Mt. Olive Township Council Minutes
July 15, 2003

PLEDGE OF ALLEGIANCE

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

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

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

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

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

ALSO PRESENT: Mayor Paul Licitra; Cynthia Spencer, Business Administrator; Sherry Jenkins, CFO; Lisa Lashway, Township Clerk; John Dorsey, Township Attorney, Gary Higgins, Township Auditor.

PUBLIC COMMENT PERIOD

ADMINISTRATIVE MATTERS

Award of scholarship to Jason Furbert from the Finance Office

Sherry Jenkins: This is our second year actually that we are doing this scholarship award. We got a number of applications in and we are very pleased and proud that Jason applied and we are just really impressed with the application that he wrote. I was going to read it but I don’t want to embarrass him. He embodies a lot of great qualities and has really accomplished a lot and we are just very happy to be able to award him this scholarship and we wish you the best of luck. Unfortunately, by partner in crime, Jack Marchione, his anniversary is tonight so he is not able to be here. I will actually read the resolution.

WHEREAS the Mayor and Township Council Adopted a Resolution adopting the creation of a Finance Department Scholarship award on behalf of the Township and;

WHEREAS the Finance Department has received scholarship applications and formed a committed to review said applications and make a determination for award and;

WHEREAS the scholarship committee has unanimously agreed to nominate Jason Furbert for the Department’s second scholarship award based upon his educational achievements and his extensive involvement in various organizations that reflect a true sense of his leadership abilities and his desire to set forth an example of the best of our youth.

NOW THEREFORE BE IT RESOLVED that the Finance Department is pleased to present Jason Furbert with the second scholarship award and wishes success in his future endeavors.

Mayor Licitra: This award is given by Ms. Jenkins and her committee who puts the money in herself. It started last year, it is something that she has given back to the Township from herself and we appreciate it very much. Jason, we are very proud of you for sure. Jason took his first lesson in Finance because I asked him what college he is going to. He is going to Rutgers, which is an excellent college. And after putting three children through college, it is very affordable considering the other ones. So we are very proud of you for staying in New Jersey.

Jason Furbert: I would like to thank my parents. Without them I would not be as knowledgeable and as dedicated as I am today and this is just the beginning. Thank you very much.

Pee Wee Ice Hockey Team

Mayor Licitra: We have made a tradition of honoring not only a lot of our groups, but especially some groups in our Township that were lucky enough and worked hard enough and have shown a winning spirit and won a
Mayor Licitra (cont’d): championship. The holistic approach is that everybody compete and everybody compete well. We are competing a lot more. I think our high school team has shown the way to a lot of our other organizations in town and we are doing this gladfully more and more. Winners breed other winners. I think we are seeing it more and more as we see the certificates we give out. But it is our pleasure to honor the 2002-2003 Pee Wee Division Playoff Champions. I am going to bring your head coach up without embarrassing Bob Ashley because I knew him when he was much younger than you were believe it or not. And he used to play hockey in front of his grandfather’s store over on Hillside Ave. There was always a Hockey Game going over there. No matter what time of day and night. Why should I embarrass you Scott, come on up and introduce your team and what a great job you did.

Coach Bob Ashley: Thanks to the Township of Mount Olive for having us up tonight. I appreciate it. You might get used to seeing these guys’ faces around, they are a talented group of Hockey Players and they are going to be good for years to come. They represented Mount Olive very well. At time Ice Hockey could be a tough sport to keep your temper about you, but these boys all did an excellent job at that and they are just a good group of kids. I am not going to sit up here and talk all night, so we could all get home and watch the Devils Game.

Assistant Coach Buddy Shakespeare Assistant Coach John Alexander Stephen Harrison
Anthony Verrone Doug Taylor Kyle Shakespeare
Timothy Cuserove Austin Knox Johnny Persisto
William Harrison Stephen Harrs Timmy Geiger
Alex Frankel Eric Doltz Chris Dempsy
Anthony Bruno Brian Velocca Daniel Alexander

Mayor Licitra: I look at the kids, but I also look at the coaches, I have always said, no matter how many years, and I have been in the town 31 years, there is a special place in heaven for hockey coaches and hockey players because the times that you have to be out at night, the running around, the equipment you have to buy; that isn’t always reimbursed by the Township. It takes a special person to be not only a hockey player, but a coach and also a hockey parent, so I am sure the young people over here and the entire Council will join me when I say, thank you very much to all the parents and hockey players for helping us. God Bless You. I do have one special award. There are people in the Township that set themselves head and shoulders above other people for their dedication and that is what Mount Olive is all about. I think Mount Olive is about our Volunteers. As I said many times, Volunteer, whether they be at the firehouse or the first aid squad or on the field, they are the lifeblood. They are what makes Mount Olive work well. When you find somebody that puts in a couple of years, that’s one thing. I look at Buddy Shakespeare out in the audience, as a former president of a league, I know what it is to give up your life for three full months out of the year, because that is all you do with your life and your family and everything revolves around your commitment to the league. Your yard is not the nicest, a meal is something that McDonald creates, but when somebody puts 30 years in anything, that’s dedication; that is a special persona and we would like to honor them.
I have a proclamation honoring Bob Peters.

Mayor Licitra: Whereas, Bob Peters has decided to retired after 30 years of coaching Mount Olive youth; and Whereas, Bob Peters has had a long history in Mount Olive Township and the Recreation Leagues; and Whereas, through the years, Bob has coached the midget, varsity and pee-wee divisions of the Mount Olive Youth Hockey League as well as the Mount Olive High School Ice Hockey Team from 1983 through 1996; and
Whereas, under Bob’s leadership the high school team won every championship in the Colonial Division; and
Whereas, Mount Olive wishes to recognize and thank Bob for his years of service to our youth.
Nw, Therefore Be It Resolved, that on behalf of the Township of Mount Olive, I, Mayor Paul R. Licitra, do hereby proclaim Wednesday, May 28, 2003 as Bob Peters Day in the Township of Mount Olive and extend my personal well wishes for a healthy and happy retirement.

Mrs. Miller: Bob, I would like to say a special thanks to you because my son was one of your hockey players. He started out as a water boy, he couldn’t skate at all and you allowed him to follow the team around and you allowed him to practice. He learned to skate, and he was your team captain in 1988. I was so proud of him because you allowed him to continue. He went on in the army and played hockey when he was in Korea, they were forming a Korean Hockey Team and he got to play with them and he played hockey in Seattle when he was in the army and I just really have fond memories of all those Hockey games and driving at 3:00 in the morning and dropping them off and picking them up at six before I went for my bus runs. So I know what you went through and I saw what you did for my son, and if you did half that much for anyone else in the Community you are worth your weight in gold.

Bob Peters: Thank you very much. I have fun doing it, and that’s why I keep doing it.

President Guenther: Okay, there has been a slight change in the agenda, we are going to move up the Public Hearing and resolution to adopt it, the 2003 Budget before old business as well as the 2003 Solid Waste District Collection Budget.
LEGAL MATTERS

1. Public Hearing & Resolution to Adopt 2003 Budget

Gary Higgins, Township Auditor: Good evening everyone. As Trenton requires, we scheduled a Public Hearing this evening on the 2003 Municipal Budget. We have been given clearance by the Division of Local Government to adopt the budget after the public hearing if you wish to or you always have the choice of amending. I believe that the Governing Body has indicated that they would like to go forth and adopt the Budget as is, unless something dramatic happens at the Public Hearing. So it would be appropriate at this time to have the Public Hearing on the Current Fund Budget.

President Guenther opened the Hearing to the Public.

Bob Elms, Budd Lake: I understand we are supposed to have the same tax rate this year, and in order to achieve that we have moved $3 million out of surplus and we got another half a million or thereabouts in additional tax ratables income. Can anybody tell me where that $3.5 million is being spent because the departments where all asked to decrease their budgets as were the Rescue and Fire Departments?

Mr. Higgins: The Budget in 2002 had $2,559,000.00 in surplus funds anticipated as a revenue to balance the budget. So the only additional amount you would be speaking about is the difference between the $3,361,000.00 anticipated as a revenue in 2003 compared to 2002, because we just have to fill the same Revenue void from the prior year. So there is not an additional $3.5 million in money in this budget based upon the surplus balance anticipated as revenue.

Mr. Elms: The original budget had something like $3.6 or $3.9 million in surplus.

Mr. Higgins: The budget as presented this evening is the original budget as introduced by the Governing Body and it is $3,361,000.00.

Ms. Jenkins: The ending surplus balance was almost $4,000,000.

Mr. Higgins: But we are not using that entire surplus.

Mr. Elms: But we are using $3 million plus on it.

Mr. Higgins: Right.

Mr. Elms: And we also got an additional $450,000 in additional income from the increased rateables in town.

Ms. Jenkins: It was about $425,000.

Mr. Higgins: That’s being utilized to stabilize the rate. There are some increases in the budget, is that what you are looking at to find, what went up?

Mr. Elms: Where are we spending that $3 million plus?

Mr. Higgins: We also have some revenue decreases too. You have to realize if you increase the surplus, which is an additional revenue, it could be the combination of appropriation increases, plus other revenue decreases.

Ms. Jenkins: I could tell you that just debt service alone went up $600,000. That is the largest increase.

Mr. Elms: That’s because we are spending more money in bonds and whatever?

Ms. Jenkins: Well, we went out to bond last year so we have our first principle payment this year on that. So the largest increase is coming from that line.

Mr. Higgins: Just as a side note to what I said, delinquent tax revenue is down by $60,000, so that delinquent tax revenue decreases is offset by additional surplus appropriated. So there are plusses and minuses on both sides of the revenue and appropriation ledger which equate to the increase in surplus utilization.

Mr. Elms: But when we have an increase in tax ratables of $77 million, we should hopefully be seeing some kind of a tax decrease.
Ms. Jenkins: $77 million equate to a little over $400,000 and that basically covered a good portion of the negotiated salary increases that we had for this year.

Mr. Elms: We also let some people go this year? No?

Ms. Jenkins: Part timers.

President Guenther: Any further comments from the public? Seeing none, I’ll close the public hearing.

BE IT RESOLVED by the Governing Body of the Township of Mount Olive in the County of Morris that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations and authorization in the amount of $10,870,956.00 for Municipal Tax purposes. Total revenues will equate to $19,459,305.00. Total appropriations equate to $19,459,305.00 .It is hereby certified that the within budget is a true copy of the budget finally adopted by resolution of the governing body on the 27th day of May 2003. It is further certified that each item of revenue and appropriation is set forth in the same amount and by the same title as appeared in the 2003 approved budget and all amendments thereto, if any, which have been previously approved by the Director of the Division of Local Government Services.

Mr. Spino moved the adoption of the budget as stated. Mrs. Miller seconded the motion.

President Guenther: Council Comments?

ROLL CALL: Passed Unanimously.

2. Resolution to Adopt 2003 Solid Waste District Collection Budget

President Guenther opened the public hearing on Resolution to Adopt 2003 Solid Waste District Collection Budget. Seeing none, Mr. Higgins would you please read this into the record?

Mr. Higgins: The same instance as the regular budget, we have been given approval by the Division of Local Government also to adopt this. BE IT RESOLVED that the Governing Body of the Township of Mount Olive, County of Morris that the Budget hereinbefore set forth is hereby adopted and should constitute an appropriation for the purposes stated of the sums therein set forth as appropriations and authorization in the amount of $1,139,000.00 for amount to be raised by taxation for Solid Waste Collection District. Total revenues will equate to $2,279,465.00. Total appropriations equate to $2,279,465.00. It is hereby certified that the within budget is a true copy of the budget finally adopted by resolution of the Governing Body on the 27th day of May 2003. It is further certified that each item of revenue and appropriation is set forth in the same amount and by the same title as appeared in the 2003 approved budget and all amendments thereto, if any, which have been previously approved by the Director of the Division of Local Government Services.

Mr. Spino moved that the budget be approved as stated by the Township Auditor. Mrs. Miller seconded the motion.

ROLL CALL: Passed Unanimously.

President Guenther: We are also going to open the Ordinance #24-2003 for public hearing.

ORDINANCES FOR PUBLIC HEARING

Ord.#24-2003 Bond Ordinance Providing for Various Capital Improvements of the Township of Mount Olive,
in the County of Morris, New Jersey, Appropriating the Aggregate Amount of $1,968,418
Therefor and Authorizing the Issuance of $1,870,000 Bonds or Notes of the Township to Finance
Part of the Cost Thereof.

President Guenther opened the public hearing on Ord. #24-2003.

President Guenther closed the public hearing on Ord. #24-2003.

Mr. Scapicchio moved for adoption and final passage of Ord. #24-2003, Mr. Perkins seconded the motion.

President Guenther: Council discussion? Seeing none.

ROLL CALL: Passed Unanimously.
President Guenther declared Ordinance #24-2003 as passed on second reading and hereby directed the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law.

President Guenther: We’ll go back to the regular order of things. The next agenda item is old business.

OLD BUSINESS

Turkey Brook Park Project Status

Mrs. Spencer: Consolidated Building Corporation; the masonry walls have been put up on both buildings. When it was realized that a small retaining wall was needed by the soccer restroom, we were able to use the existing leftover block from other retaining walls on the grounds, and CBC constructed the necessary structure. The wood framing for the baseball tower has been started. By end of this week expected masonry for the baseball tower to be completed with the exception of the chase walls. However all exterior walls should be up. By end of week, the soccer building will be water tight. By end of next week, all exterior carpentry on the soccer building should be completed. Roofing shingles have been dropped off to the site and the roofing will begin at the end of next week. The rain over the last week has caused some delays, but the builder says they will work Saturdays to try to make up the lost time. In terms of Kyle Conti Construction, they finished laying the sod on the sand-based soccer field last Wednesday, but due to the original dryness followed by numerous days of rain, it is uncertain as to the success of establishing the fully laid field. There may be portions that will need to be replaced and Jim and his staff will stay on top of it. In terms of the wells, power has been provided to both wells and the Static Water Tests, to be run by Sentry Pumps, will be conducted June 2nd and 3rd. The Barn Refurbishing, in-house work on the barn repair has been continuing on the replacement stone masonry, 90% is now completed, but due to the rain, work has been delayed. Next week we hope to have the roofing quotes for consideration by Council. One final item, I believe at the last meeting Mr. Rattner brought to the Council the issue of a request to fund $25,000 to cover the water, sewer and electric utilities running to the two concession stands and he represented to me that Council agreed that if in fact there was money in the Turkey Brook account that you would be in favor of allowing Consolidated Building to go ahead with that. Sherry has completed the review of the account. We looked at it, there is currently $114,868.00 of fee balance in the ordinances collectively. We have been able to get Consolidated to bring down their price quotes from $33,000 and so we are looking for $25,000 to cover those utilities.

President Guenther: Did you finally have that meeting with Steve?

Mrs. Spencer: Yes we did, last Tuesday.

President Guenther: And all the issues were resolved?

Mrs. Spencer: Yes there were.

President Guenther: This is the result of it?

Mrs. Spencer: Yes.

President Guenther: I just wanted to add to that, today we had a visit from the Morris County Heritage Commission to not only the Seward Mansion, but also the Baptist Church property and we are going to go back with a recommendation. I guess there is a presentation we have to make to them to get money to at least do the architectural study and see where we go from there with the Seward Mansion. So we are making progress and hopefully getting some money from the County to help restore that building.

Old Municipal Building

President Guenther: I guess we are really waiting for Joe Di Maria in August, correct?

Mrs. Spencer: Correct.

NEW BUSINESS

President Guenther: Questions on Bill List?

LEGAL MATTERS

Mr. Dorsey: I think some of you will recall, about two weeks ago we discussed the Paragano project and there was some discussion, I understand it was somewhat confusing as to whether or not Paragano was going to be required to provide in accordance with COAH regulations, it appears that if that was a question at the time of resolution when it was adopted, it appears that they are not going to provide those and in lieu thereof are paying about $100,000 under the mandatory development ordinance fee. So there will not be any beds there controlled by COAH, I don’t believe COAH controls assisted living beds. So they are simply $100,000 under the mandatory development fee.

President Guenther: Is there some mechanism for control regarding the rates that they charge, because there is some State Financing involved in the project?

Mr. Dorsey: But I don’t believe the State Financing is requiring them to provide any COAH regulated units.

President Guenther: But I thought there was some sort of ceiling on the prices that they can charge because of the low cost loan that they receive.

Mr. Dorsey: That’s something else. I don’t know who’s department that is but somebody is going to have to contact him and see exactly what his rates are going to be. I understand from Russ Brown, he is about 2 weeks away from getting his final CO. Maybe Lisa could write and ask what their rate schedule is going to be.

President Guenther: Cindy, could you have the Planning Department check on their approvals. I seem to faintly remember something along these lines when they came in front of the Board of Adjustment many years ago, as to what the conditions of the approvals were, that there were any provisions in there at all as to the range of rents we were going to charge if the State had any say in that at all because the financing that they receive from the State.

Mrs. Spencer: I will check.

President Guenther: Okay, thank you. So I think that is the question that came up, what kind of rates we were charging and if it was really affordable to residents in Mount Olive. Any comments from Council on any items of correspondence? Seeing none.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

February 25, 2003 Present: Mr. Rattner, Mrs. Miller, Mr. Perkins, Mr. Spino, Mr. Greenbaum, Mr. Scapicchio, President Guenther
Absent: None

May 13, 2003 CS Present: Mr. Guenther, Mr. Perkins, Mr. Rattner (First session only of three), Mrs. Miller, Mr. Greenbaum, Mr. Scapicchio
Absent: Mr. Spino, Mr. Rattner (left at 9:25)

May 20, 2003 CS Present: Mr. Guenther, Mr. Perkins, Mr. Rattner, Mrs. Miller, Mr. Greenbaum, Mr. Scapicchio, Mr. Spino.
Absent: None

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

ROLL CALL: Passed Unanimously with the exception of Mr. Spino, abstained on May 13th and
May 20, 2003.

CORRESPONDENCE

Letters from Residents

1. E-mail received May 21, 2003, from Charlene Miller regarding road hazard.

Council on Affordable Housing (COAH)

2. Monthly newsletter received May 12, 2003, from the Council on Affordable Housing.

League of Municipalities

3. Email received May 12, 2003 from the League of Municipalities regarding Cap Relief for Assembly Vote.

4. Email received May 15, 2003 from the League of Municipalities regarding State Budget Issues.

5. Email received May 16, 2003 from the League of Municipalities regarding Cap Relief (S-906).

6. Legislative Bulletin received May 22, 2003, from New Jersey State League of Municipalities regarding Bills that were enacted as Public Laws of 2003.

7. E-mail received May 22, 2003, from New Jersey State League of Municipalities regarding Property Tax Convention.

DOT/DEP/Permit’s/LOI’s

8. Letter received May 16, 2003 from the New Jersey Department of Environmental Protection regarding a Site Investigation Report for Budd Lake Tire.

9. Letter received May 19, 2003, from the State of New Jersey, Department of Environmental Protection regarding “Construction Only” Permit for Applied Water Management, Inc.Location of Activity: at the East Of Route 46 and South of Gold Mine Road.

10. Letter received May 21, 2003, from the State of New Jersey, Department of Environmental Protection regarding Draft Surface Water Major Mod Permit Action.

Correspondence from Organizations / Committees / Boards

11. Letter received May 12, 2003 from the Alliance for Action Inc. regarding the 2002 Annual Report.

12. Letter received regarding a class to be held Friday June 6, 2003. “State vs. Local Development: The Ongoing Struggle for Control”.

13. Notice received May 19, 2003, from the County of Morris, Department of Planning and Development regarding June 12th Public Hearing.

14. Minutes received May 20, 2003, from the Morris County Planning Board regarding the March 20, 2003 meeting.

15. Letter received May 23, 2003, from the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control regarding Request for Special Ruling to Permit Renewal of Inactive License 2003-2004 term Lic. No. 1427-33-019-004.

MSA/MUA

16. Minutes received May 16, 2003 from the regular Musconetcong Sewage Authority meeting which took place on April 2, 2003.

17. MSA Audit received May 19, 2003, from the Musconetcong Sewerage Authority regarding Audit for 2002.

TORT CLAIMS

18. Tort Claim received May 9, 2003 from Attorney Richard Gutman regarding an Order to Show Cause under the Open Public Records Act. (“OPRA”).

President Guenther stated there were 18 items of correspondence on the Agenda and asked if Council had any comments on same? Seeing none.

ORDINANCES FOR FIRST READING

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

President Guenther: Is there anybody who wishes to take talk about any of the following resolutions separately?

Mr. Dorsey: I just want to point out that the Toll Brothers Developer’s Agreements have gone through a whole series of revisions thanks to Mrs. Miller, I got the right language in there in connection with the Wetland remediation and more thanks indeed to Mr. Perkins who brought a new policy in connection with the water. It appears now that the Township will collect rents from day 1 in terms of the new customers, and it would appear that Toll Brothers has accepted that revision in our policy in this connection with the water. Now after we adopt the resolutions, Lisa will advise them that the resolutions have been adopted. The actual agreements do not get executed until they submit a whole series of documents required by the resolution. But they are now in the works and once they are approved, the process will continue.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developer’s Agreement Between the Township and Toll Brothers, LLC Morris Hunt Phase I.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developer’s Agreement Between the Township and Toll Brothers, LLC Morris Hunt Phase II.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developer’s Agreement Between the Township and Toll Brothers, LLC Morris Hunt Phase III.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing a Dedication by Rider for Donations for Character Education.

7. Resolution of the Township of Mount Olive Authorizing the Use of Various Purchasing Contracts.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developer’s Agreement Between the Township and Les Smith & Ben Dellamo. (Callaremi site)

MOTION TO APPROVE CONSENT RESOLUTIONS AGENDA

Mr. Spino moved Resolutions 3 through 8, Mrs. Miller seconded the motion.

PUBLIC PORTION ON CONSENT RESOLUTIONS – none

President Guenther: Any comments from the public?

ROLL CALL: Passed Unanimously.

RESOLUTIONS NON CONSENT

9. Resolution of the Township Council of the Township of Mount Olive Authorizing a Change Order for Turkey Brook Park in the Amount of $10,783.00 and the Deduction of $65,000 from the Contract for the Purchase of Athletic Field Items.

Mr. Perkins moved for approval of Non-Consent Resolution Number 9. Mr. Spino seconded the motion.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS - none

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

Mr. Scapicchio: Bernie, someone was going to look into whether or not a $65,000 allowance for the purchase of athletic field items was inclusive of profit and overhead, or that was strictly an allowance based on a net cost to the contactor. We had that discussion when this came up at workshop.

President Guenther: I’m not sure who was going to look into that, maybe Jim Lynch?
Mr. Lynch: Mr. Scapicchio, I apologize, I do not have that information with me tonight.

Mr. Scapicchio: Jim, is there a problem if we take that off this week until we get that information?

Mrs. Spencer: It is really a matter of timing in terms of placing the order and getting it in. The best is that Jim and his recreation staff have done all of the research and have identified all of the articles that need to be purchased. This is just a guarantee that we get to use every penny of the $65,000 for the purchase of the apparatus that is needed. We have already identified it and we were just going to hand over the spec books and everything else to Conte.

Mr. Scapicchio: I understand that. My issue was that there is a percentage dedicated to profit and overhead that is outside of the $65,000. If we are taking the responsibility away from him, I think he should be giving us…

Mrs. Spencer: I do not believe that is true.

Mr. Lynch: I will get you the answer Mr. Scapicchio. I am sorry.

Mr. Scapicchio: Somebody needs to find the paragraph in the contract that may or may not specify that.

Mr. Lynch: I will find out, I am sorry I did not have it for you this week.

Mrs. Spencer: He actually indicated to us that it was within the $65,000.

President Guenther: Are we agreed to withdraw this, to take this off for a vote tonight? Are we agreed?

Mrs. Lashway: The next meeting is June 17, 2003.

Mr. Scapicchio: I’ll move forward with it if they are telling me time is of the essence.

Mrs. Lashway: Well you can make a motion to approve contingent on…

Mr. Dorsey: Lisa has it right, why don’t we approve the resolution subject to verification to the Council President from Jim Lynch that the $65,000 was a specific dollar allotment in the contract.

Mr. Scapicchio: I’m satisfied with that.

Mr. Spino moved the amendment to the resolution to include the Statement by Mr. Dorsey; Mr. Perkins seconded the motion.

President Guenther: We will now move the resolution as amended, meaning we will pass this contingent upon the Buildings and Grounds Department providing the information as to the $65,000 as heretofore detailed by our Counsel.

ROLL CALL: Passed Unanimously.

MOTIONS

1. Bill List

Mr. Scapicchio made a motion to approve the Bill List as presented this evening. Mrs. Miller seconded the motion.

President Guenther: Any comments? Seeing none.

ROLL CALL: Passed Unanimously.

2. Approval of Raffle Application #1081 for the North Jersey Street Rod Charity Group.

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

President Guenther: Any discussion? Seeing none.

ROLL CALL: Passed Unanimously.

COUNCIL REPORTS

Recreation Report

Mr. Guenther: There is no report, although we did have a meeting with the Superintendent of Schools, the Principal of the High School and the video department to investigate again the possibility again of doing the video taping of the Mayor’s program in-house. It was emphasized to us both by the head of the video department and the Principal that it’s really impractical at this time for various reasons. I was there when she personally stated that the price we are actually getting from Excalibur Productions is an extremely excellent price. The program is three years old, they have I think five basic classes and two advanced classes. She felt only the one advanced class, that the students in that would be qualified to do it, and even then it would require a lot of input from her. The main problem they have from year to year is the number of students participating in the courses can fluctuate wildly. For example in that advanced course, one year they could have six people in there and the next year they could have two. If we are dependent on them to this, they could not possibly do it. Plus they really don’t have the equipment that is being used by the professionals, not only in the studio, but out on site, so we agree to revisit it in time as the program progresses, that they are hoping obviously that there will be more interest generated in the program and that there will be more classes with a larger number of students, especially the advanced students. Then maybe we could look at it again as a possibility of something down the road, once their programming school is advanced. I felt we gave it a thorough review and it is just not practical to do at this time.

Board of Health Report

Mr. Perkins: There was not meeting this past month, we have a meeting coming up next week.

Planning Board Report

Mr. Greenbaum not present for report.

Open Space Committee Report

Mrs. Miller: No report.

Legislative Committee Report

Mr. Spino: No report.

Pride Committee Report

Mr. Perkins: Nothing really to report at this time. The Parade got rained out which is mostly what the Pride Committee was working on. The awards will still be made to the High School and Middle School participants that were the winners for the “What Memorial Day Means to Me Essay.” They will still be getting their savings bonds and their certificates and everything else will be held off again until next year.

President Guenther: Okay, thank you Mr. Perkins.

Master Plan Committee Report

Mr. Scapicchio: The only thing to report is that the Master Plan Committee is going to hold another meeting, I believe June 11, 2003, to discuss the Cluster Ordinance and the amendment or changes to that. Then I believe that once that is done, that plan amendment will go to the Planning Board and from the Planning Board it will come to the Governing Body for adoption.

Mr. Dorsey: The Master Plan is actually adopted by the Planning Board. It then becomes your work plan from which you will adopt zoning ordinances so that all property is zoned presumably in compliance with the Master Plan.

Mr. Guenther: Dave a question came up tonight when we were touring these two sites with the Heritage Commission from the County, is there a historical element at all to the new Master Plan, any historic districts or any provisions for historic preservation?

Mr. Scapicchio: I believe there is, do you know of any of the specifics Earl?

Mr. Spino: There is an historical element in there, we don’t have a true historic district where the Historic Society or some organization like that has jurisdiction over what goes on, but there are historic sections in town. They are identified but there is no historical power what would oversee that.

President Guenther: Well I understand that to be able to have that kind of jurisdiction, you needed a Town Historian. Okay, thank you.

Library Report/Construction Project

Mr. Scapicchio: We have the library Board of Trustee Representatives here, we have Gerry Sheard, the Library Board President. As Council is aware, several weeks ago, we passed a resolution on the recommendation of our professionals. There was significant discussion at the Library Board Meeting last week. There are several issues that Gerry would like to address to the Council relative to that resolution. With that, I will pass that on to Gerry.

Gerry Sheard, Library Board President: To start off, the Library Board had requested a committee meeting, not for the full Council and this was only a draft that we had put down, I have not gotten all the remarks back from the Board Members. I do have a copy of the draft. I will pass that to the Council Members, but it is only a draft, it is not a final report. We are still doing some homework on it, including with the State because we found out there are also some other problems involved with the State. But the reason I asked to be put on the Agenda like I mentioned at the meeting, is to give you a periodic update on what is going on. The action is going. If anybody has looked at it, we have broken ground. We have had temporary water and sewer work done. Electric is being done. We put the track in for the tires which we hope is okay which is one of our big concerns because we don’t want to put mud out onto the driveway. The fence is being installed, the site is being cleaned up. Tree removal, we did remove some trees, we put them aside for Mr. Lynch to pick up whenever he can. I believe it is because he did not have time to get to them in sufficient time for us to do the land clearing. We are stripping off the top soil and piling that up so that we can keep that. Permits are under review right now. Some of them have already been brought in, but the building footprint has been staked out. Coming up, we will be starting the basement excavation, the ball of soil, for the basement, the rough grading for the building site and the layout of the storm sewers. Construction fencing should be going in, you should see that coming in anytime now. A gate will be put up across for security. The Police will have a key to that gate. The relocation of the existing electrical poles, I am not sure where we exactly stand on that, but it will be done within the next couple of weeks. So that is where we stand, it is going pretty good. We have construction meetings approximately every two weeks. The next one will be in June.

Mr. Dorsey: Rita and I worked fairly closely in getting the contract awarded. Blackstone did give us what we needed, a revision in their payment performance bonds. But I wrote them a letter asking for some changes in their certificate of insurance. Did they ever get back to you on that Rita?

Rita Hilbert: No in fact at the construction meeting they said that they would address it directly to me.

Mr. Dorsey: Okay, we are still waiting for that because the thing that I was particularly interested in was that their insurance policies showing the Township and its officials also as insured parties because they are supposed to do that under the bid specs.

Mr. Sheard: Just a paper thing that they have to do as a named insured on the policy and we have not heard back, that’s why it hadn’t been signed yet.

Mr. Dorsey: Before you pay the first voucher, make sure you get that.

Mr. Sheard: Right, that will be done. I thank you for the comments you made on the contract that we sent to you at the review. Other than that, that is where we stand right now, as I said as far as the other comments, I do have a copy of the draft if you want to pass it out. We have our building committee meeting with several members of both groups to discuss some of the things that are coming up. We have two big things coming up, and again, I wish someone from the School Board was here. We have the concert on the lawn coming up June 1st, this coming Sunday. The music is by the kids from the school system. It is open to the public. Then of course we do help them get their exams through so we have “cram the exam” coming up June 16th and 17th after the library hours. So the kids from High School and Junior High come over and start cramming for the exam. Any questions?

Mr. Scapicchio: Two things. First, when are we going to set up one of those committee meetings, there are some issues that need to be addressed sooner rather than later. I raised that because there was a lengthy discussion at the Library Board meeting and I know that you folks were really concerned.

Mr. Sheard: We’ll we are still getting information from the State too on that.
Mr. Scapicchio: There were some issues that you wanted to address last week but you were out of Town so we scheduled it for tonight. We originally thought that it was something we could discuss in executive session. Mr. Dorsey determined that it wasn’t.

Mr. Sheard: That’s why we wanted the committee to do it first so we know where we are going, I’ll get back to you on that and we will set it up.

Mr. Scapicchio: The other issue was that Sherry and Gary did some research and I don’t know if they want to address that tonight or they want to be part of that committee meeting.

Mr. Dorsey: It would be best if they were part of the committee meeting. I think we should get Gerry’s report in final form and then we’ll respond.

Mr. Scapicchio: Fine.

PUBLIC PORTION

Bob Elms, Budd Lake: I have a number of items. At the last workshop meeting Rob Greenbaum asked about that $100.00 fee for the concessions for Turkey Brook Park opening. I asked to have the minutes reviewed as to what was said the previous time.

Mrs. Lashway: The minutes were prepared, he came in and he read them. I think he expected to be here tonight. It was a last minute thing that came up, why he wasn’t here. He did not give us any comment. He asked for the minutes to be typed up and he read them.

Mr. Elms: Okay. On that one we will wait for him to show up. Rumble strips on Smithtown Road – they were put on, they were taken off and shortened and now they are gone and we are hoping that they are gone forever. Did that have anything to do with your email, Charlene?

President Guenther: Let me comment on that. It was an email from a resident that went to the Chief of Police and we all got a copy of it and we were all very stunned by the fact that this was done without the knowledge of anybody, as I know it, even the Administration. I know I had an apology from the Road Department. They apologized that they did this. In the past, when the Police Department contacted them, all the proper clearances had been done but apparently they had not been done. We certainly weren’t aware of it. I think they have instituted some new procedures where this kind of thing is not going to happen again just on the say so of one person saying, Okay, we’ve got to put rumble strips in here. We’ve got to do this – that effects traffic. Notwithstanding the fact that apparently that intersection is a major problem and maybe what we should do is talk about it in detail at some session, get a report from the police as to how serious it is and consider what should be done.

Mr. Elms: Bernie, if people can’t see those enlarged stop signs, there’s nothing you are going to do to make them stop. I think, as a resident there, I’ve stopped at the stop sign and had somebody come in from Sandshore Road and take the front end off my Jeep. It is an intersection that needs attention but that kind of attention it doesn’t need because I’ve heard comments from people that this is going to shake their car apart and I went over it several times with my Explorer and I just had the front end fixed up and I don’t want any more of it. I would like some assurance that that is not going to happen again up there on Smithtown Road.

President Guenther: It won’t. That’s all I can say. I think, Cindy, what I would like to do at the next workshop is review what Tim just mentioned to me in passing that apparently some procedures are in place that this kind of thing just can’t happen. So if you would just review that for us as to what kind of procedures are in place to prevent something like this happening without the proper approvals.

Mrs. Spencer: Do you want it for the next meeting or I can just tell you right now what has been…

President Guenther: If you can tell us right now, then fine, if you have it.

Mrs. Spencer: It was discussed. Neither the Chief of Police or the head of DPW were aware that this was being done. Actually, when we got the letter from the resident, the head of DPW had already discovered it and had already called in the Road Department to have it removed. As Council President Guenther has just stated, there are definitely procedures in place that no action such as this is to be done without, if it has to do with Roads it will be both the Police and the DPW agreement between the heads of those departments with discussion. No one will just react to one other person asking them to do something.

Mr. Elms: I hesitate to suggest a four-way stop there because then people sit there and look at each other.

Mrs. Spencer: I can tell you that they are continuing to look at a way to remedy the issue.

Mr. Elms: What that intersection needs is enforcement. People come up, half of them don’t even slow down. A few tickets would probably remedy the situation. I had a question about your email, Charlene, what was that about a road hazard?

Mrs. Miller: A resident had emailed me and that was just the title that I chose to bring it to the Administration.

Mr. Elms: That had to do with the rumble strips.

Mrs. Miller: Yes.

Mr. Elms: Okay. Thank you.

Mrs. Miller: From what I understand, those were the strangest rumble strips that anyone…most rumble strips are cuts in the road so that your tires make noise but these were actually raised. They were quite dangerous. The bus drivers were very happy when they disappeared.

Mr. Elms: If you are anticipating something to slow people down, Roxbury put in speed bumps on the road connecting Berkshire Valley Road to Route 46 and they are simply low bumps that if you exceed 25 mph they certainly let you know.

President Guenther: There is a road in Parsippany, too, called Park Road that runs parallel to Route 80 where the residents complained that a lot of people cut through there and they have those and you are really forced to slow down to 20-25 mph. The problem I have with them is that they are never properly marked. There should be, for example at night, when you come upon them, if you don’t know that they are there, you can hit them and you can damage your car. There should be some kind of reflective paint at the top of it so that the lights will pick it up at night.

Mr. Elms: I don’t think the rumble strips will solve the problem at Smithtown Road because they may only distract somebody from being able to see that stop sign that is about this big.

President Guenther: Maybe a blinking light. We should probably have a very open discussion about this some time and bat some ideas around and see what we should do. Apparently it is a serious problem. Anything else?

Mr. Elms: Yes, having taken several courses to become a licensed construction official, it was brought to my attention that the Statutes require that the inspection fees that go into the construction department be used to pay the cost of the construction office and nothing else and if the fees exceed the cost of running this construction office, they should be lowered the next year to coincide with the actual cost. This has not been done for a number of years. Is there any move afoot to comply with what the Construction Code says?

President Guenther: Are we exceeding the expenses?

Mr. Dorsey: We have been challenged on that, particularly by Toys R Us, as Sonny Wolski will recall and in the first place DCA does not require that it be an absolute zero balance at the end of every year. DCA reflects the fact that some years there are droughts in terms of fees and other years there are increases. I forget what year that was, it was probably 1997. Our entire Construction Department’s finances were reviewed by DCA and found to be in proper order.

Mr. Elms: We are not keeping separate accounting.

Mr. Dorsey: It is a separate accounting. They can tell you any time you want, I assume, exactly how much money is taken in in a year and how much money is spent in that department.

Mr. Elms: You do a separate accounting for the Sanitation Department, why wouldn’t you do it for the Construction office?

Mr. Higgins: Can I respond to that, Council President? First the Solid Waste District is a separate budget that they passed tonight. It is a whole separate budget required by the Division of Local Government Services. With regard to the Uniform Construction Code Fees, the UCC regulations conflict with the Budget Law. The Budget Law does not permit you to segregate profit from a department such as the Construction Code official. You
couldn’t do that under the law that the Budget is put together on. So there is a conflict there but they do account for them on an annual basis, like Mr. Dorsey said, a running balance of their plusses and minuses and that is reported to the State of New Jersey.
Mr. Elms: But it is not reflected in the Budget.

Mr. Higgins: It’s not, it doesn’t have to be.

Mr. Elms: Thank you.

President Guenther: Thank you Mr. Elms. Anyone else from the audience? Seeing no comments, I’ll close it to the Public and go on to final Council Comments.

Mrs. Spencer: I just wanted to remind everybody that Kathy Murphy has requested support on Thursday night. Our presentations to the County Open Space Preservation Group at the Courthouse has been moved from 9:15 pm to 7:15 pm which might make it a little more convenient. She has requested that if there are a couple of Council members who could be there, we would like to see their support. Thursday night at 7:15 pm.

President Guenther: Dave, any final comments?

Mr. Scapicchio: Just that today Lisa reminded me that Steve and his family are out of State. Steve’s daughter is having some surgery. Do we want to send them something? I don’t know how long he is going to be gone. Do we want to send something out there? I don’t think we should send flowers…

Mrs. Lashway: We’ll send flowers to Karlene.

Mr. Scapicchio: You’ll take care of that?

President Guenther: It sounds good. Charlene, any comments?

Mrs. Miller: No, none at this time.

President Guenther: Earl?

Mr. Spino: Just that it is a little after 8:30 and we are just about done. You see the pattern here reflected.

Mr. Dorsey: That is because your wife is here. She’s giving me the eye, get it done, get it done.

Mr. Perkins: I’ll make it real brief, Council President. The developer’s agreements that we looked at this evening for Toll Brothers, I want to thank Mr. Dorsey as well as Mrs. Miller for her input and some of my fellow council members whom I’ve spoken to on that. It actually serves a dual purpose. One is we pick up at least $1 million worth of assets that come to the Township. We also pick up the revenue which is a steady stream of cash that comes in and we also don’t have to pay the rental on the fire hydrants that the Board of Public Utilities has seen fit to give every investor-owned utility the right to charge at least $1 a day just for the right of a municipality to have that fire hydrant out there. They don’t plow it. They don’t dig it out. They paint it every one in awhile. So I’m also going to be aggressively seeking some of the support from Council to look at the way that we also handle sewage and it is my humble opinion that the Township should be accepting the sewer systems that are put in, the package, and keeping it as ownership of Township property and going under a three or five year lease agreement thereby we retain, at least, some revenue stream also coming in from that instead of just giving it away. Thank you.

President Guenther: Thank you. I just have one final comment. I just noticed an email that was sent out by the League of Municipalities that Earl, this involves the property tax convention. I guess they are looking for some help and support. Should we?

Mr. Spino: I haven’t looked at it yet but I would think if it is for the convention for property tax, I would like to at least sponsor a resolution or make sure we send someone.

President Guenther: They are asking for volunteers. They’ve asked the local elected volunteers to contact their own legislators and committee members and express their support for this initiative. They will also alert volunteers on any scheduled action on the Bills in the hopes that some can come to Trenton and personally demonstrate their desire for action. The problem here is this, the legislature goes to summer recess on June 30th and in order to get it on the ballot for November, it has to be acted on by August 26th so I think the idea is to light a fire to do something before they go on recess. It’s got to be done within the next month whatever we do with the legislators.

Mr. Spino: I don’t know if we can do it as a Council. I don’t believe we had support enough the last time, did we?

Mr. Scapicchio: We did not.

Mr. Spino: We can bring it up again. I suggest that we have it at our next public meeting.

President Guenther: That’s not until June 17th.

Mr. Spino: It might be too late but at least we can get them a resolution if it is possible. If we can get together four votes.

President Guenther: What are you saying, Dave? You didn’t favor it?

Mr. Scapicchio: It failed.

Mr. Spino: He didn’t support it. It went down. I would like to see it on the Agenda again.

Mr. Scapicchio: You can bring it up again and it will fail again.

President Guenther: Well, let’s see. People love higher taxes. That’s it. I’ll entertain a motion for adjournment. All if favor, none opposed the meeting was adjourned at 8:40 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 June 17, 2003


_____________________
LISA M. LASHWAY
Mount Olive Township Clerk

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