMaria agree to that. I heard what was raised by Mr. Greenbaum, but I didn't really hear a commitment on the part of Mr. DeMaria on that. The only commitment I hear upon his part was the fact that he felt that his total liability was $18,000 and I haven't heard him change that.

President Guenther: Ned, I thought I heard him agree, but I will let Mr. DeMaria speak for himself.

Mr. DeMaria: Let me give you an example, I don't have a contract with the Township yet, but the contract is under a time limited. Shop drawings started to come in. I was part of the committee. I said yes, send me what you have Cynthia, I'll start the process. Already the contractor submitted two products which were inferior to the spec. He submitted a vapor barrier that was too thin and would not do the job, that's a submittal that I have rejected and said resubmit. Secondly, the specs call for extra heavy duty hardware. The building is outside. He submitted, cut sheets for standard duty interior hardware. I rejected that submittal and said resubmit with extra heavy duty hardware per the spec. Just those two reviews are what you are paying for.

Mr. Dorsey: Joe, just answer the simple question. Do we agree that your primary obligation and responsibility is to see that Union Consolidated Construction builds this building in accordance with the plans and specs to prepare by Klein Design.

Mr. DeMaria: Yes.

President Guenther: The next question is still worth clarification. What is your liability if it is not? If you miss something and the builder says; wait a minute, I guess the builder is also liable, right? Is the builder liable Mr. Dorsey?

Mr. Dorsey: Yes.

President Guenther: But then we also want to hold Mr. DeMaria Liable, correct?

Mr. Dorsey: I think that is where his liability comes in. He has agreed that is his obligation.

Mr. Greenbaum: It's a question of a limitation of liability. Is it the damages that are actually incurred or is it $18,000, that's the answer that we need to have.

President Guenther: That is the question. You are saying it is $18,000?

Mr. DeMaria: Yes sir.

President Guenther: I guess Mr. McDonald is right, that was not clear.

Mr. Rattner: But in that specific case, if the plans say to use certain hardware, just because Mr. DeMaria may have not caught that because he wasn't there that day or it was something internal. The contractor is still completely responsible because he did not build the spec. I understand Mr. DeMaria is taking on a job and since he lives in Town, I don't know why he is doing it. If he sees a change or something he is going to come back to us, he is going to propose a change, he is going to get paid for that change and then he accepts all the normal responsibility that an architect would have and that $18,000 is for a different function. This would be like any other architect coming in saying here's the job, and then his regular insurance for amount practiced or whatever they call it would cover. I think I understand it and I am actually satisfied, because it is tough, we are not asking for our money, we need somebody to oversee what is going on, we got to start moving with it. As long as Mr. Dorsey can make sure, if he understands what we we're worried about, everything is in the contract properly.

President Guenther: Let me put it in a different perspective and correct me Mr. Dorsey if I am wrong. You have even used this terminology. We are over the barrel and we need an architect to sign off at a certain juncture because of the situation with Klein Design. But apart from that he is in effect being hired as a Clerk in the Works. I refer back to other projects where we had Clerks in the works for example Mr. Doshi, wasn't he a Clerk in the Works on the sewer project? What was his reliability?

Mr. Dorsey: He was a Township Employee.

President Guenther: Well in effect with the contract, Mrs. Miller and Mr. Spino wanted to go to closed session because they considered him a Township Employee. Would he be considered an employee even though he is under a contract?

Mr. Dorsey: No. He is an independent contractor.

Mr. Rattner: That's why he gets paid a little more than an employee would.

President Guenther: Well, does that change the liability issue then?

Mr. Dorsey: Yes. It does change the liability issue. It does not change from what I have said but it changes that from which Mr. Doshi was employed.

Mr. Greenbaum: There is only one situation in which we are not covered, and that is a situation where the oversight of the construction is not done properly and there is a catastrophic failure in excess of the $18,000. I am not saying that we would not be able to collect from the construction company because obviously they would have their own liability but we would be limited in term of what we could collect from Mr. DeMaria by the contractual provisions of the contract to retain him to $18,000. It is a contractual issue.

Mr. McDonald: My concerns are still there. If there is a failure on Mr. DeMaria's part to catch a failure to follow the original plans, and the building is built not to the original plans, now maybe the contractor is at fault, but if there is a catastrophic failure or any failure.

Mr. Scapicchio: Give an example of a catastrophic failure.

Mr. McDonald: The roof falls in, there is a child inside at the time and he is killed; it doesn't have to be a catastrophic failure. There are degrees of failure. But anyway, regardless, something goes wrong, we aren't going to be able to go back to the original designer, he is going to say, hey you didn't follow my plans. Where does that leave the Township?

President Guenther: First of all you have to prove that. In your example it could be any number of reasons that the roof fell in. As a whole cause of relationship, what caused it? Was it the fault of the contractor, was it the fault of the materials being used?
Mr. McDonald: Let's say for hypothetical reasons, that it is proven that it was not built to the original specs. That is one scenario. Mr. DeMaria did not for whatever reason catch the improper building, something happens and now we are stuck with only being able to go to the contractor?

Mr. Scapicchio: Bernie there is another level here and that is the Township's building inspectors. Every step of the way you have multiple inspections for the multiple trades that are involved in this project. I view Joe's responsibility here separate and distinct from an architects or a designer's at this point. I view it as a construction manager working for the owner which is the Township. We will deal with the designer and or architect later on that may or may not be Joe if the design changes that require signature and a seal need to be made, and at that point I am not convinced that has to be Joe. Maybe we want to keep him strictly as our project manager.

Mr. McDonald: I understand that, that is not my concern, my concern is if something gets missed that he does not catch. He is being paid, to not let things be missed. And if he does miss something he is remised in his duty, and I think he should be held liable, not just for $18,000, but for whatever the court may determine is the percentage of liability that he is liable for. I really don't see that we should be giving him a cap on liability on that. If he wants to take on a contract, I think he has to take on the responsibility of that contract. I am not disparaging him, but he could be very cavelier in his duties knowing full well that hey, it's no skin off my nose if I miss something because I am basically not going to get paid for the job.

President Guenther: I think we get the point. Mr. Dorsey, is there any degree of liability that could still be attached to Klein Design?

Mr. Dorsey: Yes, in terms of plans and specifications, and you know why we are at it, it must be pointed out that Mr. DeMaria's submission as Mr. Spino picked up, does not limit his is $18,000 liability. That may be his thought but it is not so. It exempts him from liability in terms of any errors and omissions in the contract documents and plans and specifications previously prepared by Klein Design and it exempts him or excludes him from liabilities arising out of negligence acts, errors omissions by any prior consultant employed by the Township of Mount Olive which is Klein Design, does not seem to me to exclude his liability if indeed he does not fulfill his basic obligation and that is to see that the building is built in accordance with those plans and specs. But it is never going to be a perfect arrangement here. It is not a perfect arrangement because when we give a job to Gene Buczynski, he takes it from step A through step Z. When you give me a piece of litigation I take it from A to Z. You don't have the ability to do that here because of the failure of Klein Design.

Mr. Greenbaum: I don't think anyone is arguing that John, everyone is satisfied, or at least the comments have been directed at the fact that everyone is satisfied. Joe is picking it up at point B. His liability starts at point B and if that is what the limitation of liability is for point A to B, I think that we are all satisfied with the contract. It's from point B forward, down the road. As soon as Joe is assuming responsibility for making sure that the building is built pursuant to spec, that's where his liability starts. It is not limited. It is to whatever the damages are.

Mr. Rattner: I think the other thing we have to look at and we have to acknowledge, we know what this hourly rate is and how much he is charging and you figure how many hours over six months. He is not going to be there full time. We are not paying him to be there full time, we probably couldn't afford to pay him there full time. Also when we first started these discussions on what we are going to do with the building; is we were wondering if our own Building Department could do all the oversight. This way at least we could get somebody else. I think with what Mr. Dorsey read, I just wanted to make sure that he is held responsible for the work that he does. It sounds like what Mr. Spino has picked up on. I am ready to approve it because we want to get moving, it's a six month construction period, it is an important piece of Turkey Brook and we want to get on with it.

ROLL CALL: Passed unanimously with the exception of Mrs. Miller who voted no.

MOTIONS

1. Bill List.

Mr. Scapicchio made a motion that we approve the Bill List as submitted. Mr. Greenbaum seconded the motion.

President Guenther: Questions or discussion? I have a question, on page one. Capitol Project Management Inc. for $2,000. Who is Capital Project Management, Inc?

Mrs. Spencer: I don't know off hand, I could try to look for it.
President Guenther: On the next page, question was on Centra Lock Decoder, about $15,000, $16,000.

Mrs. Spencer: That was a lock box for the one of the Fire & Rescue. They needed to refurbish their lock box, it was under contract.

President Guenther: Any other questions on the Bill List?

ROLL CALL: Passed Unanimously

2. Approval of a Peddlers Permit Anthony Skulitz.

Mr. Scapicchio made a motion to approve a Peddlers Permit for Anthony Skulitz, Mr. Greenbaum seconded the motion.

ROLL CALL: Passed Unanimously

4. Reappointment of Chris Killian to the Recreation Advisory Committee for a 3 year term to expire 12/31/05.

Mr. Scapicchio made a motion for the Reappointment of Chris Killian to the Recreation Advisory Committee for a 3 year term to expire 12/31/05. Mr. Greenbaum seconded that motion.

COUNCIL REPORTS

Library Board Liaison Report

Mr. Scapicchio: Wednesday I had my first Library Board Meeting and I am looking forward to serving on the Library Board this year. They discussed the schedule and they have an aggressive schedule that will require all of the professionals to have their plans and specifications done late winter. They also discussed having Mr. Dorsey review those for compliance with all Municipal bidding law requirements and they are hopeful that they'll be able to award a bid and begin construction in the Springtime. The one thing that I did find out from Rita Hilbert was that once a contract is signed with a contractor, the State will then turn over to the library 40% of the grant that they have approved.

Recreation Report

President Guenther: The Recreation Advisory Committee met this last week, which I attended. A lot of issues were discussed. One thing that will be coming up for approval will be a facility and field use rules and policy and amendment to our parks Ordinance that will be coming before us at the next workshop meeting. Also, there was a report given on Turkey Brook fundraising, apparently the group that Peter Jaran is working with has done a very good job and I am very satisfied and that is moving along very well. Each Organization will be asked to collect a field maintenance surcharge. It was discussed, not to collect but to contribute to maintenance surcharge. Whether to try and do that individually, it was not practical to do that so each organization is being asked to do that as a way of contributing to the maintenance of the Turkey Brook fields. From the representatives of the various groups that were there, they weren't all there but most of them were, there didn't seem to be any objection to that. I think there seems to be a good spirit of wanting to help to defray the cost of maintenance at Turkey Brook. Lastly, I just wanted to mention that Jill Daggon, she is a very valued employee to me. She presented a sheet of her goals for last year, then she had a sheet that was an overlay where she had checked off all the goals that she achieved. Then she has done the same thing for 2003. All in very specific terms as to what her goals are. I think that is a very good exercise. I hope that other department heads are doing the same thing. From the looks of it she did a very good job. Also, in just preparing the paperwork. I am amazed at the amount of work that woman is able to put out. She has it all figured out and she does a good job.

Board of Health Report

President Guenther: There is no Board of Health Report but I just realized that I think at the beginning we were going to have an update from the Township Engineer who is patiently sitting in the audience about the retention wall at ITC South, I think this would maybe be the time to do that.

Mr. Buczynski: Regarding the walls, it is really not a new story, I mean it goes back probably about a year ago where I advised the Council at the time of certain walls by the Sam's Club. There was on going discussions with AIG/Baker. The letter I wrote to you a week ago was referring to what is really called south wall number three, which is closer to International Drive in the Sam's Club parking Lot, I was concerned at the time, if it Mr. Buczynski (cont'd): was more structural or it was just water damage. They have had their structural engineer come up from I believe, Georgia and it was determined that basically there were some problems where there was settlement in the paving, stormwater got in and basically caused some water damage to the one wall which right now has been barricaded with cones out there. They have done some repairs, but they have done structural testing and they are very confident that wall is not per say falling down. Slippage and the curbing separating from the roadway, a lot of water getting in there causing some settlement but there is no concern really regarding that particular wall that there is a structural defect. Regarding walls eight and nine which is along International Drive, the walls have shown severe movement and slippage. It probably is worse than it was four or five months ago. They contracted with groups from Georgia and from local construction areas where they are going to do a detailed shoring of the wall with concrete pilasters, they are in the process of installing soil nails which is a method of basically stabilizing the walls with any further movement. One of the things so that you are aware of it, although it is within the right away, the walls are not the Town's responsibility relative to future maintenance, that was a clause in the contract. All those walls are supposed to be maintained by the developer, there are easements along all those walls for that purpose that was discussed during the Planning Board stage and we made sure that was also on different agreements with the developer. So it's really their responsibility to do the repairs because they are the ones that are going to be responsible for the future maintenance of it. The method of repair, really there is not too much you could do. You can't start taking down the walls. You will be taking down the roadway, it really isn't the right way to do it, you have to try to stabilize with the movement you have. One of the items you have to realize with gravity walls, which is the wall system you have, the actual brick is more for esthetics. Your strength is within the grid systems which in some areas depending on the height of the wall, could go maybe 20 feet back. Some areas, these multiple grid systems might go back 15 or 20 feet. That really covers the structural strength of the wall. For instance, the bricks are really pinned with connectors, you could pull up the bricks and still have the wall there and that is what you are seeing. You are seeing some movement, but from our reports, we have structural reports back and forth professionals from AIG/Baker and that what they are doing now is the right process and will stabilize the walls.

President Guenther: Gene, could the movement have been caused by the rush of the project and building so fast that maybe there was not proper compaction behind it?

Mr. Buczynski: It was inspected, and we provided inspection on it from basis, they had a full time inspection service, a certified Engineering company. As you can see, there is a lot of water problems on that site from what it was before. You had a lot of wetlands before. It is a very wet site. Some of it could have been through water. You get some natural movement, but I will tell you the movement of those walls are more than your normal movement. You expect some movement in the walls, this I believe is excessive. They are addressing it in a professional manner, the method of use is an approved method for repair, the esthetics of the wall, they are saying look different. There was some movement, but it will be stabilized. I would be more concerned if it was really our maintenance responsibility, the fact that if we knew it was fixed now, ten years from now are we going to be responsible to repair it later on. The maintenance is not our responsibility.

President Guenther: But the other concern is a safety concern, suppose the bricks do start falling and conk somebody on the roof of a car.

Mr. Buczynski: I don't see the wall falling down, I really don't.

President Guenther: Any other questions? Okay moving on with reports.

Planning Board Report

Mr. Greenbaum: Thank You. We met on January 9, 2003 and had our Reorganization Meeting. Sandy Geiger was elected Chairperson, John Mania was elected Vice Chairperson. We dealt with one issue at the meeting, it was an application by Hashemi for challenging fees of our Planning Board Attorney and Engineer. Mr. Hashemi had made the application before the beginning of the new year, he had been instructed that we would hear his application at our Reorganization Meeting if his check was to be delivered by the end of the year so that it could clear to cover his trust account so that there would be sufficient funds in the trust account to cover the bills, Mr. Hashemi decided to wait until 3:00 of January 9th to come in with his check, accordingly we did not hear the Hashemi application on the fees and tabled it until the 16th after his check has cleared. The 16th is going to be an interesting meeting, we have Rezamir Estates coming in for their qualifying map. It's the second meeting, there is a large Mount Olive resident contingent interested in the application, again it is that plot of land between River Road and Drakestown Road. One of the interesting factors there is there's about a mile that you have to travel before you actually get into the sub-division that is going to go from Shop Lane into the sub-division itself and there are a lot of environmental constraints on the property. Minor subdivision on the 13th, Frank Mayone and then we are going to start on the Crown Tower Estates concept plan before Planning Board. That should be interesting. Very quickly, February 20th, Saxton Falls, Sand and Gravel, Briad
Mr. Greenbaum (cont'd): Development East and Saturn of Denville and I guess the next meeting which will be the March 13, 2003, we get two more concept plans related to Mr. Paragano and I assume they are both part of the old Crown Tower Application. He separated everything at this point. We are going to be meeting the 2nd and 3rd Thursday's as opposed to the 1st and 3rd Thursdays, which was originally.

Open Space Committee Report

Mrs. Miller: We had our meeting last night, actually we kind of reviewed some of our goals and objectives and we are working on a summary of accomplishments for the year 2002, we reviewed the properties. Most of the properties that I am going to mention were already in Mr. Dorsey's Legal Matter document that he had given to us, and we are happy to sit. We didn't think that we had actually been able to purchase that much property but once we got to talking about it we were able to move over quite a few properties like the Charter's Farm and Devlin's property. Some properties that the State bought. I am sure that when we start adding them all up, I am sure we are going to have well over a couple hundred acres of properties that have been purchased over this year. That summary and our goals for this year will be coming shortly.

Legislative Committee Report

Mr. Spino: No report at this time, but I do have a question of Mr. Buczynski. We got correspondence about the water system. The extended living at Paragon Village, I was wondering if you had a comment on that Gene. The water system up at Paragon Village?

Mr. Buczynski: Again this is just a follow up to a letter I sent the other week that I copied to Council. Right now it looks like it might go away, and the fact that there is additional discussions with HMUA and with the DEP and with Paragon, that the concerns that the DEP might have had before about firm capacity are not as severe as they thought and they would allow those two projects to be connected with HMUA. If it does not go away, the position is that they have to come back in front of the Planning Board and the Board of Adjustment for an amendment to the approvals. The concern is that there was property owners along Drakestown Road who had concerns with the project and they were not afforded the opportunity to address concerns to what effect an on site well would have to their site. I would think that it was agreed to by both boards, so they would have to come back. Discussions as recent as last Wednesday with Paragano, and they advised me that they met with the State and now the State is meeting with HMUA and I confirmed that yesterday with a discussion with Bruce Smith, the director form HMUA and he thinks that they are probably going to allow HMUA to connect him in with the understanding that there are some other issues. That there is going to be a time schedule for HMUA to address certain items to the DEP. It may even be to allow them to temporarily connect into them and then state my review of that situation another year, and if HMUA is not going along with the schedule DEP has set, for them to implement certain things, then they might say, hey, you got "x" amount of days and you have to put the wall on. But that is where it stands right now.

Mr. Spino: But they would have to go back to the Planning Board and the Board of Adjustment for that to amend the plan.

Mr. Buczynski: While I am here, just a couple of other things I had just to keep you up to date, a couple projects regarding DOT applications from last year, it was Pleasant Hill drainage and also Route 46 sidewalks, from lets say the Village Green area to Elizabeth Lane. Those projects are on schedule to basically go out to bid, probably in February so that they can be constructed, and get bids by early Spring. Also, the project that the Mayor mentioned in his address regarding $85,000 for Ironia Road, I just have to submit a proposal to the Town to do the design work, but I think the intention is to also get that job done probably in late Fall. Just one other issue to get you up to date. I had some discussions with people relative to what's happening with Flanders-Netcong Road, and Drakesdale Road intersection, the County has approved the preliminary concept plan, they went back to the developer and he is preparing the final design plan so then we can get them back to the County and we would probably do an information meeting. My suggestion, have an information meeting with the homeowners, a few people in the area who had some concerns, I told them we would probably have one night meeting just to get in any of their concerns and we would review the plans with them so everybody's on board with what is happening. I would think that project should go into construction, I would like to think late spring early summer, because I think once they start doing Morris Hunt, which I believe they are going to start in the Spring, that is going to go in line with the improvements to the development. Toll is the Developer and they will be doing the improvements. The County will get an agreement between the developer and the Town. I talked to Steve Hammond from the County, we have been having discussion regarding the plan. I think that is moving on schedule. That is just an update with some projects so that you know what is going on.

Pride Committee Report

Mr. Perkins absent; no report.
Status of Committee RE: Lake/Environment Issues

Mrs. Miller: Ray had sent me a memo; I think the next meeting is going to be February 25, 2003

Board of Education Report

Mr. Scapicchio: I just want to back up to the Library Report. I left one piece of information out. We talked about the water and Sewer hook up to that facility. I had a brief discussion with Mr. Buczynski prior to this evening's meeting. We have a new proposed Waste Water Management Plan that we need to review and adopt before we can get approval to have the new library site tied into the source. I think that Gene and Bernie, you should probably work out a date and move forward with that sooner rather than later. Last night was my first Board of Education meeting as Liaison. Several issues were discussed, one was the parking over at Mountain View and according to the new Superintendent she is meeting with school officials, administration officials, and the Police Department to try to figure out what can be done with the parking situation and the traffic over there. They also discussed the leftover referendum money in the amount of $150,000.00 for construction, they are going out to bid to rehabilitate and sod the playing fields over at the new Middle School. They also reported that the football fundraising dinner that they had last week, raised $8,000. They raised enough money to buy all of the players rings, all of the cheerleaders bracelets, the balance of the funds that were raised were going to go towards supporting a weight room over at the high school. That was all, Bernie.

Mayor Licitra: Bernie, before you open the public portion, there is one committee that we are forming that you wanted to be aware of; we are having our first meeting at the end of the month, the Turkey Brook Neighborhood Committee, we will meet every three months and discuss issues that will deal with the park and it's effect on people around it. I know you wanted to be part of that; Council liaison to that, we will let you know when the date is.

Dave Jones, Budd Lake: This is a question for the Administration. It is my understanding that several mistakes were made by the Chronicle which led to the Council changing the advertising to a different paper which cost 20% in the advertising; I was just wondering what the mistakes were that the Chronicle made?

Mayor Licitra: That's from the Administration?

Mr. Jones: Yes.

Mayor Licitra: Better check with the Council.

Mr. Jones: I know but I talked to several members of the Council and they said that you advised them to change advertising.

Mayor Licitra: I would like to know who on the Council told you that.

Mr. Jones: Also Phil Garber from the Chronicle.

Mayor Licitra: Who on the Council told Dave Jones this?

Mr. Greenbaum: Not me. I have had no discussions with Dave Jones at all.

President Scapicchio: I have had no discussions with Dave Jones at all. In fact I could tell you that I brought this subject up at our caucus which was held at my house in December on a Saturday morning at 9:00 am. I brought it up because Lisa had brought to my attention the fact that there were approximately 10 ordinances that never got published in the Mt. Olive Chronicle that we had to redo. Lisa's first request to me was that she thought it would be appropriate if we changed newspapers. She then came back after having a discussion with the owners of the Mt. Olive Chronicle and had agreed to give them another opportunity to try and straighten it out. We discussed that at caucus and it was determined that the Chronicle given the mistakes that they made, given that we can only publish once a week and the fact that the Daily Record gave us a better opportunity to publish notices sooner rather than later; we made the determination that would be the paper that we would have our legal notices published in.

Mr. Greenbaum: In addition to that I believe that the Daily Record has as big if not larger circulation in Mt. Olive.

Mr. Jones: No. I don't think that's true.

Mr. Greenbaum: It is as big if not bigger.
Mr. Jones: Not in Mt. Olive.

Mr. Greenbaum: Yes. In Mt. Olive.

President Scapicchio: I could tell you what Phil Garber, a representative of the Mount Olive Chronicle told me. He determined that his paid subscription was 2,500 and that the Daily Record was at least 2,500. So it was equal to…

Mr. Jones: From what I understood it was more than 3,500 for the Chronicle. That's my understanding.

President Scapicchio: Who told you that?

Mr. Jones: I talked to members from the Chronicle.

President Scapicchio: I am telling you that Phil Garber told us it was 2,500.

Mr. Spino: It seems to me that we are discussing things that someone is giving information as factual where it was not factual. He has already said that the Administration did something that the Administration did not do, that the Council made the change through suggestions through the Township Clerk, I mean we are talking about someone giving us misinformation and he wants us to correct it. How could we correct his misinformation?

Mayor Licitra: I would still like to know who on the Council told you that.

President Guenther: Let me end this, okay?

Mayor Licitra: Before you go Bernie, I think I have a right to know which one of the Council Members talked to this man.

President Guenther: Let me just reiterate what Mr. Scapicchio said, I think he said it pretty clearly, but let me reiterate. The reasons were for more immediate publication than the Daily Record. The circulation issue we did not discuss in particularly, but it was felt that the Daily Record gave just as good, coverage but that we get more immediate publication. We could act on ordinances quicker and when errors are made it really complicates things for us. That's really the main reason. Then the errors that did occur, it just created all kinds of problems for us. In fact one of the other things that we did and I did talk to Mr. Garber; as I understand it with the way we had it set up with the Chronicle was that the Chronicle was number one and the Daily record was No. 2 as a back up. I felt we flip flopped it, that we made the Record one and the Chronicle two. He tells me in the resolution we passed the Chronicle was not even on there, I honestly don't remember that.

Mrs. Lashway: I took the Chronicle off completely. I was not told to keep it as a secondary.

Mr. King: In addition the Statute is clear, that the paper you officially designate either has to be printed in your town or in the County. It is to my understanding that the Chronicle is not even the County, it is outside. By Statute they should not have been this year, either one two or three because they don't meet the Statute requirements in those other Towns that follow that and fall into place under that Statute.

Mr. Spino: Again, some people don't really understand the importance of the availability of having the paper printed everyday in regards to Ordinance announcement for either Council or the Planning Board. It makes it very difficult sometimes to do things in a timely manner when you have to maybe even have another meeting or adjust something because the ordinances can't be printed or the announcements cannot be made in a timely manner because you have to wait another week.

President Guenther: Just before I recognize you Mr. Greenbaum, I believe there was even a case where somebody has taken the Township to task for the fact that there were delays in publishing it that we missed a cut off and this particular party that has a complaint against us and wrote us a letter, they should have been grandfathered because we didn't publish it in time. So there was a specific case where the Township could have possibly of gotten hurt, I have been told by Council that it is a technicality and we'll probably win out. This is just one more legal complaint that we don't need, which the Town also has to spend money defending itself.

Mr. Greenbaum: Two points. I don't believe we are talking about an incredible amount of money. If I am not mistaken we are talking about somewhere around $7,000 in legal advertising that we were required to do last year? Something in that range Lisa?

Mrs. Lashway: I believe something in that range.
Mr. Greenbaum: We are not talking about an incredible amount of money. Number two; Bernie, I have a problem with passing up, even though you gabbled the Mayor, I would still like to know where Mr. Jones is getting his information from.

President Guenther: Mr. Greenbaum, I suggest you have a conversation with Mr. Jones afterwards.

Mr. Greenbaum: You don't have to answer, but I just want to know whether you are prepared to.

Mr. Spino: He does not have to answer to that, but we have to answer everything he asks us about.

Mr. Greenbaum: We don't have to answer him.

Mr. Jones: You are a public official.

Mayor Licitra: So, you have no credibility, right?

Mr. Spino: You are asking us to comment on misinformation that you won't tell us how you got it, or how it was represented to you.

President Guenther: Can we not have conversations back and forth with the audience please?

Mr. Rattner: The conversation I did have with Mr. Jones is that it was unanimous that we change the paper. In fact when I saw Phil Garber in Lisa's office a few days ago and said exactly the same thing. I said after the mistakes and the timing there was no way I could support the paper anymore. I have always been a big supporter, I have always voted not to change it, this time it was unanimous. So that's what we did, we all ended up agreeing.

Mrs. Lashway: An advantage that you will see right now, is the ordinances you did tonight; your second reading is going to be in two weeks. For the past year or so, you have noticed your ordinances have been a month apart. So if this all works out correctly, this is going to allow you to adopt your ordinances in a two week time frame.

Mr. Scapicchio: Lisa, don't you also get immediate confirmation from the Daily Record?

Mrs. Lashway: I am working through some humps that I have to work through with them.

Mr. Scapicchio: But that is something that we can get that at this point is not available through the Mt. Olive Chronicle.

Mrs. Lashway: The difference was is that I was getting a confirmation from the Mt. Olive Chronicle but it didn't mean anything because it was not coming from the person who was responsible. So I was getting a confirmation of receipt but not necessarily a guarantee that it was going to be in the paper. In this instance I am dealing with a real person who is communicating with me.

President Guenther: We are still technically in Public Portion, is there anybody else from the Public who has a comment. Seeing none. Final Council Comments.

Mr. Scapicchio: None other than to say that I again state that I had no conversation with Mr. Jones and I would like to hear every other Council Member say the same thing.

Mr. Rattner: I just said I did have a conversation with Mr. Jones and I told him exactly what I said just before.

Mr. Greenbaum: I don't have a problem with anybody having a conversation with Mr. Jones. I had no conversation with Mr. Jones but had he asked me I would have had a conversation with Mr. Jones but I can't believe that anyone would have given him that information because that is just clearly wrong and that is not the way that this decision was made and the decision was made for business purposes and for no other purposes as far as I knew at least in my own mind and I am troubled by a resident coming up here and providing us with information and not disclosing the source and Mr. Jones should be aware of the fact that the Public Comment Period is not necessarily a question period and if he is not willing to respond to our questions I am not sure even as a Public Official that during that period I have an obligation to respond to his questions. He has a right to get up here and talk, speak his mind on any issue that he wants to speak, but I have a right not to respond to him if he is not going to respond to me. That is the way that I am going to handle Mr. Jones from this point forward. I am going to give him the same respect that he gives to me as a Councilman.
Mrs. Miller: Well, I didn't get to talk to Mr. Jones either, but I know that there are people on this Council that think I leak secrets. I will not go into that right now. However, one of the things that I did mention is that when we have our mock Council Meeting with the High School students, I would think that some of these ordinances that we pass tonight on the changing of the no parking might spark some interest in them.

Mr. Greenbaum: Could I address that since I was involved? We are talking about Friday the 24th at 9:30 as a reminder to everyone. The high school students are going to be participating, the 4th grade students from Tinc Road School. Almost everybody, Earl, I am not sure about you responded that they were going to be here. The agenda has already been set in terms of the issues which are going to be discussed. The two issues which were contemplated were an issue of recreational vehicle use on the fields on Turkey Brook which seem to be something that will be a lot of kids who are for it and against it obviously. Also it was a one way issue around the Tinc Road School similar to what you are parking, so those were the two issues. I think the time is going to be about and hour to an hour and a half.

Mrs. Miller: The last thing I wanted to say is that I won't be here next week for the Council Meeting, I will be here for the Mock Council Meeting. I have a commitment out of Town.

Mr. Spino: I did not talk to Mr. Jones but will be glad to talk to him if he wants information that I have that might be correct.

Mayor Licitra: I can say knowing Mr. Perkins and Mr. Jones, I could tell you that Mr. Perkins has had no conversation with Mr. Jones either.

President Guenther: I have none.

Mr. Spino: Do you move we adjourn?

Mr. Rattner: What about Council Comments?

Mrs. Miller: I'll second.

President Guenther: Before we do Mr. Greenbaum has another comment.

Mr. Greenbaum: I just wondered if there was going to be any discussion on our sub-committee meeting related to litigation.

Mayor Licitra: Yes. John Dorsey left but we could handle it.

President Guenther: Can I just call an executive session on litigation?

Mr. King: Yes, that the litigation is going to be discussed in closed session and when you come out there is going to be no further action.

President Guenther: There is one particular pending piece of litigation and no business will be transacted after that we will go directly to adjournment.

Mr. Rattner: Mr. President, we did not do final Council Comments.

President Guenther: That's what you were doing.

Mr. Rattner: It was the Public Portion.

Mrs. Miller: No we just went through Council Comments.

President Guenther: Looks like another one that goes to sleep after 10:00.

Mrs. Spino: There is a motion on the floor to adjourn Mr. Chairman.

Mrs. Lashway: To go into executive session.

Mr. Spino made a motion to go into executive session at 10:25 pm for reasons of litigation, Mrs. Miller seconded the motion. The Public Meeting immediately reconvened and adjourned at 10:29 pm

______________________________
BERNHARD D. GUENTHER
Council President

I, LISA M LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on March 25, 2003


_____________________
LISA M. LASHWAY
Mount Olive Township Clerk

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