Mt. Olive Township Council Minutes
June 18, 2002

PLEDGE OF ALLEGIANCE

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

MOMENT OF REFLECTION

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

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

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

ROLL CALL: Present: Mr. Rattner, Mr. Guenther, Mr. Greenbaum, Mr. Perkins (8:50)
Mrs. Miller, Mr. Spino(8:05), President Scapicchio
Absent: None

Also in attendance: Mayor Licitra (8:30), Cynthia Spencer, Business Administrator, John Dorsey, Township Attorney, Lisa Lashway, Township Clerk.

President Scapicchio: Let the records show that the Mayor, Mr. Perkins, and Mr. Spino will be here sometime between 8:00 and 8:30 pm. We will hold our public hearing on the Municipal Budget and the resolutions until such time as they get here. We will begin the meeting this evening with the public comment period.

PUBLIC COMMENT PERIOD

President Scapicchio: Anyone from the Public wish to comment on any subject at all?

Toni Ayers, 203 Sandshore Road, Budd Lake, NJ: I heard on the radio last week that Mayor Bloomburg in New York is contemplating the recycling program because they are losing money. What is the status in our part of the woods on the recycling program. Is it paying? Do we make money?

President Scapicchio: I'm not sure we make money, I think it is more of a cost avoidance. We know as you know we now co-mingle and send those co-mingled recyclables down to the county. I think we do share in some of the proceeds on a percentage basis.

Mrs. Spencer: I believe that is correct, I don't know the figures off hand, but I know we are not losing money. We are not paying anything to do that program.

Mrs. Ayers: Good, New York is doing something wrong because they are losing money. Thank you.

President Scapicchio: Anyone else from the public?

Charlie Uhrmann, 12 Jennies Lane: I provided a packet couple of weeks ago to the Township and I was told that it was going to be addressed this evening but I did not see it on the agenda. I was wondering if you were going to address it.

President Scapicchio: Normally something like that would be addressed at a workshop. I was not aware that it was going to be on tonight's agenda.

Mrs. Uhrmann: I was told at the workshop that it was not going to be at the workshop when I had inquired and they did state that it would be addressed at this meeting. I was just at the Town Hall yesterday and they assured me that they would not discuss any issues with me however they stated that the issues would be discussed. I had first spoke with Nicole and then she had directed me to go to the Business Administration office as I did. I spoke with the secretary and then it was Mayor Licitra's secretary who very firmly assured me it would be not discussed in her office, however discussed at this meeting and I was to receive no further discussion.

Mr. Greenbaum: I know it is not on the agenda but it appears that the Administration intended to discuss this issue tonight, the residents are here, they should be heard and this issue should be addressed and taken Mr. Greenbaum(cont'd): care of tonight rather than put it off for another meeting.

President Scapicchio: We read your response to Cynthia's original comments. You did make certain allegations in there and I guess that is why the Administration has you here tonight, to sort of address Charlie's response to Cynthia's original comments. Charlie, why don't you start off with giving us an overview of the response document that you sent to us?

Mrs. Uhrmann: Certainly, I have it right here. It was composed on June 2, 2002. Basically I went in a chronological or as Mrs. Spencer had basically written and verbalized her response. I felt like therr were quite a few inconsistencies and because I had things to basically verify and substantiate my position. I went ahead and responded and I made a packet for each member and the business administration. Basically I am addressing all the allegations. Did you want me to move forward?

Mr. Greenbaum: Dave, before she goes forward. I don't want to cut you off, I am trying to get your issues resolved. Perhaps the best thing to resolve this is to have a small working committee. One Council Member, Frank, one member of the community to address the issues as they arise. That way it is not just the administration and the homeowners, it is also the Council that is involved at that point, rather than rehash everything out in public, most of which we heard already and we are not going to get action tonight, to at least have three different sides to the story to try to resolve the issues. I don't know if that is acceptable to you and acceptable to the Administration.

Mrs. Uhrmann: I think that's Kosher.

Mr. Rattner: I agree with that, but there is a second issue. First, the things that happened over the last year and a half, all we could do is find out the who what and why. However, effective about three weeks ago, we directed the construction official, we had the attorney tell us what we can do and let's hear how we are moving forward. In other words, have things improved? What has been done and hear that because I do believe there has been some actions taken and I think we should hear that part. Because we can't do what has already been done. We can identify if there were mistakes made and that we should do, but let's look to make sure that everything is done and properly going forward. Whether it be with the developer, whether it be with any internal offices. So I think that we should hear about, how things have gone since you first came to us?

Mr. Greenbaum: I agree with Steve. My biggest concern is the going forward basis, although I have a concern about what happened in the past, I want to make sure that the safety issues are addressed. What's happened in the past happened in the past and there may have been things which were done wrong which we have to address I agree with Steve

Mrs. Uhrmann: We owe you all a bit of gratitude because we are living in a totally different neighborhood. We thank you so much for it. We actually walk out now in our front yards now and see neighborhood, not a construction site.

Mr. Scapicchio: So things have actually gotten better, Charlie?

Mrs. Uhrmann: You have no idea, we have our sidewalks in place and they are beautiful. The large construction equipment has been removed from the street. The ones that were parked there for quite some, time have been removed. About three dumpsters of debris have been removed although not fully, but it is wonderful to see the ground. As far as the conduct, the Sheriff's Department has spoken I guess with all parties and thus from last week forward there has been really no complaints, everybody's behaved, and it has been nice. The neighbors are very happy. We completely gave the full credit to you all because we came to you and the skepticism within our neighborhood was great, they were like "you are wasting your time." I said I just cannot believe this. I was probably the one that probably got clobbered the worst, and should have been most skeptical, but I just believed that if I could just speak out and say something and they are all very pleased that it happened so quickly, and actually when somebody says, I'll believe it when I see it, they were really pleased.

President Scapicchio: Great. Are there any open issues that the neighborhood still feels need be ddressed?

Mrs. Uhrmann: I think probably the most frustrating issue and I think that Mt. Olive can share this alike, not just the neighborhood, is the continuing she said he claims issues about the oil tanks, I think that if I am most frustrated with anything it is that throughout this somewhat investigation of the oil tanks and the other issues my phone just does not wring. I have the information, we have the video tape, we have the reports. We have everything and I am willing as you see to share this information. However it has not happened. There were indeed three tanks. One perhaps could have been a water tank and it was indeed removed and you have a receipt. The two other tanks were clearly oil tanks. They had oil leakage. I read that the placements of these
Mrs. Uhrmann (cont'd): tanks are incorrect and then they state, well it was unearthed on 8 Jennies Lane, and that might have been a water tank, however there were two lots that were actually where they were unearthed and the tanks were dragged down the street near the river. That is where the leakage was found. That is where the leakage was found. So when we called the DEP because the tanks were so close to the river run off, we basically reported the two remaining tanks. It is all documented in the packets that I supplied for everybody. Those were the two remaining tanks. The two remaining tanks were in fact oil tanks and it frustrates me because almost immediately after calling the DEP, they had spoken to the Health Department. That afternoon the Health Department did send two people down. I watched them and I also heard them because they were right next store saying where the hell were the tanks? Where were they originally? I want to know. These two people saw the tanks. You know they were looking at the tanks. They were pointing at the tanks. They were saying "where were they." The tanks were in plain sight. Our mailman saw the tanks. It's not a she said he claims.

President Scapicchio: You mean they had already been excavated out of the ground?

Mrs. Uhrmann: They were excavated out of the ground, they sat there for days and then they were dragged down the road and it was near the river run off. I showed Mr. McGroarty exactly where the tanks were. He did infact find the grass pressed down and oil.

President Scapicchio: I noticed that in your memo. Charlie hold on a second. Frank, who from the Health Department was present that saw these two oil tanks on this property?

Frank Wilpert: Actually it was a phone call received by the DEP as an inquiry. The call had come in as an anominous complaint both Arif and Frank from the construction office went out and did an investigation. It is interesting Mrs. Uhrmann, if she heard them talking where the tanks were why didn't you come out and greet them and point it out to them?

Mrs. Uhrmann: Because they were with the Rocco's and at that point they were asking the Rocco's and I think that would have been very contentious for me to approach.

President Scapicchio: I am not quite sure that this means anything to us at this point. Were there tanks there?

Mr. Wilpert: To my knowledge, in the reports that Arif has provided and Russ they didn't see the tanks.

Mrs. Uhrmann: That is not true. I am sorry. I can't do that.

President Scapicchio: You talked to them Frank?

Mr. Wilpert: I talked to Russ and I talked to Arif, where the tanks were. The only tank that they saw was that 275 gallon water tank.

Mrs. Uhrmann: No, sir, because that was already taken away before the report was even made. The receipt for the water tank was on the 5th, the complaint was on the 16th, so they did not see.

Mr. Wilpert: You also indicated that there is a video of this action.

Mrs. Uhrmann: We have someone that took a video tape and pictures.

Mr. Wilpert: Could we set up a time and view that tape because that would be interesting to see?

President Scapicchio: I think Rob's proposal at this point is probably appropriate that we have a Council representative, someone from the Administration, and the homeowners participate to try to get to the bottom of this. Because we have you on this side telling us that there were two oil tanks excavated that were sitting on the surface, that we had two inspectors out there that saw them, yet we have the director of that department here telling us that he has a report from those two individuals who saw nothing but a single water tank. Is that correct Frank?

Mr. Wilpert: Correct.

Mrs. Uhrmann: I can show you logically that would be impossible so I think we should continue with the workshop because I am one, lets put the facts on the paper and lets see if it all makes sense. I think if I were to make a plea at all, f this was a concern for Mount Olive and the Council and Mr. Wilpert, I really truly believe that Mr. Wilpert would have called me and said I need to know this. Every time we make a
Mrs. Uhrmann (cont'd): complaint, it seems like from day one, I have to provide documents to prove and everything else because it is almost like the fact finding, they are not going to find what is truly going on but they are going to find where they can discredit me. I am a truth teller, I have no reason to lie, and the same way with the tanks. That is important to us because they came out of people's back yards. The one thing you can't dispute is, Mr. McGroarty found oil and where an oil tank lied. That totally discredits.

President Scapicchio: The report that I saw did indicate that. You had claimed these oil tanks, there was some evidence of some surface oil on the grass or the soil there?

Mrs. Uhrmann: I think when people come for help that it would be more greatly appreciated if they don't feel like they are in a corner and feel like they are having to explain themselves out of a plastic bag. It just seems to me like that is somewhat what I have been doing. If we need to have the neighborhood sign verifications and certifications that indeed they did personally witness three tanks. I will provide for the workshop. It seems like I have to be an attorney on my behalf and I don't want to do that.

President Scapicchio: We take your concerns and the neighborhood concerns seriously. Why don't you coordinate with Mrs. Spencer's office a meeting and we will make sure that a Council representative participates in that.

Mrs. Uhrmann: I would really appreciate that. I would hope that Mrs. Spencer's employees could be a little bit more citizen friendly. I was shut down so big time yesterday, that I was actually embarrassed, not for myself, but I was not treated nicely and that is all I am asking is for respect, because I will give it back. I promise.

President Scapicchio: We will try to make sure we do a better effort at that for you.

Mrs. Uhrmann: I am so pleased at the progress we have received. We thank you guys from the bottom of our heart for listening and for the results that we have received. We really do, and on behalf of our families we really do.

Mr. Greenbaum: Dave, before we move off the subject, I think we should identify the Council members so that if Charlie is having a problem with the Administration we could go right to the Council member and get to the bottom of the situation rather than lingering. Perhaps Bernie is the right person.

Mr. Guenther: I would be glad to do it.

Mrs. Uhrmann: That suits me just fine.

Mr. Greenbaum: I did not mean to volunteer you it is just that I know you have been involved in this up to date, that's all. So if you have a problem with the Administration which I expect that you won't, you get in touch with Bernie.

Mrs. Uhrmann: Thanks for listening, thanks a lot.

Mr. Greenbaum: Anyone else from the public on any subject? Seeing none we will close the first portion of the public meeting.

ADMINISTRATIVE MATTERS:

President Scapicchio: Cynthia, anything from the Administration?

Mrs. Spencer: actually the Mayor has a proclamation but he was hoping to wait until he was here at around 8:30 to read that. We do have one other issue that literally just became apparent and I would like Sherry to speak on that.

Mrs. Jenkins: I found out from a seminar I went to on Friday that we are not going to have our State Aid Certification for three or four weeks. We need that certification in order to send out the tax bills. What I want to do is send out estimated bills for taxes for third quarter so that we could get the cash in, so that we are not going to have a cash flow problem.

President Scapicchio: Can we do that?

Mrs. Jenkins: Absolutely we can do that. We need to do a resolution, as I spoke to Cindy this afternoon, we are planning on putting it on the workshop next week, I just wanted to let you know that I would like to get
Mrs. Jenkins (cont'd): moving with the process now. We have to order bills. There are a number of things we need to do. We need the resolution.

President Scapicchio: So what do you need us to do for you?

Mrs. Jenkins: We need the resolution adopted I think we just want to get some consensus from everybody that you are all in agreement that sending out the estimated bills is a good idea.

President Scapicchio: Okay, we don't have any kind of a resolution in front of us do we?

Mrs. Jenkins: No.

President Scapicchio: Peter as we go through this meeting can you put one together?

Mr. King: Yes.

Mrs. Jenkins: I have a resolution form, and we can adopt it, you know put it on workshop and adopt it the meeting after that. We just want to get started with the paper work now.

President Scapicchio: You don't need it tonight, you just want a consensus tonight?

Mrs. Jenkins: Exactly. That is what we are looking for.

President Scapicchio: Steve, do you have a problem with the way Sherry wants to move forward?

Mr. Rattner: No, but can we adopt the budget without knowing what the State Aid figures are?

Mrs. Jenkins: Yes, that is not a problem, we can do that.

Mr. Greenbaum: What is that? What happens if the State Aid number comes in lower than we expect?

Mrs. Jenkins: We have already received tentative statements from them. They are pretty comfortable that they are not going to lower it at this point. The issue is the numbers that we need for the tax bills which involve a number of other things.

Mr. Rattner: So the estimated tax for all practical purposes are the actual tax, we just have to call it an estimated.

Mrs. Jenkins: You got it.

President Scapicchio: Rob you don't have a problem?

Mr. Greenbaum: A little bit of a problem, but you know if Sherry told me that she is %100 certain that the number that we are going to be getting from the State is set in stone, then I don't have a problem. But I kind of got like a 95% answer from Sherry.

Mrs. Jenkins: Well, I can only tell you what I am told from the Division.

Mr. Greenbaum: I understand that.

Mrs. Jenkins: I don't expect that the State number is going to change. The problem is that they are not willing to put anything in writing

Mr. Guenther: Maybe I am being stupid here but what difference does it make anyway what the State Aid is? Isn't the total number still going to be the same unless we want to revise the budget again if the State Aid comes in lower.

Mrs. Jenkins: The actual amount is not the issue, for the tax bills is what happens is on the actual tax bill we are required by statute to put in the amount of aid that we received to off set property taxes. It is just a statement that goes on there whether it is $1.00 or $50.00.

Mr. Guenther: But does it put the amount in there?

Mrs. Jenkins: It does put the amount in there.

Mrs. Miller: My question is if we mail out estimated tax bills, are you going to be mailing out another and the cost of that, it is going to double the cost of mailing to the residents? When they come in to change their bills, is it going to change again? It just seems like we are duplicating everything.

Mrs. Jenkins: We will make out an estimated bill for third quarter and then we have to do a reconcile bill for the fourth quarter. But the issue is we don't in fact get the certification from the State until the beginning of August which is what they are talking about then by the time that we actually mail the bills and have to give them 25 days from the time that we mail them to pay them we are not looking at getting cash until September. At that point we actually have to go out for a tax anticipation note. So we would be incurring interest charges and everything else associated with that. So certainly the cheaper avenue is to incur the costs associated with an additional billing.

Mr. Greenbaum: That does not sound to me like there is going to be additional billing because it will just be a reconciled forth quarter bill. I have no problem sending out an estimated tax bill for the third quarter. I do have a slightly greater problem with adopting a Budget where you don't know what your numbers are ultimately going to be. Again, I got a 95% awnser, that's the best Sherry can do for me but it is still only 95% it is not 100%. I don't know exactly what the revenues are. I can guess that is going to be the number, 95% sure but I am not going to be 100% sure but as far as sending out an estimated third quarter tax bill I think we would be neglectful if we did not approve that action.

President Scapicchio: I think so too. Charlene are you okay with that?

Mrs. Miller: It seems like we are always getting backed into a corner though. And we always have deadlines to meet and if we don't meet those deadlines, then there are repercussions and it seems like we never seem to win. It is discouraging. I am sorry, I am just a little disappointed.

Mrs. Jenkins: I think I am just trying to be proactive and look at it. I don't want to get to the point where I sit here and wait and we don't have cash coming in until September. That we certainly cannot do. I think you know me well enough, I have tried to make as many phone calls as I can to see what I can do in terms of getting information about State aid and that is the best I can do at this point.

President Scapicchio: I think you have a consensus, lets go forward with the estimated third quarter. We will have I guess a resolution for the workshop and we will move on it the following Public Meeting. Any other Administrative Matters? Do we want to accept the check from the soccer club? Peter?

Peter Juran, Soccer Club: I would like to have to postpone this until we get through Ordinance 26-2002 and give you the check at the end of that.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

March 26, 2002 Present: Mr. Guenther, Mr. Greenbaum, Mrs. Miller (till 10 pm), President Scapicchio, Mr. Rattner, Mr. Perkins
Absent: Mr. Spino
May 28, 2002 CS Present: Mr. Guenther, Mr. Greenbaum, Mrs. Miller (till 10 pm), President Scapicchio, Mr. Rattner, Mr. Spino
Absent: Mr. Perkins

May 17, 2002 Present: Mr. Guenther, Mr. Spino, Mr. Ratter, Mr. Greenbaum, President Scapicchio
Absent: Mr. Perkins, Mrs. Miller

June 11, 2002 CS Present: Mr. Guenther, Mr. Perkins, Mrs. Miller (till 10:35 pm), President Scapicchio, Mr. Rattner
Absent: Mr. Greenbaum, Mr. Spino

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

ROLL CALL: Passed Unanimously with the exception of
Mr. Greenbaum abstained on June 11, 2002.
Mrs. Miller abstained on May 17, 2002.

CORRESPONDENCE


Letters From Residents

1. E-Mail received May 30, 2002 from a Resident at Carlton Hill giving a special thanks to the Mayor and Mount Olive Township Council, for banning parking on the adjacent High School streets as proving their ability to work together for the benefit of the Community.

2. E-Mail received May 31, 2002 from a Flanders resident regarding the Turkey Brook Bond Issue.

Resolutions, Ordinances, Correspondence from other Municipalities

3. Resolution received June 3, 2002 from Rockaway Township regarding the Township of Rockaway opposing Governor McGreevy's efforts to cut funding for dam restoration and rehabilitation.

4. Ordinance received May 28, 2002 from Washington Township regarding Land Use.

5. Resolution received June 12, 2002 from the Towns of Boonton regarding the request of the Governor and New Jersey Legislation permitting municipalities to increase penalties for overcrowding housing violation to $10,000.

6. Resolution received June 13, 2002 from the Township of Rockaway urging the Governor not to withdraw or reduce funds from the Emergency Medical Technician Fund.
League of Municipalities

7. Letter received May 28, 2002 from the NJ State League of Municipalities advertising added news columns in New Jersey Municipalities Magazine.

8. E-Mail received May 29, 2002 from the NJ State League of Municipalities regarding The Trenton Times Editorial on the Open Public Records Act and the FCC Rule--Cable Internet Access.

9. E-Mail received June 4, 2002 from the NJ State League of Municipalities regarding - 478/A-540, Constitutional Convention.

10. E-mail received June 5, 2002 from the NJ State League of Municipalities regarding Project Labor Agreements.

11. Invitation received June7, 2002 from the NJ State League of Municipalities to all Morris County League of Municipality members to attend a dinner and lecture regarding Current and Future Transportation Issues concerning Morris County.

12. E-mail received June 7, 2002 from the NJ State League of Municipalities regarding the attention of the following issues; Clean Community Bill, Oppose Project Labor Agreements, Oppose the revision of the Open Public Meeting Act.

13. E-mail received June11, 2002 from the NJ State League of Municipalities regarding Clean Communities update, Project Labor Agreements, and the Constitutional Convention.

14. Letter received June14, 2002 from the NJ State League of Municipalities regarding enacted bills as the Public Laws of 2002.

MSA / MUA

15. Letter received June 10, 2002 from the Musconetcong Sewage Authority regarding their Pubic Hearing and Regular Meeting.

DOT / DEP / Permit's / LOI's

16. Letter received May 30, 2002 from the New Jersey Department of Environmental Protection regarding the extension of the statewide roadside deer carcass removal contract.

17. Letter received June 3, 2002 from the New Jersey Department of Environmental Protection regarding a Proposed Amendment to the Mount Olive Wastewater Management Plan for the Development of 32 Single Family homes.


18. Letter received June 3, 2002 from the New Jersey Department of Environmental Protection regarding the Freshwater Wetlands Protection Act, activity conducted without prior approval from the Department.

19. Letter received June 3, 2002 from the New Jersey Department of Environmental Protection regarding a Letter of Interpretation/Line Verification for applicant 220 route 206, L.L.C.

20. Letter received June 3, 2002 from the New Jersey Department of Environmental Protection regarding the upper Raritan Water Quality Management Plan Amendment Pre-Application meeting follow up. Block 7000, Lot 64 [Drakestown Road].

21. Letter received June 5, 2002 from the New Jersey Department of Environmental Protection regarding Freshwater Wetlands Statewide General Permit to applicant Daniel Russo of Flanders, NJ.

Correspondence from Legislative Representatives

22. Letter received May 28, 2002 from Assemblyman Scott Garrett giving thanks to the Mount Olive Township Council for supporting Senate Bill S-694, which authorizes municipalities to impose room tax on hotels with more than one hundred rooms.

23. Letter received May 28, 2002 from Assemblyman Scott Garrett giving thanks to the Mount Olive Township Clerk for forwarding a copy of a resolution adopted on May 14, 2002 requesting that municipalities and school districts be made whole in terms of state aid.

24. Letter received May 28, 2002 from Assemblyman Scott Garrett giving thanks to the Mount Olive Township Clerk for forwarding a Copy of a resolution adopted on May 14, 2002 by the Mount Olive Township Council supporting Assembly Bill A-2110, which revises the Clean Communities Program and makes available recycling grants to Counties and Municipalities.

25. E-mail received June 7, 2002 from Congressman Frelinghuysen regarding local updates in Morris County Towns.

26. Letter received June 11, 2002 from Congressman Frelinghuysen giving thanks for forwarding a copy of the Resolution adopted by the Mount Olive Township Council endorsing H.R 3831.

27. E-mail received June 13, 2002 from Congressman Frelinghuysen regarding local updates in Morris County Towns.
Correspondence from Organizations / Committees / Boards

28. Letter received May 28, 2002 from Schoor DePalma regarding change order No. 1 Turkey Brook Park.

29. Letter received May 31, 2002 from the Housing Committee of the Morris County Human Relations Commission regarding Fair Housing Law Workshop on Wednesday June 26, 2002 at the Frelinghuysen Arboretum.

30. Letter received June 13, 2002 from the Warren County Regional Chamber of Commerce regarding support for an alternative to the Administration's Corporate Business Tax Bill.

Notices

31. Letter received June 13, 2002 from John Dorsey in response to a faxed letter from W. Randall Bush, Esq. regarding Charters Farm.

Utilities/Cable

32. Letter received May 31, 2002 from Comcast advertising coverage of the New Jersey Primary Election.

33. Letter received June 3, 2002 from Comcast regarding State Senate Commerce to again consider bills opposed by the New Jersey State League of Municipalities.

34. Letter received June 7, 2002 from Comcast regarding Northwest airing coverage through the month of June.

President Scapicchio stated that we have 34 four pieces of correspondence on the agenda and asked if Council had any comments on same. Seeing none.

ORDINANCES FOR PUBLIC HEARING

Ord. #22-2002 An Ordinance of the Township of Mount Olive Authorizing a Fee of $25.00 for the Preparation of a Duplicate Tax Sale Certificate.

President Scapicchio: opened the Public Hearing Ord. #22-2002.

President Scapicchio: closed the Public Hearing on Ord. #22-2002.

Mrs. Miller moved final adoption and final passage of Ord. #22-2002. Mr. Greenbaum seconded the motion

ROLL CALL: Passed Unanimously (Mr. Spino and Mr. Perkins not present for vote)

President Scapicchio declared Ord. #22-2002 as Passed on Second Reading.

Ord. #23-2002 An Ordinance of the Township of Mount Olive Vacating All Public Rights in and to Gold Street.

President Scapicchio opened the Public Hearing Ord. #23-2002.

President Scapicchio closed the Public Hearing on Ord. #23-2002.

Mr. Guenther moved for adoption and final passage of Ord. #23-2002 and Mr. Greenbaum seconded that motion.

ROLL CALL: Passed Unanimously (Mr. Spino and Mr. Perkins not present for vote)

President Scapicchio declared Ord. # 23-2002 as passed on second reading.

Ord. #24-2002 Ordinance of the Township of Mount Olive Authorizing a Special Emergency Appropriation for Extraordinary Expenses in Connection with Supplemental Assessments - Bmed.

President Scapicchio opened the Public Hearing Ord. #24-2002.

President Scapicchio closed the Public Hearing on Ord. #24-2002.

Mr. Guenther moved for adoption and final passage of Ord. #24-2002 and Mrs. Miller seconded that motion.

President Scapicchio: Council Discussion?

Mr. Rattner: As I said I will be voting against this. This was an expense that we paid this year for an expense that was incurred last year and what this does is spread it out so that we don't put it on the books to show it as an expense until next year, then running out two years after that. To me that does not make any sense at all. It is not a delay of paying the bill, it is just a delay of booking the bill. Thank you.

President Scapicchio: Anyone else? Seeing none.

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

President Scapicchio declared Ord. # 24-2002 as passed on second reading.


Ord. #25-2002 An Ordinance of the Township of Mount Olive Authorizing the Purchase of a Conservation Easement/Development Rights Across Lot 16, Block 7100 and Lot 54, Block 5300 on the Tax Assessment Maps of the Township of Mount Olive Which Property is Commonly Referred to as the Devlin Property.

President Scapicchio opened the Public Hearing Ord. #25-2002.

President Scapicchio closed the Public Hearing on Ord. #25-2002.

Mr. Rattner moved for adoption and final passage of Ord. #25-2002 and Mrs. Miller seconded that motion.

President Scapicchio: Council Discussion? Seeing none.

ROLL CALL: Passed Unanimously (Mr. Spino and Mr. Perkins not present for vote).

President Scapicchio declared Ord. 25-2002 as passed on second reading.

President Scapicchio: We have a question with regards to Ord. #24-2002.

Mrs. Jenkins: That ordinance did not go through. We did not have enough votes to pass it. That Ordinance is what allows us to amend the budget tonight. So we have a problem.

President Scapicchio: There were three votes.

Mrs. Jenkins: I believe, Peter correct me if I am wrong, that is not enough to pass that ordinance.

President Scapicchio: So we need five. Then I have made an error. That is one of the Ordinances that I should have held until we have had our full quorum here. Peter how do we handle that, there were certain ordinances that I was to hold until Mr. Spino and Mr. Perkins who was at a graduation.

Mr. King: You made that announcement at the beginning so what we do is we have a re-vote. There as an Administrative error.

President Scapicchio: We are going to wait until Mr. Perkins gets here. We are going to go back to this. Next on the agenda is Ord #26-2002 which we will also hold until we get our seventh Council Member here, Mr. Perkins because we need him for the vote.

Ron Heymann: What time is that?

President Scapicchio: I am told that should be about 8:30.

Mr. Heymann: You are not going to have any comments on that?

President Scapicchio: Yes we are. We certainly will.

Mr. Heymann: Are you going to do it now, or wait until everybody shows up?

President Scapicchio: I am going to wait until everybody shows up because we need five votes and without Mr. Perkins we don't have the five votes. Sherry, real quick what is this Bond Ordinance, Ord. # 27-2002?

Mrs. Jenkins: We are just amending that, that's all it is.

President Scapicchio: Do we need five?

Mrs. Jenkins: Yes you do.

President Scapicchio: Okay, we have two ordinances for first reading.

Ord. #26-2002 Bond Ordinance Providing for various Improvements to Turkey Brook Park in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $1,500,000 Therefore and Authorizing the Issuance of $1,291,667 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

Ord. #27-2002 Bond Ordinance Amending Bond Ordinance Numbered #11-01 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted May 8, 2001, in Order to Amend the Description of the Project.

ORDINANCES FOR FIRST READING (2nd Reading/Public Hearing July 9, 2002)

Ord. #28-2002 An Ordinance of the Township of Mount Olive to Amend the Permitted Principle Uses as Provided for In § 400-101, A (1) Entitled "Nonresidential Districts" Within Article VII Entitled "Zoning District Use and Bulk Regulations" Contained in Chapter 400 Entitled "Land Use" (Laundromats)

Mrs. Miller moved that Ord. #28-2002 be introduced by title and passed on First Reading and that a
meeting be held on July 9, 2002, at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road,
Mt. Olive, NJ, for a public hearing, consideration of second reading and passage of said Ordinance, and
that the Clerk be directed to publish, post and make available said Ordinance in accordance with the
requirements of law and Mr. Greenbaum seconded that motion.

President Scapicchio: Council Discussion?

ROLL CALL: Passed Unanimously

Ord. #29-2002 An Ordinance of the Township of Mount Olive Decreasing Water and Sewer Rates

Mr. Greenbaum moved that Ord. #29-2002 be introduced by title and passed on First Reading and that a
meeting be held on July 9, 2002, at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road,
Mt. Olive, NJ, for a public hearing, consideration of second reading and passage of said Ordinance, and
that the Clerk be directed to publish, post and make available said Ordinance in accordance with the
requirements of law and Mr. Greenbaum seconded that motion.

President Scapicchio: Council Discussion?

Mr. Rattner: It is just going to be interesting to see if we get a big turn out at the next meeting when we have the Public Hearing for people objecting to it.

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

1. Resolution of the Township Council of the Township of Mount Olive Establishing a Special Public Meeting on Tuesday, June 25, 2002, for the Purpose of Holding a Public Hearing on the Amendments to the Municipal Budget and the Adoption of Same.

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

3. Resolution of the Township Council of the Township of Mount Olive Supporting Musconetcong River Wild & Scenic Designation and Draft Management Plan.

4. Resolution of the Township of Mount Olive Canceling a Temporary Budget Appropriation for the Payment of Prior Year Bills- Bergen HIF Assessment for $245,797.00.

5. Resolution of the Township Council of the Township of Mount Olive Appointing Cynthia Spencer as Alternate Commissioner to the Morris County Joint Insurance Fund.

6. Resolution of the Township of Mount Olive Authorizing the Acceptance of Credit Card Payments for Property Taxes, Water and Sewer Utility Payments in Accordance with the Provisions of N.J.A.C. 5:30-9.1 et. seq.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing Change Order #1 to the Contract Previously Issued to Kyle Conti. (Rock)

8. Resolution of the Township Council of the Township of Mount Olive Authorizing Change Order No. 2 to the Contract Issued to Kyle Conti Construction, LLC., For Turkey Brook.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Issuance of a Purchase Order to Emil Excavating Inc., for the Work at Turkey Brook Park in the Amount of $13,300.00.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor to Endorse the Applications for FY-2003 Local Pedestrian Safety Program, New Jersey Transportation Trust Fund for the Installation of Sidewalk Improvements along Route #46 and to Sunset Drive.

11. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor to Endorse the Application for FY-2003 State Aid Program, New Jersey Transportation Trust Fund for the Reconstruction of Sunset Drive and the Reconstruction of Ironia Road.

12. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developer's Agreement Between the Township (ISI).

13. A Resolution of the Township Council of the Township of Mount Olive Requesting the New Jersey Legislature to Enact Legislation to Increase Fees for Registration of All Terrain Vehicles, To Provide Relief to Municipalities for Enforcement, and to Increase fines and Penalties Associated with Unauthorized or Unlawful Use of Such Vehicles.

14. Resolution of the Township Council of the Township of Mount Olive in Support of A-273 (changing the hours of the polls)

15. Resolution of the Township Council of the Township of Mount Olive Authorizing the Renewal of Alcoholic Beverage Licenses for the 2002-2003 Licensing Period.

16. Resolution Re: Denial of the Renewal of the Plenary Retail Liquor Licenses #1427-33-017-010 Issued to Rock-Lim T/A Limericks.

17. Resolution of the Township Council of the Township of Mount Olive Authorizing the Return of Twenty Thousand Gallons of Allocation in the MSA Treatment Facility to the Borough of Stanhope.

President Scapicchio: Peter, I need some guidance here. We have some resolutions that in one way or another have something to do or memorialize some of the ordinances that we need a super majority vote for. That is Resolution No. 11, 12 and 13.

Mr. King: It has been discussed in the beginning and as you said in the beginning that of those specified Ordinances and Resolutions be held until 8:30 when we have all members present.

President Scapicchio: Cynthia and Sherry have I identified all the resolutions that we need to hold until.

Mr. Rattner: I believe No. 8 because that is the JIF.

President Scapicchio: Okay. So we have a consent resolutions that consists of resolutions 5 through 7, 9 and 10, 14 through 19 and 21 and 22. No. 20 we are going to take this off of the agenda and carry this until another Public Meeting. Chief Katona left a detailed voice mail message for me. I guess he is continuing in some discussion with the owners of this property. He recommended that we carry it until the next Public Meeting.

Mr. Guenther: Which one is this, I am sorry, Dave?

President Scapicchio: Resolution No. 20 which is the denial of the renewal of the retail Liquor License for Limericks.

Mrs. Miller: I just have one question, when does the Liquor License expire?

Ms. Whittle: June 30th.

President Scapicchio: This action we are not approving.

Mrs. Miller: I realize that but if we hold it until the next Public Hearing, the next one is July 9, 2002. If there license expires, well then what happens?

Mr. King: Then they would have to apply again.

President Scapicchio: I think the issue, and Cynthia, please correct me or add to it if you need to. I think the issue is the owner's plan is to cease having this operate as a go-go bar establishment and turn it into some sort of a restaurant and I think that the Chief is trying to work out those details

Mrs. Spencer: Yes, that is true. They are looking to make it into a Japanese steakhouse or something and at that point would open it up with a different concept in mind and at that point the Chief feels that if he gets the assurances that he is looking for that the changes have been made, that he would recommend it.

Mrs. Miller: So they still want their liquor license? I don't mind holding it. If it expires they may have to go through a period of time from the end of the month until July 9th unless we have a special hearing but there is still going to be a period of time where they can't serve liquor. Correct? If their license expires.

Mr. King: If they hold their license and you don't renew it then they can't serve liquor.

Mrs. Miller: Okay, just as long as everyone is aware of that.

Mr. Rattner: When we discussed this briefly, didn't the Clerk say that she could advertise next week's Workshop Meeting also as a Public Hearing for this, it there is a timing issue, and I thought that is the way we left it.

President Scapicchio: Is that what we want to do?

Mrs. Miller: Are you talking about a Special Public Hearing now?

President Scapicchio: It would just be noticed as a Public Hearing so we could address this issue.

Mr. Rattner: If we are going to make a decision one way or the other, if we don't want' the establishment to operate in the near future, we are going to say no. If we think the idea is okay, why hurt a possibility of them changing it in to something that we think is more desirable in Town.

President Scapicchio: Okay so we will have the Clerks Office notice next week as a Public Meeting. This resolution will be on that agenda for possible action.

Mr. Rattner: Yes and I think that was discussed last week. I think there were some other things that John said about certain people having to be contacted to give them enough time so that they knew about it.

President Scapicchio: So we have the Consent Resolutions we'll just go through it one more time. No. 5, 6, 7, 9, 10, 14 through 19, 21, and 22.

Mr. Rattner: I would like to put No. 22 on Non-Consent.

Mrs. Miller moved the Consent Resolution Agenda as sated by our Council President and Mr. Guenther seconded the motion.

President Scapicchio: Public comment?

Ned McDonald, Budd Lake: I just wasn't clear. Is resolution No. 22 on or off the table tonight?

President Scapicchio: That is going to be on the Non-Consent. We are going to have additional discussion on that. Thank you. Anyone else? Seeing none. Council discussion? Seeing none.

ROLL CALL: Passed Unanimously.

18. Resolution of the Township Council of the Township of Mount Olive Retaining the services of Clarke, Canton, Hintz [Chuck McGroarty]

President Scapicchio: We have one resolution on the Non-Consent resolution agenda which is No. 22.

Mr. Ratter moved Resolution No. 22 and Mr. Greenbaum seconded the motion.

President Scapicchio: Any public discussion on this?

Mr. McDonald, Budd Lake: The information I have here on this page seems a little sketchy, there is nothing about hourly rates and more so than that my question is, will there be a cap on the hourly rates. In other words, he is leaving to go into the private sector. Are we looking for a permanent replacement for him? Obviously Chuck was much needed here, but what is it going to cost the Town if we have an hourly rate? Is it going to cost more than his normal salary would have been per year?

President Scapicchio: Ned, it is my understanding the answer to your second question is, we are retaining the firm that Mr. McGroarty is going to. There are three or four legal issues that we are involved with that we need Mr. McGroarty's expertise in. That is what we are utilizing his services for. In terms of rate schedule, Cynthia you need to address that because you've negotiated with that firm.

Mrs. Spencer: The rate schedule for the use of Chuck's time will be paid to the firm at the rate of $115.00 an hour and the charges for his time will go against the escrow accounts for the Planning Board and or the Board of Adjustment?

President Scapicchio: Is it also true that there are several cases that are ongoing where we need Chuck to participate?

Mrs. Spencer: There are several cases, but what we had proposed last week was that we would be bringing him in one day a week plus for the Planning Board Meetings and the Board of Adjustment meetings. We hope that time is very limited, we are in the process starting this week interviewing the candidates for the new Director of Planning so we are hoping to move that along as quickly as possible. So on the outside I would say that the contract would not exceed two months in terms of the one day a week and have to attend Planning or Board of Adjustment meetings, however for the ongoing cases that he would be involved in where we need expert testimony, those would be open depending on when the court dates are scheduled.

President Scapicchio: Cynthia, so you know what cases they are?

Mrs. Spencer: I don't off hand; I could certainly get that information.

Mr. Rattner: I still don't understand exactly how much we are engaging him to do. We have a lot of activity in Town. We have nobody over there who is going to be processing normal planning stuff and getting our Planning Board ready for their meetings. Just because we don't have somebody that 90 day period doesn't go away. The escrow accounts are more than just the meeting, which I think that we basically paid for before the escrow was for the actual work the reviews and the actual work that he did and then we are talking about the litigation. The way I understand it, the litigation we will pay for out of our budget, the reviews get paid by the developer. They pay for all the expenses; it is just going to cost them a little bit more. Attending meetings probably comes out of ours and I don't think we have a good handle. First I heard that it is just going to be for litigation. Then I heard that it is going to be against escrow accounts then I heard it is one day a week. One day a week is not going to cover. I am not really sure and I am wondering does anybody know, what are we contracting him to do. Is he going to be here three days a week, 2 days working on the reviews, one day to just come to the meeting plus maybe any litigation and that is what I did not hear. Since we don't have the attachments that this resolution says that is here, I would at least like to put in there to say what we are contracting him to do. I don't have a problem, $115.00 is probably the going rate out there. We have to understand we are paying the consultant's rate. There is not much we can do about that? At least he knows the Town. You bring somebody else new, they are going to spend a lot of time just coming up to speed so we benefit there. But we have no idea how much we are having him work other than two months and where this is actually going to be paid for. How much is budget, how much is off the budget?

Mr. McDonald: That is my concern, Steve did it more eloquently than I did it. I don't want to see that after 60 or 90 days, we still don't have a new planning director and it goes on again and again and there is no end to it and we really don't know what the costs are going to be on something like this.

President Scapicchio: You are right and the Administration certainly needs to address that. I know I have spoken to the Mayor and have told both of them that they should take their time and not just hire someone to fill that spot to make sure that they hire the right person for Mount Olive Township. I actually think that we even have a recommendation from the open space committee that suggests the same thing. So I don't think any one of us could sit here and say that it is not going to be anymore than 90 days. In all honestly I don't think we can do that.


Mr. McDonald: Of course, nobody can predict but I am just raising a flag to make people aware. We don't want to have something like what the Turkey Brook Administrator and the Business Administrator in the past where these things just kept going on and being renewed and there was no end in sight sometimes.

President Scapicchio: Cynthia, what has the Administration done in terms of advertising for this spot? Have you had any responses? What kind of responses?

Mrs. Spencer: We have advertised in two professional journals, the Star Ledger and the Daily Record. We have received a number of applications or resumes for licensed Planners which meet the specifications that we need. We have put together the search committee that will start the interviewing process this week.

Mr. Greenbaum: Is the time that Chuck spends at the meetings going to be billed against escrow accounts? And the time that he spends reviewing applications will be billed against escrow accounts. Based upon that representation, other than the litigation aspect which obviously we would have to deal with. The Town would actually be in a better position than when Chuck was here accept that we are getting limited services. From a financial perspective when he was a Township employee, we footed most of the bill for his time. Both in review and in terms of him being at the meetings. I think there was some percentage that was picked up as part of an escrow account. Now Chuck will be in exactly the same position as Gene Buczynski who is not a Township employee. Instead of the Town paying for his time now the developer's will be paying for his time. Both in terms of review of applications and being at the meetings. So actually it puts us in a better position so long as his hourly rates are being paid out of escrow which is what the Administration is telling me. Obviously one day a week is not enough, but it is a stop gap measure and I think that we should approve it.

President Scapicchio: Steve, are you happy with the explanation?

Mr. Ratter: Yes, but it really should have been in the resolution or an attachment. I understand we have to go forward, I just was concerned about a cap and I knew what we were going to pay for and what we weren't. But if we are saying one day a week to do miscellaneous stuff that is one thing. If he is working on application that is chargeable and from what I understand it was supposed to have been charged from default because we came up with the hourly rates because we allowed to load it and we actually worked on it before because anything that was directly related to a developer's application that we did not want the taxpayer paying for. But as long as it is in here, the $115.00 with the exception of work on litigation that no expense would be charged against the general budget.

President Scapicchio: Steve you are proposing an amendment to this resolution?

Mr. Rattner: Another therefore or whereas.

Mrs. Miller: It makes sense to me.

President Scapicchio: Peter, can we just add this at this time, it has been on the table and it has been seconded we can add that?

Mr. King: Yes, we can add that language in there.

Mr. McDonald: Thank you very much.

President Scapicchio: Thank you. Anyone else from the public on this resolution? Seeing none, we have had Council discussion, any further Council discussion.

Mr. Greenbaum: Do we need a motion to amend and second?

Mr. Ratter moved for approval amending Resolution No. 22 The hourly rate to for the services of Clarke, Canton, Hintz will be $115.00 Hr. and all work will be charged to appropriate escrow accounts, litigation as required. Mr. Greenbaum seconded that motion.

ROLL CALL: Passed Unanimously

MOTIONS

1. Bill List.

Mr. Guenther Moved for approval of the Bill List and Mr. Greenbaum seconded the motion.


ROLL CALL: Passed Unanimously

2. Approval of Raffle Application #1037 and Bingo Application #1028 for NJ District #6 Vasa Order of America.

Mr. Rattner moved for approval of Raffle Application #1037 and Bingo Application #1028 and Mr. Guenther seconded that motion.

ROLL CALL: Passed Unanimously

3. Approval of a Peddler's Permit for Phil DeAngelo for Mobile Food Vending.

Mr. Greenbaum moved for approval of a Peddler's Permit for Phil DeAngelo for Mobile Food Vending and

Mrs. Miller seconded that motion.

ROLL CALL: Passed Unanimously

COUNCIL REPORTS

Library Board Liaison Report, Mrs. Miller: They had a special meeting Monday night and they are requesting a presentation on our June 25, 2002 workshop.

President Scapicchio: I believe that has already been put on.

Recreation Report, Mr. Guenther: There was a meeting the week before last where Jill Daggon gave a report of all the summer activities that are taking place. It is going to be a very eventful summer at the lake and other places. I think those notices are going around and I think they are doing a wonderful job and increasing the recreation available to the citizens to the Town.

Board of Health Report, Ray Perkins: The Board of Health meeting was canceled, there were no new items to be placed on the agenda and therefore it was canceled.

Planning Board Report Mr. Greenbaum: We have been very busy on Planning Board. We met on June 6th and heard the Wendy's application which was approved at the Trade Center South. We also began the application for Brinker New Jersey which is Chili's and the Macaroni Grill which we got probably half way through. It is going to be carried until July 11, 2002. There was an issue which I raised, I remember when Brinker was here prior to being on Council and I wanted to make sure that there were no representations made to Council with regard to their liquor license so I have ordered a copy of the transcript which will be provided to Planning Board to make sure that we are all in accord, both Council and Planning Board. Also, as a side note Shoprite came back and requested reconsideration the denial of the 60 foot sign variance which Planning Board had voted down and we agreed as a group that we would hear motions for reconsideration because there was some question as to whether or not that was something that we wanted to ever do. Then we denied with regard to Shoprite the right to reconsideration. But we did agree that we would in certain circumstances reconsider a vote if new evidence was presented. But that was not the case with Shoprite. Jeffery Builders was carried until July 11, 2002 as well. There was an issue with regard to whether or not they need all of their required approvals in light of the Crown Tower decision before we will actually hear that application. Mr. Goldstein had some argument he wanted to make but the hour got late so it was carried until the 11th. On the 20th we are hearing three matters. Riad Development Company and I apologize, I don't know exactly what that application entails, but anybody on Council who is interested could give me a call, I have the material at home and I will be happy to let you know exactly what is involved with that application. Toll NJ is coming in which is Morris Hunt for final major sub-division approval. ABC Childcare is coming back for their second go around and that is down near Bartley Road, near River and Tinc Road. On the 11th, is Gen III Builders, Brinker is back in, Dan Fran Nelson, McDonalds Corporation which is also ITC South and Chester Partnership, Woodfield. July 25, 2002 is Saxton Falls Sand and Gravel. August 1, 2002 again is Brinker and Gen III Builders and then the Master Plan is coming up to Planning Board on August 15, 2002. So that is pretty much what is going on with Planning Board. One other issue which was raised. There seems to be a lot of concern and I don't know what we can do about it as a Council with regard to the signage in the Trade Center South. There were a number of members of the public and Planning Board who are concerned about that as the development goes forward, the signs should be put in place and that there is a lot of confusion with regard to the signage in there. Perhaps what we need to do is to bring in whoever is in charge, whoever is running the project at the Trade Center South. To just all be on the same page with regard to the signage. And obviously there is also a question with regard to Route 46 and the lanes until you actually get
Mr. Greenbaum(cont'd): into the Trade Center. I don't know what we can do about that since it is obviously a State highway but those are two of the concerns which have been raised with regard to the Trade Center, I think as a Council we need to address both of those issues.

Mr. Guenther: What is the issue with the sign?

Mr. Greenbaum: My understanding is that there were certain signs which were approved with regard to the project as a whole and the signs, I don't know whether or not they are waiting until more of the project is completed before they move forward with their sign obligation. There were a number of members of Planning Board who felt that now is the time to get the approved signs in place. I am talking about the total project signs, not the individual store signs. So because there is such a great amount of confusion that they should be compelled to actually move forward with the signage now.

President Scapicchio: So then Rob, you are actually suggesting that there has been signage that has been approved that is not installed that needs to be installed before they move forward. Is this something we should refer to Gene Buczynski and ask him what signs have been approved and what signs are not installed?

Mr. Greenbaum: I don't know what the appropriate, perhaps Earl knows.

President Scapicchio: I think, Nicole why don't we send Gene Buczynski a short memo. Just tell him that the issue of signage at ITC South came up at this meeting and that we would like him to give us a briefing on the signage that was approved and what is and is not installed to date.

Mr. Greenbaum: Perhaps you should cc whoever is involved in the Trade Center on the letter.

President Scapicchio: Also cc Alan Goldstein and Gregg Ploussas was the Engineer. If you could get that out tomorrow for us we would appreciate it.

Open Space Committee Report, Mrs. Miller: We are pleased to hear that the Charter's Farm closed and today when I drove my School Bus by I noticed that the Sheriff's Department had their workers there. It was
Cleaned up and there was a huge big dumpster full of junk so the property is cleaned up as of today as far as I know. There was a lot of discussion regarding the use of the Open Space Trust for funding for the removal of the rock at Turkey Brook and we do have a letter here from the open space committee I would like to read it into the record if I might. "As an advisory body of the Township Council concerning the use of the Open Space Trust Fund, the Open Space Committee voted unanimously at it's last meeting, June 10, 2002, to express disappointment that Open Space Trust Funds are being used for rock removal from Turkey Brook Park. As taxpayers, we understand the difficulties of the budget this year. We appreciate the Council and the Mayor controlling Tax Increases. However we feel as a body that the dedicated funds and the trust should not be used to cover cost overruns for the development of Turkey Brook Park. We recommended that the Council avoid taxes, avoid tax increases through a more positive use of Open Space Trust, buying land to control development in the Township. As a community, Mt. Olive badly needs the recreational facilities being built at Turkey Brook Park. The Open Space Committee supports development of those facilities. However we strongly feel that buying land now for park and recreational areas will sustain the community economically into the future. At the pace of development in Mt. Olive the opportunity to buy land is diminishing rapidly. We have worked hard to leverage the Mount Olive Open Space dollars from State & County sources. We have recommended and you have supported creative open space preservation strategies that have yielded dedicated land without the use of Township dollars. The Open Space Committee will continue to pursue these opportunities. Please ensure that this is efficient capable management of the Turkey Brook Park project to avoid costly spending in the future. Thank you for your support dedication and hard work. We look forward to a more success together this year." The reason why this letter was sent to the Council was because we have a committed and they were never asked their advice prior to the Council making a decision to use Turkey Brook Park Funds. Thank you.

President Scapicchio: Thank you Charlene.

Legislative Committee Report

Mr. Guenther: None

Master Plan Report

President Scapicchio: As Rob mentioned July 8th, is when the Planning Board is going to address that Rob?

Mr. Greenbaum: No I don't think so, I thought it was in August. It has been moved to August 15, 2002.

President Scapicchio: When the Planning Board gets done they will forward that off to us.

Pride Committee Report

Mr. Perkins: The Pride Committee canceled the meeting and they will give us a synopsis on their plans for the summer.

President Scapicchio: There are two things before we move forward, I see Mr. Buczynski is here and now Mr. Perkins so we will go back to the beginning of the agenda. Congressman Rodney Frelinghuysen is going to hold a town meeting in Mt. Olive Township on Saturday June 22, 2002 at 10:00 - 11:00 am. It is open to the Public and it would be nice if Mount Olive had a good turn out. So I want to bring that to your attention, hopefully the papers in the news will report that. We also have a memo dated June 14, 2002 from Cynthia in regards to a plumbing inspector needed. We received the resignation of a part time employee and it is my understanding that he is scheduled to retire in October. Cynthia has outlined certain salary ranges here and some criteria and she is sort of looking for an approval to move forward and I think that we need to let the Administration move forward hiring a plumbing inspector.

Mrs. Spencer: This salary would be paid for out of the fees that are collected in Code Enforcement so it would not be any addition to the Budget.

President Scapicchio: Council, does anybody have a problem with that? Okay. Since we have all of the participants here, lets go back to the beginning of the meeting and try to get back on track here. We have a Public Hearing on the Municipal Budget that begins with four resolutions. We have resolutions No. 1 which is a resolution to amend the 2002 Budget.

1. Resolution to Amend 2002 Budget.

Mr. Ratter moved the resolution to amend the 2002 Municipal Budget and Mr. Perkins seconded the motion.

President Scapicchio: Any public comment on Resolution No. 1? Seeing none, Council discussion. On Resolution No. 1 and Sherry maybe you could just explain to the public what we are doing here please.

Mrs. Jenkins: Basically from the time that we introduced the budget we had a couple of amendments that we needed to make. The biggest one is for the Bergen HIF Assessment, we are gong to be funding that over three years as opposed to fully funding that in the Budget and the other changes are small they are related to grants that we received.

President Scapicchio: Council discussion? Seeing none.

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

2. Resolution RE: Waiver of Reading in Full of the 2002 Budget.

Mr. Greenbaum moved for approval of the Wavier of the Reading in Full of the 2002 Budget and Mr. Rattner seconded that motion.

President Scapicchio: Public comment on Resolution No. 2. Seeing none, Council discussion?

Mr. Rattner: I think with the amendment that you just voted for that brings the tax decrease down to what Mrs. Jenkins?

Mrs. Jenkins: 3.4 tax points.

Mr. Rattner: Thank you.

President Scapicchio: Any other Council discussion? Seeing none.

ROLL CALL: Passed Unanimously.

3. Resolution: Self Examination of Budget.

Mrs. Miller moved for adoption and final passage of Resolution No. 3 and Mr. Perkins seconded that motion.

President Scapicchio: Any public comment on resolution No. 3? Seeing none.

ROLL CALL: Passed Unanimously.

4. Resolution to Adopt the 2002 Solid Waste District Budget.

Mr. Rattner moved for Adoption of the 2002 Solid Waste District Budget and Mr. Greenbaum seconded the motion.

Mr. Rattner: That's a tax decrease of a little more than a tax point or a full 10%.

President Scapicchio: Thank you, any other Council discussion? Seeing none.

ROLL CALL: Passed Unanimously.

President Scapicchio: Mayor your proclamation?

Mayor Licitra: Not yet Peter is still at graduation.

President Scapicchio: Okay, let me know when.

Mayor Licitra: I do have one thing, if I may. I have good news to report. Well it seems like there is a lot of good news especially with the taxes the way we have worked on them to get them down. I hope the same headlines appear when we were proposing an increase. Frank Kennedy did tell me today that we are looking on the big pick up. We are looking like we really saved a lot of money. I don't want to put the final figures on but it is probably going to be somewhere between a half and three quarters of what we budgeted for it. If we could figure out from next year what we are doing maybe we can be consistent every year. We didn't pick up as much but we have to still sell the metal and a few other things so the final figure will be in a couple weeks.

Mr. Rattner: With that. I got two calls from people that said I was told I could only put out very specific big things and my next store neighbor put out his whole front yard full again and it got picked up. I don't
necessarily think it is bad. You know since we did not have that much overall, but I think it shows that we could probably modify what we did. I did get complaints. We were very specific and a lot of people are saying well this does not fit in and I have this area, but I think when we went over the Budget we said that we did not think we were going to spend that much because people got rid of their junk last year. I guess the Council was right again, huh, Mr. Mayor?

Mrs. Miller: I noticed that when I drove around that it appeared that hardly anybody used the stickers. I only saw maybe one or two stickers out there. Lots and lots of stuff but not nearly as much as we did last year, so I was just wondering whether the stickers can be used and saved for the next one or what. I am just wondering what people are going to do with them.

Mayor Licitra: We will get some history and decide next year what we want to do.

Mrs. Miller: The majority of what I saw that was out and did not have stickers like Steve said and I see quite a bit in the course of my bus runs.

Mrs. Spencer: I can tell you that in some neighborhoods people actually got the stickers from their neighbors who were not putting things out. Frank came in and told me that at some houses they picked up eight items but they all had stickers on them because the other houses had nothing out. They did swap things. They really tried to keep it within the manageable of three big items per house hold even though you know if the street was empty they would pick up a yard full it that was there. They were trying to do the best that they could.

President Scapicchio: They have and continue to use good judgment on how they pick up garbage.

Mrs. Miller: I think I only saw one place where computer monitors and printers and stuff were sitting out and those were not picked up.

President Scapicchio: Okay. We are going back to ordinances for public hearing.


Ord. #24-2002 Ordinance of the Township of Mount Olive Authorizing a Special Emergency Appropriation for Extraordinary Expenses in Connection with Supplemental Assessments - Bmed.

President Scapicchio opened the Public Hearing Ord. #24-2002.

Mr. Jones: Didn't we already vote on this?

President Scapicchio: No we did not.

Mr. King: We had polled it earlier on in the meeting.

President Scapicchio: There were several ordinances and resolutions Mr. Jones that needed five affirmative votes. We had two Council members that were out until about 8:00, 8:30 pm and I was to hold some of these actions until we had a full body.

Mr. Rattner: I think the resident is right. I think this is our do-over.

President Scapicchio: Yes. That's right. It is our do-over. Because I was supposed to hold it. It was a mistake to move on it. Anyone else from the public?

Colleen Labow, Budd Lake: So where you voted before and you did not have your quorum, it is okay to do it over.

Mr. King: It was improperly before us. The Council President had said at the beginning of the meeting
that he was pulling this number of resolutions and this ordinance. So it was improperly before the Council.

Mrs. Labow: I just never heard that done. Obviously Dave never heard that done either, so you just re-do it?

Mr. Greenbaum: It is not a question of quorum. There was an agreement to wait on all of these ordinances because of the graduation tonight at the middle school. There was an agreement to wait until all the Council members were present so their vote could be counted on a number of different issues and this one slipped by mistake.

Mrs. Labow: Okay. I just wanted to make sure. Thanks.

President Scapicchio: Anyone else?

PUBLIC HEARING ON MUNICIPAL BUDGET

Ned McDonald, Budd Lake: Here we have another Ordinance and again no map showing where it is. I thought we had agreed that we were going to have a map.

President Scapicchio: This has nothing to do with property.

Mr. McDonald: It is talking about easement development on Lot 16 Block 7100.

President Scapicchio: No, this is special emergency appropriation.

Mr. McDonald: I am sorry, this is not 25-2002.

Mr. Greenbaum: No, 24-2002

President Scapicchio: Anyone else from the public on this ordinance?

President Scapicchio closed the Public Hearing on Ord. #24-2002.

Mr. Guenther moved for adoption and final passage of Ord. #24-2002 and Mrs. Miller seconded that motion.

President Scapicchio: Council Discussion? Seeing none.

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

President Scapicchio declared Ord. #24-2002 as passed on second reading.

Ord. #25-2002 An Ordinance of the Township of Mount Olive Authorizing the Purchase of a Conservation Easement/Development Rights Across Lot 16, Block 7100 and Lot 54, Block 5300 on the Tax Assessment Maps of the Township of Mount Olive Which Property is Commonly Referred to as the Devlin Property.

President Scapicchio opened the Public Hearing on Ord. #25-2002.

Dave Jones, Budd Lake: I was just wondering how the progress was going on Turkey Brook Park
as far as the rock removal.

President Scapicchio: We are going to have a progress report, if you have a comment in reference to this Bond Ordinance that is what the public hearing is about.

Mr. Jones: My comment is I thought it was illegal to go ahead with work until it was approved by the Council. I mean that $1.5 million in work that is pretty much almost done if not done and the Council did not even approve it yet.

President Scapicchio: I think that the Council certainly gave in general terms the authorization to the Administration after they made a recommendation to move forward with that rock excavation with the understanding that we still needed to move on this Bond Ordinance.

Mr. Jones: The whole Council gave approval or you gave approval?

President Scapicchio: I with confidence can tell you that a majority of the Council approved the Administrations' recommendations and request for rock removal, yes.

Mr. Jones: Thank you.

President Scapicchio: Anyone else from the Public?

Ron Heymann, Flanders: I am Chairman of the Turkey Brook Committee. Nelson is here and Peter is here from the committee. I just wanted to be heard just briefly. I know tonight is a difficult decision because we are asking and you have to look at appropriating $1.5 million additional dollars. Certainly no one is happy with the fact that the project has increased in it's costs. The options to me are really very limited. Mr. Conte has a contract which is fairly clear. He has already pulled some rock out and I think he will be entitled to a payment of funds no matter what. More importantly if we don't proceed and you don't fund this $1.5 then the project is basically going to stop. For those of us not only on the Council but in this Municipality who have been involved with this project for close to 10 years I don't see that to be a solution. I don't see that to be responsible government. I think that is absolutely irresponsible government. This really should not be an issue of being contested tonight. No one can be happy about $1.5 million. But as elected as officials your responsibility is to move this project. To vote no says you don't want this project to move forward. To vote no means you just want a piece of land to just sit up there and go to waste. Too much time effort energy and money has already been spent in this project. If you are to consider to vote no I think you really have to look inside to what you are doing as an elected official. That is an irresponsible act. I don't know if anyone is going to vote no. But as usual, whenever we talk about money, we have to talk about getting the vote out. In this particular instance this is very important. This project is behind schedule to some extent, we all thought this was going to be done before, many of us aren't happy with what happened with Olympus. But those are not issues which should be addressed here tonight. The issue here tonight is moving this project forward. There is no other solution at this point in time. No reason to sit here and say who missed it, who did what, who messed up. The fact is the project has to go forward. You have soccer fields that aren't being developed. You have baseball fields that are not being developed. You have programs that are stagnating. That cannot continue. So on behalf of the committee, more importantly as a former councilman as a resident who has lived here since 1984, this project is needed and required and I urge you to appropriate this $1.5 million as difficult as it may be so that this project can finally move forward and at least this first phase could be completed and that is all I have to say.

President Scapicchio: Thanks Ron. Anyone else?


Peter Juran, Budd Lake: I would just like to say that an incredible amount of time and energy have been put into getting this park to this point. It would be a travesty to stop the project at this point. If the work was stopped the Township would still have a financial commitment to the contractor and it would also take additional time, effort and most importantly money to get it started and get it completed. Thank you.

President Scapicchio: Thank you Peter. Anyone else from the Public?

Toni Ayers, Budd Lake: I think what happened to Turkey Brook is an abomination and as Ron said you can't blame, you did what, and who didn't do what. But the very fact that anyone that has lived around here long enough knows that Mount Olive Township is a rock. That is to be assumed before you do anything, and how in heavens name. I have to tell you. How did they miss the rocks? We have to end up paying for incompetence. That is how I look at it. A million and a half rolls off. A nice community park as far as I am concerned has gone up in smoke. It is just a mess. Almost $39,000 to remove one of our most valuable commodities. Trees, that was number one. From day one, the project as far as I am concerned has…

President Scapicchio: Cynthia that is not accurate, is it?

Mrs. Spencer: No we were able to get a local contractor and we were able to get that price down to $11,300.00.

Mrs. Ayers: Wonderful. To destroy all those beautiful trees. That is marvelous.

Mrs. Spencer: These were dead and diseased trees only. We were told by the County Arborist that these trees needed to come down and that there were a couple trees that probably were still alive, but because of the trenching for the sewer that digging around the roots would, in fact, kill them.

Mrs. Ayers: I don't know why we have to pay for that, but I guess we are going to have to pay for it with the way things are turning. It seems as though, maybe this is not an appropriate time to say that either. The Soccer Club is donating $200,000. For their $200,000 they are about owning Turkey Brook Park. I don't see anything else except the Soccer Club. I may not be around by the time they get around to the walking paths. I am just very upset with the whole thing. It is disgusting.

President Scapicchio: There are also other front things that we are moving on and trying to determine why and how the engineers that designed the facility either miss the rock or failed to tell us to do some additional test so we are not just sitting back on it. We are trying to move forward. We have Olympus coming in here July 9, 2002. We have several options available.

Mayor Licitra: I think that is enough.

President Scapicchio: Anyone else from the public?

Peter Juran: I take offense to that woman's comments. The Soccer Club took the foresight and the initiative to get money together from our members to put forward. You know, we don't own this park. It is a township park. We are looking for places to have our kids play.

President Scapicchio: Thanks, we realize that.

Colleen LaBow, Budd Lake: I just wanted to ask a question on this ordinance; when you say the various improvements is there clearly defining what the various improvements include.

President Scapicchio: There is a spreadsheet that was presented to us that outlines the $1.5 million.

Mrs. LaBow: In a couple of the meetings I remember Mr. Dorsey very clearly stating that no work or expense can be authorized within the Town without resolution or ordinance being passed by the Council. So I am just confused why was the go ahead order given when there was not official action taken?

President Scapicchio: Colleen, I guess the best answer I could give you is when the Administration made a
Presentation and a recommendation to the governing body who took a straw poll and in that straw poll for the additional funding there was five members that voted in favor of moving forward with the Administration's recommendation, there were two that were opposed to that. There was no question that the contractor move forward without having a public vote. Knowing that there were five affirmative votes and five Council members that had committed themselves to moving forward with this project and I think it was presented to us both from the Engineer and the Mayor and his staff that time of the essence was involved and that in order President Scapicchio (cont'd): to keep this project moving forward and to I guess protect us from incurring any additional costs in terms of demobilization and mobilization we decided to tell the Mayor that we thought we had five votes to support this ordinance.

Mrs. LaBow: So when it came through then that it would be passed. I was just confused. The Turkey Brook project, like Ron says it's ridiculous to delay when so much has been invested and something has to be done. I just wanted to double check on the legalities of it.

President Scapicchio: I guess the point should be noted that the project is more than 50% completed. At least in the infastructure and it certainly would be irresponsible to do anything other than move forward. As painful as it is for us to spend the additional money.

Mrs. LaBow: I am also glad that you are investigating avenues of responsibility for the rock. Like everybody says, I mean you live in Budd Lake, you know there's rock. I mean that is ridiculous to think that there wouldn't be. The other question I had was Charlene brought up with her letter that she read before is how could funds be taken from the Open Space Trust Funds for this project without some kind of discussion that you can take from another fund.

President Scapicchio: Colleen, there was a discussion relative to that and all I could tell you is that the way the question was phrased when it was put on the ballet for the Public, we have the ability to use the open space funds that are generated from that tax for not only the purchase of Open Space, but also the development of Open Space. The Administration made a recommendation to take a portion of those funds to utilize as a down payment and Sherry I don't know if you have the numbers available tonight but if you could for the Public tell us the amount of money that we used or will use out of that fund for a down payment and the principle and interest payment. That was based on 15 years. Could you run through those numbers real quick for us?

Mrs. Spencer: The down payment that was requested was $75,000. For over a fifteen year period if we had to borrow the full $1.5 it would have been $135,000 a year that would have been principal and interest that was being repaid However because of other monies that are coming in that will off set it, it should be closer to $90,000-$95,00 a year because we will not actually have to bond the full amount.

President Scapicchio: How much does that open space tax generate on a yearly basis?

Mrs. Spencer: $600,000.

President Scapicchio: So we made a conscious decision and there is no question that it is somewhat of a balancing act but we felt that it was appropriate or a majority of us felt that it was appropriate to fund this additional cost that way.

Mr. Greenbaum: I just wanted to comment on a couple things that Colleen said. Mr. Dorsey was here at the time that the straw vote was taken and I think that technically what happens is that the contractor moves forward with the project at his own risk but based upon his understanding as to what he thinks is going to happen technically. That is the way I understood it as Mr. Dorsey was here at the time. Secondly I had concerns about using the open space monies as well because my concern has always been, we need to buy as much land in Mount Olive as we can. I think that all of the Council members share that concern. I came to the conclusion ultimately that there was nothing which stops us from actually taking money from our general budget if we so choose to include it to buy open space. So that we are not limited to buy open space with open space fund we can actually buy it from the general fund. Then it came down to a question of whether or not we wanted to use a portion of the monies now out of the open space rather than pass it along as an additional tax because it became very clear that we need to move forward on the project. At least in my own mind, so I came to the conclusion that if we were presented with a piece of open space and the funding was not there then I would then consider the open space funding out of the general budget.

Mrs. LaBow: Since there is nothing on the table right now, it is you know.

Mr. Greenbaum: Well that was my consideration, that I did not want to pass along another tax to the residents of Mt. Olive.

Mrs. LaBow: Well I think it is interesting which Dave pointed out which I was not aware of with the open space committee that it was to purchase open space or to improve upon so that is an important thing. I don't think to improve upon, I don't think a lot of people know that because according to that you used it appropriately.


President Scapicchio: Yes we did.

Mrs. LaBow: That's what I would say.

President Scapicchio: Thank you.

Mr. Rattner: It was discussed during the month of February. IT was discussed when we had a meeting at the end of February and I believe we took a vote which was included in the Resolution/Ordinances spelling out exactly how much money we were going to use, so it wasn't something that it wasn't. We had a lot of spirited discussion and even on that one I voted affirmatively trying to put together the whole package. We did the open space tax in three different steps. When we first had it and we increased it twice. On the second time there were questions about what the real intent was on the first one. We made sure that if you look at the question, if you look at all the back up, on the second and third ordinance that we put on and then the vote, it said very specifically it was for acquisition and improvements. There is a balancing act here. Some people just want to buy open space, there is a certain amount of people who say, yes having the trees are nice, but the kids need a place to play. So we made that decision and we made very sure that it was described that way in the second and third referendums that we had.

Mrs. LaBow: I have one last question, Peter brought it up. I have heard comments from people in town, with the soccer club donating so much money towards Turkey Brook, does that actually mean that they will own the soccer fields. I told them no, the Town owns it. They are donating it like anybody else would make a donation to any project in the Town, it does not entitle them to any special permission.

President Scapicchio: I think you heard Peter about 15 minutes ago that contribution just gives them a nice field to play on, it is a Township owned facility.

Mrs. LaBow: I just wanted to bring it up. It was good that he said that because I think there is a lot of misunderstanding.

Mr. Greenbaum: I disagree with what you said Dave. I don't want to in any way say anything bad about the soccer fields but there was a whole agreement that was put into place with regard to the Soccer Club's ability to schedule on those fields. If you look a what the Soccer Club does, it is for the youth of our children. They should have the right to schedule those fields. Ownership, no. Right to schedule, yes.

Mrs. LaBow: Well that is what they are there for, to schedule.

Mr. Greenbaum: Absolutely. But you said they don't have any special preference, they do have a special preference and they should have a special preference.

Mrs. LaBow: I said that wrong. What I meant I said was they don't own it. They don't own any part of it, just because they are donating money. They are donating the money and of course they are going to schedule the games. They scheduled them before when it was on Centennial. If you are going to have fields you have to be able to schedule games on them. That is up surd not too. That's all.

President Scapicchio: Anyone from the Public?

Vaios Jelis, 3 Sunset drive, Budd Lake: I just wonder why there are no notices out, they have been blasting for weeks now. There are nails popping all over the place. We didn't even know what was going on the first time we heard it. No body over looks the site of the park. The have been draining the pond with hoses and then the other day they had backhoe there opening a path for the water. Then they locked they drainage. When they saw my neighbor and when I went over to look at what the hec they were doing they quickly put rocks by the drainage and covered it with a tarp. I did not know if anybody from the Town knows what is going on.

President Scapicchio: Mam, if you could just bear with for a few minutes. We are addressing an Ordinance for funding for Turkey Brook. As soon as we get done with this we are going to have the engineer and the Administration give us a presentation and we will address that concern at that time. Don't leave, we will get right back to you. Anyone else from the public on Ordinance 26-2002? Seeing none we will close the Public Hearing.

Mr. Greenbaum moved for adoption and final passage of Ordinance #26-2002 and Mr. Perkins seconded the motion.


President Scapicchio: Council discussion?

Mrs. Miller: I am going to vote no again for this because No. 1 on the Open Space Committee was never in the loop. They were never consulted for an advisory board to oversee the open space trust fund and how it was spent. Nobody came to them first. We heard about it through the newspapers and I feel that was wrong. I also feel the Olympus group has deceived us. If you go out there and you look at those plans out in the walk, they are all flat fields and we have raised fields. Some of those fields are higher than the houses on Sunset. One of those fields, one in the back is higher than the old middle school. The basin was changed from retention to a detention or visa versa. I think I have that reversed. Plans for change, I did not get to see any plans in front of me. Some of those fields have slopes that are 12 feet high. I asked about the retention walls whether they are going to have steps or whether they are going to have Public access for the handicapped. This is not going to solve our problems. There is going to be more money needed. Those fields are raised fields. If the ball gets kicked off the field it is going to go down a slope and it is going to disappear down the hill and these fields are going to have to be fenced in. I think there is going to be a lot more cost than what we have here and I just cannot justify putting more money into this. We have already almost spent what the entire project was supposed to cost just in phase I, so I am going to vote no on this for those reasons.

Mr. Rattner: Obviously the Council is in a very tough position and where we are with Turkey Brook there is no doubt that we have to continue to move ahead. I don't think anybody really doubts that because you don't have whatever it is a couple of million, $5 million or whatever we have actually spent for a hole in the ground in and leave it like that. I have a problem with the financing and now how we should have moved ahead? Looking at the $1.5 million appropriation at this point I don't think it is necessary, consistent with what I have been saying for the last three months and also consistent with the memo we got from our attorney a week or so ago that the contract that there was no authorization contract for the building. The building is about $800,000. If we are going to cut back, that has nothing to do with the fields. The fields get built, we build the building later on and we figure out how we could get that done. Also at last week's status meeting, that was given to us by our Business Administrator, she listed three or four items that she was very proud of that we have cost savings. We are going to make money, it is going to reduce the cost. She talked about the credit for top soil, she talked about substantial savings from the stone crusher that we are going to be bringing the stone on site. We don't have to purchase anything.

President Scapicchio: Steve, I am sorry to interrupt you but there was a memo that was in our packet tonight from Mr. Buczynski, there is no savings for that. That is a cost offset that has already been factored into the number. If I got it tonight, again if I got it when I am trying to go through preparing for the meeting, which is really not fair. But anyway, I am just saying what I was told and I believe it was Miss Miller that she wanted to know exactly an itemized list. But if we just took out the building which I thought that we should have slowed down to begin with because if we are talking that we need fields, we need fields. We don't need so many other things. There is always ways to cut if you can without cutting out the fields. We were told about the sewer stuff, that we were actually got a dollar amount on and I guess then I can't rely on status reports if I am told that this is the Status report on Tuesday and when I come the following Tuesday they say disregard everything you learned the last time. Still in good conscious because when I did vote in March to move ahead, I voted for the fields not for the building at the time. I said I would not be prepared to come back to ask for a couple of million dollars more in six months. I really didn't believe it was only going to be six weeks. With that I know it should go ahead, I think there are ways that we could go ahead, remediate the problem with the rock which is a whole separate problem and probably legal issues involved with that which we cannot talk about here without going for this additional appropriation that is going to cost the taxpayer no matter which fund you take it out of another $80,000 -100,000 a year for the next 10 to 15 years. This does not have anything to do with the running of the park and any other things that we are going to have when we find out near the end that we are missing what things that have changed.

Mrs. Miller: I forgot one item that is very near and dear to my heart. We have a retention basin now that is up to twelve feet deep in it's deepest spot and I really feel that if we require private home owners who have a pool in their yard to fence it in I feel that we need to fence in the retention basin because this is an area where we are drawing children. There are a lot of families that come to watch the children play soccer and there are toddlers that play in other areas. It is very easy to have a toddler wander off to this area. This is an area where we are attracting a lot of children and we have go to protect ourselves from a child drowning in that retention basin.

Mr. Guenther: Don't worry Ron, I will vote for it with some dismay. There are couple of things which I pointed out before that I think were done wrong. First of all when the issue of the rock came up, I don't think the Administration informed us and the Council early enough in the process to know what was going on. By the time it was really was discussed and opened as somebody had pointed out a lot of the expenses had
Mr. Guenther (cont'd): already been committed or actually some of the rock removal had been done. I would just like to admonish the Administration that is the future the Council be brought into any kind of process like this at an earlier stage. I also think I would maybe admonish ourselves. The Council and everybody that I think if we all do some selective memory searching going back to late last year. We had a for lack of a better term, a clerk of the works that we were not completely happy with. We renewed him on a month to month basis I think from August on. We finally said no more at the end of November. I think we made a conscious decision somewhere along the line not to have an overseer or as I said Clerk of the works. I don't know a better term for it. I think a project of this magnitude; you really need somebody like that. I think in the past the experience and I was not on Council at the time, but when we had projects like this, they seem to come in fairly much on budget or close to the time table when you did have an overseer. Now I understand there was a cost involved and that is something that I think was probably a factor and that is not naming an individual like this, Mr. Casey was a stop gap measure. When he was not renewed at the end of November, I think a lot fell through the cracks. I partly blame myself, I think we all have to share part of the responsibility and in the future I think we have to look at that kind of individual and realize that, that money is well spent for a person that is constantly looking out for the interest of the Township and the taxpayers and making sure that the project is moving along well. Obviously a qualified individual; an individual that knows something about the projects of this nature. So with those two thoughts in mind, I will vote for it, I think that Mr. Heymann made a very key point. At this stage we can't leave the hole in the ground 50% complete. There is a need, it just dismays me that we have these cost overruns.

Mr. Perkins: Just a couple key points as I have looked at it here. None of us, I know myself, looking at this Bond Ordinance, voting in the affirmative, the effect it is going to have on my pocketbook is not any easier. All I could look at I guess is some of the children, knowing that we as adults should have known better, we didn't. However we ended up at this point, however the rock was discovered. Why it should have maybe been discovered before? Whose geotechnical survey should have been provided at the beginning? What oversight Clerk of the works would have had that supposedly may or may not of stopped all of those sewer over costs that we were faced here with Budd Lake? We had a Clerk of the Works and I seem to remember attending a lot of Council meetings where we were constantly discussing cost overruns. So I am not so positive that a clerk of the works is always the absolute end that justifies that. I am going to be voting yes for as much as I don't want to I know the necessity to complete it. I could find ways to cut it like I think we all could. The building is not something that I want to put off even though we did break that down into two separate items at the beginning of this year. I don't want to burden the rest of the people in Mt. Olive, the residents that live there, with any future or lengthier construction process than presently going. We need to finish this, get it done, look back at it five or ten years from now and look at the smiles on the children's faces because it is coming out of our dollars anyway. That is the only way I could look at this to be able to vote on it.

Mr. Scapicchio: Last night the Mayor and I were at two girls softball championship games and we saw rows three and four deep of people in lawn chairs and we looked at each other and said, this is why we are building Turkey Brook Park. We saw the kids cheering, having fun. We saw the parents and their friends having a ball at these two fields over at the Old Flanders School.

President Scapicchio: Anyone else from the Council? Mayor it is your turn you will have the last word.

Mayor Licitra: I don't want to argue or discuss this. It has been discussed out. Lets get going and move forward. There is one correction I want to make in what Charlene said. The Open Space Committee was advised; both Cathy and Laura. Cynthia brought them both into the office and discussed it with them about three weeks ago?

Mrs. Spencer: Right before we actually came and made the recommendation, now it was not a formal letter but I did let them know that was going to be the administrative recommendation.

Mayor Licitra: I don't know how they feel that they had to read it in the papers but a meeting was held with both of them to discuss what our recommendation is going to be, I will leave that alone.

ROLL CALL: Passed Unanimously with the exception of Mr. Rattner and Mrs. Miller who voted
no.

President Scapicchio: Okay, we are a bit out of order here; the Mayor tells me that the Bosco family is here, Mayor?

Mayor Licitra: I got this letter from the regional director of Government Relations, Peter J. Layden III and it says, Dear Mayor Licitra and members of the Governing Body, I am pleased to inform you that Peter Bosco, 9, Renault Drive has been awarded a 2002 Comcast leaders of tomorrow scholarship in the amount of $1,000. Mayor Licitra (cont'd): This year Comcast awarded scholarships totaling $154,000 to 154 college bound New Jersey students. Every Comcast scholar demonstrated a positive attitude, outstanding academic achievement, and a serious commitment to community services. The Comcast leaders of tomorrow scholarship program is funded through the Comcast foundation. We invite you to join us in recognizing the Comcast 2002 leaders of tomorrow scholarship recipients by issuing a resolution of proclamation celebrating their accomplishments. As always should you have any questions? We did do that. I have a proclamation and Peter would you come up please? I would like to introduce Peter Bosco, the recipient of this.

PROCLAMATION PETER BOSCO DAY

WHEREAS, Peter Bosco has been awarded a 2002 Comcast Leaders of Tomorrow Scholarship in the amount of $1,000; and

WHEREAS, Peter Bosco was one of 154 college bound New Jersey students to receive this award; and

WHEREAS, all candidates receiving this award had to exhibit a positive attitude, outstanding academic achievement, exemplary leadership skills, and a serious commitment to community service; and

WHEREAS, Peter Bosco is a resident of Mount Olive Township and will be graduating from Mount Olive High School on June 20, 2002; and

WHEREAS, Mount Olive Township wishes to recognize and congratulate Peter Bosco on this award.

NOW, THEREFORE, BE IT PROCLAIMED, that I, Paul R. Licitra, Mayor of Mount Olive Township do hereby proclaim June 20, 2002 as Peter J. Bosco Day in Mount Olive Township.

Ord. #27-2002 Bond Ordinance Amending Bond Ordinance Numbered #11-01 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted May 8, 2001, in Order to Amend the Description of the Project.

President Scapicchio opened the Public Hearing on Ord. #27-2002.

President Scapicchio closed the Public Hearing on Ord. #27-2002

Mr. Perkins moved for adoption and final passage on Ord. #27-2002 and Mr. Greenbaum seconded the motion.

President Scapicchio: Council discussion?

Mrs. Miller: Page 4, midway down that first paragraph, it says renovations to Soccer fields at Turkey Brook Park $20,000 funded through CDBG. We don't even have them built yet and we are allocating money for renovations? Is that maybe for Flanders Field? Is that a typo? We don't have anything to renovate yet. About midway through, it says repaving of Corey Road, $175,000 funded through NJ DOT, renovations to bathrooms, locker rooms, and concession stand at old Municipal Building. Renovations to soccer fields and Turkey Brook Park; $20,000 funded through CDBG.

President Scapicchio: Sherry, do you have an answer?

Mrs. Jenkins: You are looking to see what that was for? That was a $20,000 grant we got.

President Scapicchio: What is CDBG?

Mrs. Jenkins: Community Development Block Grant.

Mrs. Miller: But it is for bleachers.

President Scapicchio: Right.

Mrs. Miller: Well they should say that because that's equipment that's not a renovation for a field.

Mrs. Jenkins: Well I think initially when we got the grant that's how they worded it, they weren't sure how they were going to set the meeting and then there was a meeting between Kathy Murphy and I believe it was Eric Schulte at that time (inaudible).

Mrs. Miller: I don't have a problem with the bleachers, I just had a problem that we were renovating fields that we had not even built yet.

President Scapicchio: Anyone else on the Council? Sherry I have two questions. I guess you would be the person to ask, under "B" on page 2, acquisition of the following vehicles for the streets and road department tractor with side mounted mower dump truck and chipper. Is this one of the dump trucks that we approved in Budget?

Mrs. Jenkins: No. If you remember this is the ordinance from last year, the general purpose ordinance that we did. This had nothing to do with the 2002 capital.

President Scapicchio: How about down further at the bottom of this list? Item I, the purchase of computers for various departments I think in the amount of $60,000. The same thing 2001 budget?

Mrs. Jenkins: Exactly

President Scapicchio: Thank you. Anyone else on the Council? Seeing none.

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

President Scapicchio declared Ord. # 27-2002 as passed on second reading.

President Scapicchio: Does the Council have a problem if we group resolution numbers 8, 12 and 13 as a consent item?

Mr. Rattner: I have questions on numbers 12 and 13.

8. Resolution of the Township of Mount Olive Canceling a Temporary Budget Appropriation
for the Payment of Prior Year Bills- Bergen HIF Assessment for $245,797.00.
.
Mr. Guenther: I hereby move for adoption and final passage of resolution No. 8 and Mr. Greenbaum seconded the motion.

President Scapicchio: Any public comment on Resolution No. 8? Seeing none, Council discussion on No. 8?

ROLL CALL: Passed unanimously with the exception of Mr. Rattner and President Scapicchio who both voted no.

11. Resolution of the Township Council of the Township of Mount Olive Authorizing Change Order #1 to the Contract Previously Issued to Kyle Conti. (Rock)

Mr. Perkins moved for adoption of Resolution No. 11 and Mr. Greenbaum seconded the motion.

President Scapicchio: Public Comments? Seeing none. Council discussion?

Mr. Perkins: I have a question for Cindy, this is referenced to the AIA documents for the change order that I had brought up at the workshop. I don't see new copies in here.

Mrs. Spencer: No actually the Township engineer had responded to that in that those were important parts of the contract document that were received from Conte and they were part of the legal contract so they are going to be used for this contract.

Mr. Perkins: So the mere fact that it is on an expired document where the license for using a photo electronic duplicated document, that is acceptable to the engineer.

Mr. Buczynski: There was an Olympus bid document that was already in effect. I don't think you can change the document which is part of the bid contract on how to process the change orders at this point. It is and AIA document

Mr. Perkins: It is an AIA document reprinted by permission of AIA under a license agreement. Wouldn't it make sense to get back to AIA, renew the license and get a new one. This had expired in June of 2001.

Mr. Buczynski: Was that the end of 2001.

Mr. Perkins: Well yes. 12-4-2001.

Mr. Buczynski: So it was December, you just said June. It was December and originally they put on their documents when they first went out to bid which is last year. They still utilized the document. We could talk to Olympus and get another sheet. I think it is really more consequential.

Mr. Perkins: Before, I would ask the Administration or the Council to put our John Hancock on a document that violates copyright laws. I would at least like to get something in writing from the American Institute of Architects that says the license is okay.

Mr. Buczynski: We could do that. That is not a problem. We'll call up Olympus and get the updated document.

President Scapicchio: Anyone else on the Council? Seeing None.

ROLL CALL: Passed Unanimously (note that Mr. Perkins voted yes providing a document is received from the American Institute of Architects that says the license is okay)

12. Resolution of the Township Council of the Township of Mount Olive Authorizing Change Order No. 2 to the Contract Issued to Kyle Conti Construction, LLC., For Turkey Brook.

Mr. Greenbaum moved for adoption of Resolution No. 12 and Mr. Perkins seconded that motion.

President Scapicchio: Council discussion?

Mr. Perkins: Same comment as number 11.

President Scapicchio: So noted.

Mr. Rattner: When we put together the bid packages the options, trying to cut the costs and trying to come down with the Turkey Brook Park, some things that we wanted that we couldn't put in. We put in options and we tried adding it up I remember in the end of February and the beginning of March we were looking at how close we were trying to make it fit into some parameter that we thought we had the availability of funds. Now the Council has just appropriated another $1.5 million dollars and we are starting to add things back that were taken out before. I heard that there were things; "our committee didn't know it was taking out" or the committee was an advisory committee there were a lot of discussions and a lot of work being done on trying to put together the bids in such a way that we knew we were going to come in under the amount of money that we had appropriated so we could move forward. I just think that we couldn't wait no more than probably about 10 minutes to have more money and now we are starting to add things back into the project. I don't expect that to be the last, this was something that was taking out from the original specs to make sure it was affordable. Now we have found money and we are putting it back in that is why I am going to vote against it.

Mr. Greenbaum: I hear what Steve is saying, I don't disagree with him in concept but you know it is one of those things that it just seems to me that we are fooling ourselves if we don't put in irrigation on the field and in this particular instance I think spending the money for the additional irrigation is something that we need to do.

President Scapicchio: Anyone else on Council? Seeing none.

ROLL CALL: Passed Unanimously with the exception of Mr. Rattner and Mrs. Miller who voted no.

13. Resolution of the Township Council of the Township of Mount Olive Authorizing the Issuance of a Purchase Order to Emil Excavating Inc., for the Work at Turkey Brook Park in the Amount of $13,300.00.

Mr. Guenther moved for adoption and final passage of Resolution No. 13 and Mr. Perkins seconded the motion.

President Scapicchio: Public Comment on Resolution No. 13, seeing none, Council comments?

Mr. Rattner: I support the resolution, certain work has to be done, I understand what we are doing. However we start talking around money and I think we have lost track of the money. Last week I remember I had in my notes that we were talking that this was going to cost us $11,000. At 9:02 tonight, our Business Administrator again when somebody asked about the trees and the removal, we were told this $1,000. Why does the resolution say it is $13,300?

Mr. Buczynski: I think there as additional cost to come in at two separate times to take down the trees at remobilization costs?

Mrs. Spencer: According to the contract it's an additional charge to mobilize immediately to cut and move the trees off the sewer easement only, because they had to come in immediately to do that and finish the work.

Mr. Rattner: Just so you know, I don't have the issue with the $2,000. I will tell you that if I had this in my job, heads would start rolling. If people kept coming to be and the numbers keep changing. If it is $13,000, in the whole scheme of things we are not talking much. If I don't know what the number is, we keep going back and forth and then you think of an excuse. That is why we probably have problems with the big numbers because somebody forgot something there was a detail missed in a bid spec or something else like that. It just gets very frustrating. I don't like sitting here having to bring these things up. They have to be addressed. If we spent the time to do it right the first time we would not have to think of an explanation and do it a second and third time. It just gets frustrating because it seems like I am doing this more and more lately and I'm not sure what the cause is. Part of it I think is because we are rushing so fast and so we are not dotting all the it's and double checking the numbers. I tell you for the people that are putting these things together, it has to be very very embarrassing. I know it would be embarrassing to me if I told you $11,000 ten minutes ago and now it's really $13,000 but I'll give you an explanation. Give me the right number to begin with.

Mrs. Miller: I also asked how many trees? I was told that the trees are diseased or dying or they are dangerous. I still don't know how many trees. I don't know how big that sewer easement is. Is it 15 feet from the road. Is it the whole length of the road. I don't have a whole lot of information.

Mr. Buczynski: All those trees are coming down. There are three areas and all the trees are coming down.

Mr. Rattner: Gene those are those big trees that are four or five feet around?

Mr. Buczynski: I would say 42 - 48 inches in diameter.

Mrs. Miller: You are telling me that all of the trees in the front of that park project are going to come down. There are not going to be any trees left.

Mr. Buczynski: Between the barn and the detention basin in that area, especially through there.

Mrs. Miller: That is a lot of trees.

Mr. Rattner: Okay we are not talking about the big mature trees, because that is really from the barn going the other way isn't it?

Mr. Buczynski: There are some trees coming into the entrance. If you come into the stone entrance right now there are a couple of large trees on the right hand side, there are large tall trees and they are probably 42-48 inches Steve. They are close to the roadway they are coming down.

Mr. Rattner: I just want to make sure. I think last week Mr. Lynch said that they were the ones that were damaged. We are not taking down healthy trees, we are taken down ones that are diseased and damaged.

Mr. Buczynski: That is correct. They may look like they are healthy but they are hollow in the inside.

Mrs. Miller: I could understand diseased or damaged trees. You are just telling me that we are going to take down all the trees on the whole row of frontage.

Mr. Buczynski: In that area.

Mrs. Miller: They all can't be diseased and damaged.

Mr. Buczynski: I did not make the determination.

Mrs. Miller: Well I am not voting for it.

Mr. Rattner: I don't think it is that long a strip if it is from that pond to the barn. I remember when we were talking about the road widening, one of the things that we wanted to do was…

Mr. Buczynski: It is not the whole frontage of the property.

Mrs. Miller: That's what you are telling me.

Mr. Buczynski: Not the whole frontage of the property.

Mr. Rattner: I think you are talking maybe about 200 feet or there about maybe?

Mr. Buczynski: It is a small part.

Mr. Rattner: You are not going to take many trees down for $13,000 that's for sure.

Mr. Buczynski: I am going to say a couple hundred feet at the most.

Mrs. Miller: How wide is that strip? Is it all of them or 10 feet, 30 feet, 50 feet?

Mr. Buczynski: There is a sewer easement that they are taking down, and the person from the county was brought in. They looked at the trees and they made the determination that all the trees could come down.

Mr. Greenbaum: I am particularly troubled by the change in dollars. I agree with everything Steve said. You are talking about a small amount of money in the scheme of things but it is a matter of principle at this point. You know someone comes in and tells you that you can do the job at a certain number and then all of the sudden it is more money. Then when they start the project it is more money. Ultimately we are at the point where they got their equipment on site and now we are taking down the trees and they need more money, because we can't have them stop because we have to bring somebody back to mobilize it. Lets assume it was $500,000 what they were doing and they said you know what, we made a mistake, it's $600,000 then when they start actually doing the job it's $700,000. Where does it stop? Perhaps what we need to do is to go out and get bids on this because someone is going to do the job. Now I understand there is going to be some discussion. "this needs to be done now, we have to get the trees down because we have to get the sewer lines in" I am very troubled by the change in numbers between what was agreed upon and now what ultimately what's going to have to be spent.

Mrs. Miller: I have a question. I thought the sewer line was in the street.

Mr. Buczynski: No, there is an easement. It gets connected into the street into Flanders Road but the sewer comes from the Park so it has to go through the park somewhere to get out to the street.

Mr. Greenbaum: Gene, tell me what happens to the project if this goes down tonight in terms of progress. Who has to stop? What is it going to cost us ultimately to get them back up and running what is not going to be able to be done?

Mr. Buczynski: Right now as far as the progress goes, I believe they took the trees down Saturday for the easement, so the sewers could go in. In the other areas, the trees have not come down. I would like to just explain the concern about the additional costs. Originally a person of my office called up three contractors to get prices. We got the lowest price and it was with the understanding to all bidders that they were going to come in once and take the trees down. Then I believe there was a site conference last week, because of time constraints they wanted to be able to get the sewer contract out there to start laying pipe this week and they said lets try to get the sewer easement done if they could even over the weekend. So they called up the landscaper and said look, we need you to take these trees down then come back next week when you can. He said well that's mobilization and remobilization, he it's going to cost us another $700. I believe that is the difference in the cost.

Mrs. Spencer: It's $1100.

Mr. Rattner: If that's what happened and I don't have any qualms with you and the different costs. Last week we got a phone call to move ahead with a set dollar amount. A straw poll to say to move ahead, not to slow anything down and I concurred with that. We were then told that the meeting, it was $11,000. We were told tonight at 9:02, I wrote down the time because I thought it was interesting when it did not match the
Mr. Rattner (cont'd): resolution; were still saying $11,000. I am just talking about the numbers and how can we rely on the numbers. I would think that at least coming tonight we would have had the right numbers or an explanation. Not waiting until we pull it out saying "why was it $11,000, I was asked verbally on $11,000, and then the bill comes in and it is $13,000. If I bought something at Sears for $299.00 and it came down to $399 I would be right back at Sears telling them that they better adjust the damn thing because this is what I agreed to and that is just the way I am looking at it here. I guess you could have done something else. It could have been an engineering reason. We were not aware. That's very similar to what Mr. Guenther said before about the rock and not knowing what was going on. We asked for one set amount of money and then when we come to a vote, if I did not bring it up and say hey the numbers don't match, it would have just gone through and it would have just got shifted through. That is really unacceptable in any line of business. Like I said it is not the engineering, this just happened to be a clerical or communication error.

Mr. Buczynski: I am not here to defend Administration but I think when they gave you that number, that was the number that was there. That was the number at the time see.

Mr. Rattner: Why weren't we told then tonight that the number went up instead of waiting until I picked it out of here and no body said that we spent an extra $2,000. That is the issue. If I did not bring it up and in fact you weren't even sure tonight. That is what the issue is. It happens but let us know. Again it is something that we have been talking about for a while communication, communication, communication.

Mrs. Spencer: I think it would have come out had we done the progress report and status report first, it would have been in Gene's report.

President Scapicchio: Anyone else on the Council? Seeing none.

ROLL CALL: Passed unanimously with the exception of Mr. Greenbaum and Mrs. Miller who both voted no and President Scapicchio abstained.

Presentation of $100,000 Check - Mt. Olive Soccer Club - Peter Juran

Peter Juran: It gives me great pleasure to present the second installment of the donation from the Mount Olive Soccer Club to the Township in the amount of $100,000. Our first installment was $50,000. So with this. [applause].

TURKEY BROOK PROJECT STATUS

Mr. Buczynski: As far as what is going on right now as we just discussed, they are starting to put some of the sewer line in, they blasted for the sewer line. They were supposed to start yesterday, but I don't believe they have as far as the blasting within the detention basin but that is the next step that they are going to be doing is to blast that out so than they can continue with the drainage improvements and then hopefully take care of the eyesore and ongoing problems with heavy rains. Once we get all the water going into the inlets where they are supposed to go; going into the detention basin and then out in the outlet structure we won't have that problem anymore. There are lot of walls being constructed on site, if anybody has been on the site, most of the ball fields have at least the walls started. I think the retaining walls will be completed probably sometime next week. That was the latest status, so all the walls will be done. It is starting to take it's shape a little bit. Lets see, as far as some concerns with the irrigation system, if you recall, it is part of the $1.5 million, one of the items that was included was $100,000 for taking the irrigation transfer line from down by Wyndam Point, the existing well will bring it up to the site and we said we are investigating getting an onsite well drilled and we had contacted 3 contractors and we sent a letter to Cindy last week. Right now the lowest price is $12,900 to drill the well. So that is what we are looking at right now. So you can see that is going to be a significant savings from what was anticipated going out to bid to bring the line up to the site. There will
be a well in close location to the pond up in that area.

Mr. Rattner: Gene is that for each hole? Suppose they dig and they go 300 feet and for whatever reason, they miss the aquifer.

Mr. Buczynski: The driller who is drilling it drilled the wells on the site before. He has looked at the geology on the site. We have talked to him. Dan Valentine, he has drilled the wells in the area before. He is very well aware of the site. He gave us a price. Now that $12,900 can go less. That price was based on 700 feet of depth. He does not think he is going to have to go deeper than 700 feet, but that is what it was based upon.

Mr. Rattner: Would that be extremely expensive to bring water up 700 ft. when you are talking a large quantity of water?

Mr. Buczynski: We are talking$12,900 Steve.

Mr. Rattner: No, I am saying the cost to bring it up. The pumping of electricity because of the size of the motor. 700 ft. Sounds like an awful big depth to start drawing up.

Mr. Buczynski: You are only bringing 60 gallons per minute. It is not a lot of water that we are talking about.

Mr. Rattner: Sounds like a lot of water to me.

Mr. Perkins: Gene I just wanted to back up a little on your report with the blasting, we had one of the residents come up from Sunset talking about the pre-blast survey.

Mr. Buczynski: There was a pre-blast survey done as far as the noticing of the residents. I think Administration sent out letters to people.

Mrs. Spencer: Actually the contractor went door to door within the range of what the blasts were that they were going to be doing. There are standards that are set by the states in terms of distances and which residents they need to notify. Everyone that was in that radium received a pre-blast survey and will receive a post blast. I would like to contact the blaster and make sure that they get in touch with Mrs. Gillis so that if there is any damage we can have that assessed in the survey.

Mr. Buczynski: I am not really sure right now the blasting I think that it is closer. When they blast for the detention basin. I am not sure if he is gong to give additional letters out when he goes into that area because that is closer to Sunset.

Mrs. Jelis: The Pond is right behind my house. No body came to the house. No body came to the door, no letter was received. I heard somebody got a letter on Flanders Road. Flanders Road has a road between them, I don't think it would effect them as much as us because we have nothing behind us.

President Scapicchio: Gene isn't it customary that a certified letter has to go out within so many feet.

Mr. Buczynski: I don't know if it is a certified letter, they have to notify them prior to the blasting. As far as the basin goes, they did not blast at the basin yet I am not sure if he is giving them a letter. We will call a contractor tomorrow and make and find out what has happened.

Mrs. Jelis: I see nails popping; the screens on the porch don't close.

Mr. Buczynski: What is your address?

Mrs. Jelis: 3 Sunset Drive, Budd Lake.

President Scapicchio: Why don't you give the Administration your telephone number privately so that they could follow up and call you?

Mayor Licitra: Gene, I realize what State requirements are but if we are going to do anymore blasting I would like at least to expand the knowledge to the residents. Nothing shakes up residents more than blasting. We have had it before in the Township whereas it kind of unnerves people when there is blasting. I wouldn't just stay with the State requirements. What I would do is just expand it just a little bit. Most of the blasting is done so we are really not talking about a lot. I would feel more comfortable if the people knew. Maybe we could expand it around another block or something.

Mr. Buczynski: Maybe Cindy what we would do is we Blast the contractor with the remaining schedule list and notify the residents.

Mr. Scapicchio: Cindy you will follow up in the next day or two with this resident?

Mrs. Spencer: First thing in the morning.

Mr. Buczynski: Also, she was concerned about seeing the contractor around the detention basin. That was the replacement of the environmental bag before they pump into that and before the water leaves the site and what they ended up doing besides the environmental bag, they pumped from the environmental bag into a stone berm that had a filter fabric for additional cleaning of the silt. The environmental bag has 70% trap

Mr. Buczynski (cont'd): efficiency per soil conservation measures, I can assure you that everything was done that the contractor did was in accordance with soil erosion measures. I spoke with Jim Dunn on several occasions, I spoke with him again after you had your last Council Meeting I heard your concerns. I spoke to him over what happened that Thursday night. He said it is the contractor's doing and all he could really do, I mean you are going to have some silty water coming in. The material is extremely fine material, you could take just a few particles, shake it in a glass of water and it is going to be cloudy for hours. I doesn't just clear up and you send it to the bag. If the Soil Conservation measures are such that they work on 70% of the material before it leaves through those bags. That's what they have been using on both. The detention basin pumping as well as the pumping out of that temporary detention by the entrance.

Mrs. Miller: I went out to Turkey Brook, I guess it was on Sunday, I didn't get to terribly far because the wetlands were really flooded down lower, you know where the pullover is just before Turkey Brook crosses Flanders Road. I have to admit that there was more

Mr. Buczynski: Do you mean where the ravine is where water comes from the brook going down toward the lake?

Mrs. Miller: Right, in that low area which is considerably down hill. There was considerable water coming down. Some of the paths are completely flooded because the quads have damaged that area and instead of it coming down like it used to it now goes this way and goes down a lot of the paths. I have to admit that water was very clear and I was very surprised, with all the construction that is going on up there and with all the earth moving the stream was clear.

Mr. Buczynski: I am very surprised at that comment, that is good to hear.

Mrs. Miller: You did not expect us to say something positive did you?

Mr. Buczynski: No, Charlene, I didn't. That is not the way things have been going this evening.

Mrs. Miller: Yes, I was surprised that the water was clear and I did want to give you something positive.

Mr. Buczynski: I appreciate that. I know it is a delicate situation because we have the homes on the other side of the street. I wrote a letter the other day. I was aware of what was happening Thursday, I was fortunate to be at a Planning Board Meeting. I was concerned at what was happening to neighbors across the street. I did not see any of the water that leaks down their driveways. We are trying the best we can.

Mrs. Miller: What about the dead fish, you just assume that they weren't killed from the silt. Catfish aren't bottom feeders?

Mr. Buczynski: Yes, they are. There is a lot of irritation in the water when it leaves that site and goes down to the ravine what it really aerates. Fish live on oxygen of the water before it gets back down into the brook. It could have been other areas and I think a lot of people have said so because most likely it was from the erosion at the development across the street from the Lake. There is probably more of a point source pollution that went right into the Lake. They broke open several locations on Johnson Ave. that next morning it was a mess there.

President Scapicchio: Gene are you satisfied with the overall production over the past week or so?

Mr. Buczynski: I think we are getting to the point where you are getting to see a lot more production. There are still some hurdles we are trying to get through relative to the topsoil material and the method of basically finalizing the existing top soil that hasn't been replaced by the contractor and they are going to use two different types of equipment as far as preparing the soil for seeding. We are moving ahead, especially after tonight I think the contractor is going to move ahead more too, now he knows he definitely is getting paid for the remainder rock and all that. So I think to meet their deadline for seeding which they can't really see until August 15, I believe that was in the contract and that right now their on line for that. Today I received a request from a contractor relative to the fact that you can get some clay material from another outside area to be used for the clay liner but we rejected that request and he has still got to find us another area for the clay.
Where it was coming from wasn't really acceptable but they also did not provide us with the proper soil testing to say that it would satisfy the clay. It was coming out of an area in Linden, NJ. He had access to some material out of an oil refinery. We rejected that request so we are working on those types of issues right now but I think you will see positive progress in the next few weeks.

Mrs. Spencer: I just want to add one thing. Charlene, you had asked for us to check into the drawings about handicapped access and everything. The park is 100% handicapped accessed, meaning there is access to every single field. And there will be to the bathrooms, it has all been built in. I just did not want to comment last week without knowing specifically where they were.

Mr. Perkins: The blending of the topsoil with the different machines he is going to bring in, there is no extra charge on that.

Mr. Buczynski: Right now based on what we think we are going to be doing, we are still going to see the savings that we talked about receiving.

President Scapicchio: How about the issue Charlene raises with respect to fencing around the detention?

Mr. Buczynski: That is why I left before. I went with Jim for a few minutes to look at the plans. The plans do no show a fence, however the basin grading is such you have a defined berm, then off the berm going down the basin. It is not your normal two to one slope. There is an area that is four to one, then it is a gradual ten to one slope down to the outlet structure. It looks like it was designed in such a way that a fence would not be required. The only thing we could do is look at the end of the project and see what everybody thinks. But that is how it was designed. It was designed as a four to one slope after the berm and then a ten to one slope. Ten to one is a very gradual slope going down to the bottom.

Mrs. Miller: But people who are watching the soccer game and not watching the toddlers, they could wander off and I think that is a liability. We should consider fencing it in.

Mr. Buczynski: Committee decision.

President Scapicchio: Okay, that I guess is something we will have to look at down the road

Mr. Rattner: When you are talking about this evening, what you are actually saying is that everything as of right now is on schedule. Because you are saying about the seeding, if they finish earlier they can't seed until August 15.

Mr. Buczynski: The weather has to improve for the top soil before they could start doing the seeding and they get to the irrigation, but right now this project schedule is that he is going to be on schedule for the seeding.

Mr. Rattner: Well he is meeting all the dates right now on the schedule.

Mr. Buczynski: Some of it is out of sequence, but yes overall he is on schedule.

Mrs. Jelis: Last week I saw two children walking around the pond throwing their soda bottles, I was scared for them but I didn't know where their parents were. They looked like they were seven or eight years old. I noticed that there are signs posted no trespassing.

Mrs. Miller: That is one of the reason I fought so hard to have the old Seward homestead boarded up. I remember Lou Corea and I got in quite a debate over that. In fact we ended up in Court because I felt that was a liability. You can't keep children out of there but you could certainly put up a fence and that helps with our liability in case somebody drowns in there.

Mrs. Jelis: I was going to call but my husband said "don't worry about it".

Mr. Buczynski: You could put a temporary construction fence up but if the kids are going to get in there, they will get in there.

President Scapicchio: Anything else to report on Turkey Brook?

Mr. Buczynski: I think that is pretty much it.

President Scapicchio: Cynthia do you have anything to add to that report?

Mrs. Spencer: No.

President Scapicchio: Okay. So we will move to the last public portion of this meeting. Anyone from the public wish to comment on anything?

Ned McDonald, Budd Lake: I am a little disturbed about what Gene brought up. About 200 feet of trees are going to be removed from one area. I just wonder if these are diseased trees? Are these trees that have to be moved because of construction or because of convenience.

Mr. Buczynski: It is a combination of trees that need to be removed for construction of the entrance of the road as well as the sewer trenches and also it is a fact that some of these trees as Jim had said last week are diseased. They may look nice but they are hollow inside. They had somebody from the County come in to do an inspection on those trees in those area and they said they should all come down.

Mr. Rattner: I think one thing should be added and actually we are coming out a lot better than we originally thought we were going to. The county site standards requirement is to have to turning lanes because of the amount of traffic. The original plans showed Flanders Road at that point being four lanes. The County has allowed us to wave that, so we saved the majority of the trees. Also not only have we saved the majority of trees, it also saved us almost $25,000. That would have been the cost of widening the road for the extra lane. Maybe if we ever get to stage three they may say the traffic is going to require it and that is something that we have done. The original plans showed every one of those trees coming down for the entire frontage of Turkey Brook Park.

Mr. McDonald: Well I think that is great that you did save trees but I don't think that the fact that you saved a bunch of trees someplace means that now you could just cut more down.

Mr. Rattner: When you build a house, you have to cut down some trees. That is all we are doing.

Mr. McDonald: Gene said they are all coming down for a 200 foot section.

Mr. Rattner: That is where the sewer line is going.

Mr. McDonald: If they have to come down, definitely because they were in the way of construction I agree. If they have to come down because they are diseased I agree. But according to what he said, all the trees the County said could come down. That does not mean that they are all diseased. I would guess that if it is diseased trees, do like the forest service says. You have a certified tree disease expert go in there, they stamp the tree that will be taken down. Not just to say there are some diseased trees here, they could all come down. We are building a park not a parking lot.

Mr. Rattner: The amount is there, you are talking 200 foot of frontage, you are not saying how far back. The majority of the tress are diseased, those are coming down. Then where the sewer line, the sewer line you need maybe a width of maybe about 8 feet you could go and buy. Again, it is like building a house. You build a house you you're going to cut down trees to put the house in, to put your driveway in and have a little front yard.

Mr. McDonald: I think I am agreeing with you only in that if it is necessary, I agree about this, just for expedience or convenience, I think somebody should take a look at it.

President Rattner: Cynthia, we are not just in discriminately cutting down trees are we?

Mrs. Spencer: No. That is exactly why we asked the arborist who is specialized in this to come and look at what we had and to indicate to us, which he has done. Jim has met with him.

Mr. McDonald: This is the first time in the Township that a large group of trees has been cut down and later someone goes back and says, oh my look what happened.

President Scapicchio: Jim could you help us out here a little bit?

Jim Lynch: Essentially, what was done is I was asked to call a in county arborist from the soil conservation district. They came out, they surveyed the property, we walked the line where the entrance of the part was proposed where the sewer lines had to go. The larger trees in that stretch that Gene was referring to were damaged in the 1997 storm. Smaller trees in that area upon excavation of the sewer lines will have significant damage to the roots and there are other species of maple that is very weak and very intolerable. It was the determination of the arborist to move forward. These trees will not cause a destabilization of the soil. It will not be a problem. We will be able to access the park and we will not have a safety issue in years to come.
Jim Lynch (cont'd): When the trees decay further because of the root damage that is going to be done when we have to put in the sewer lines. So it was a proactive move the arborist was very comfortable with and at this stage he felt it was the best course of action.

Mr. McDonald: I will defer to the experts then.

President Scapicchio: Jim were they swamp maples? Is that what they refer to them as?

Mr. Lynch: The vast majority are yes.

President Scapicchio: Because I'll tell you, I just learned about them. I had one in my yard that I spent thousands of dollars on over the years trying to help along. We ended up cutting it down after spending all that money because it just never got better.

Mayor Licitra: Could have waited for the first storm, it would have fell down.

President Scapicchio: It always amazed me at the way it grew, you know. It looked like you had some fresh growth. Then you had the top that just died for no reason.

Mr. Lynch: They are vigorous species at times, but they are very susceptible to road salts and root damage, to insects. They have many downfalls.

President Scapicchio: Okay thank you. Anyone else from the public? Seeing none we will close the public portion. I hope there are no Council comments? Anyone?

Motion was made for Adjournment. All in Favor none opposed. The Meeting Adjourned at 10:15 pm.


_______________________
DAVID SCAPICCHIO
Council President

I, LISA M LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on September 24, 2002


________________________
LISA M. LASHWAY
Mount Olive Township Clerk


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