Mt. Olive Township Council Minutes
March 11, 2003
The Regular meeting of the Mount Olive Township Council
was called to order at 7:30 pm by Councilman Bernhard Guenther
with the Pledge of Allegiance.
MOMENT OF REFLECTION in recognition of the men and women
fighting terrorism and those who have lost their lives
defending the freedom we all enjoy
OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT
According to the Open Public Meetings Act, adequate Notice
of this Meeting has been given to the Morristown Daily
Record. Notice has been posted at in the Municipal Building,
204 Flanders-Drakestown Road, Mt. Olive, New Jersey, and
notices were sent to those requesting the same.
ROLL CALL: Present: President Guenther, Mr. Scapicchio,
Mr. Greenbaum, Mr. Spino, Mr. Rattner,
Absent: Mr. Perkins, Mrs. Miller
President Guenther: I am going to change things around
a bit in the schedule here and hold off on the Public Comment
Period to move on to the Mayor and Council’s presentation
under administrative matters and we will hold the public
portion until after that. So Mayor, would you like to proceed
with our presentation.
Mayor Licitra: Yes Mr. President, would you like to do
the honors first for Mr. Dolan?
Frank Dolan Retirement Plaque – Mayor Licitra
Resolution of the Township Council of the Township of
Mount Olive Commending Frank Dolan for Twenty One
Years of Dedicated Service to the Township.
President Guenther moved for the approval of a Resolution
of the Township Council of the Township of Mount Olive
Commending Frank Dolan for Twenty One Years of Dedicated
Service to the Township. Mr. Rattner seconded the motion.
WHEREAS, Frank Dolan was hired by the Township of Mount Olive as an Assistant
Water and Sewer Operator in 1982; was promoted to Foreman in November 1983;
transferred to the Engineering Division as Engineering Inspector and in 1988
was promoted to Sr. Construction Inspector; and was again promoted to Engineering
Aid/Public Works Coordinator in 1989; and with great dedication served the
Township, without interruption, until he gave notice of his retirement; and
WHEREAS, Frank Dolan has served the Township of Mount Olive during a tremendous
growth period requiring an extraordinary effort on his part during his service
to the Township of Mount Olive;
WHEREAS, Frank Dolan is a steadfast and dependable figure
at the helm of the Township Department of Public Works
and will be missed by the department as well as the citizens
it serves; and
NOW THEREFORE, BE IT RESOLVED by the Township Council
of the Township of Mount Olive that it does hereby wish
to thank Frank Dolan on behalf of all the citizens of the
Township for his dedication and years of service to the
Township; and to wish him the very best, happiness and
good health in his retirement.
Frank Dolan: Thank you.
Mayor Licitra: You are very welcome. I have a presentation
for you by the Mayor and Council; it is a plaque and it
says to Frank Dolan, congratulations on your retirement,
Twenty -One years of devoted service to the Township of
Mount Olive and it is presented on this 11th day March,
2003 by the Mayor and Council. 21 years in the same place
in today’s day and age is something else. I have
known Frank all of those 21 years that he has worked here.
I could only say that while I am sorry to see him go, I
know he is going to enjoy his retirement. When I first
became Mayor and I needed a Township employee to sit on
the Planning Board, by law I have to have one. I went right
away and I asked Frank if he could do it and he accepted.
That shows the type of respect that I have for Frank for
his knowledge and his dedication to his job; he will be
missed and Frank I don’t want to say too many things
because I’ll forget what I said today and next Friday
at your party I’ll regurgitate the same things, but
Frank it has been a pleasure working with you and I just
hope we can replace you or even come close to it. So thank
you very much for your years of service.
Mr. Dolan: Thank you Mayor Licitra and Council for your
recognition. It has been a good 21 years. Thank you very
President Guenther: The second presentation we have is
by the Mayor to Mrs. Sharon Staszak, Morris County’s
Volunteer of the Year.
Sharon Staszak, Morris County’s Volunteer of the
Year – Mayor Licitra
Mayor Licitra: Before I call Sharon up here, I just have
to say that Mount Olive is made up of many people that
don’t get the accolades. Many people that volunteer
their services in so many parts of the Township and do
a fantastic job. There are people in this room that have
dedicated their lives to Mount Olive. We don’t know
about them. We know about some of them, but not all of
them, the people that do so much work. There are so many
things that Sharon has done and like I said before, I read
the proclamation, I would like to bring Scott Vanness up
here if you don’t mind Scott and say a couple of
words about Sharon because I know you have worked with
her over the years or anybody from M.O.M.A.C. Sharon, this
community is very blessed to have people like yourself
and other people in this Township that make it run, that’s
the volunteers, that’s the lifeblood of this Township.
A small plaque and a small honor cannot give our thanks
to the Township to people like yourself. Scott, I know
you have a couple of things to say, then we will get Sharon
up here and I will read this proclamation.
Officer Scott Vanness: Sharon Staszak has been part of
the Mount Olive Municipal Alliance Committee, also known
as M.O.M.A.C. throughout the community for about nine years
now. The one thing that we can say about Sharon is that
she always, always, fights for the underdog. She has been
very dedicated to our youth, she is dedicated to the citizens
and she has been one of the most productive members of
our organization since she joined with us. Very short words,
but we are very very proud of Sharon. Sharon has upheld
our tradition that we did not strive to achieve but we
have had several state award winning members in our organization
over the years and we are very proud again of Sharon today.
Sharon, thank you very much.
WHEREAS Sharon Staszak has worked with the Mount Olive
Alliance Committee since 1984; and
WHEREAS Sharon has served in all executive committee positions
on this committee; and
WHEREAS Sharon’s outlook is always positive and
serves where she is needed; and
WHEREAS she has proven many times that she is an invaluable
member of the Mount Olive Municipal Alliance Team; and
WHEREAS the Morris County Municipal Alliance Committee
recognized her for the project achieved, a program she
designed toward the needs of at risk students; and
WHEREAS Sharon was nominated by the Mount Olive Municipal
Alliance Committee for her hard work and dedication; and
WHEREAS Sharon Staszak has been named Volunteer of the
year for 2002 by the Morris County Municipal Alliance.
NOW THEREFORE, as Mayor of Mount Olive Township, I Paul
R. Licitra, do hereby proclaim Wednesday March 12, 2003
as Sharon Staszak day in Mount Olive in recognition of
her achievement, in being named Morris County Volunteer
of the Year, in the Year 2002.
Sharon Staszak: Thank you.
President Guenther: Would anyone from the public like
to address the Council? Seeing none, again, we have a little
change in order here; we are going to move the Bill List
1. Bill List *& Additional Bill for J. Dorsey for
Baptist Church Property.*.
Mr. Greenbaum moved for approval of the Bill List. Mr.
Rattner seconded the motion.
Ms. Jenkins: Bernie, if I could just say. Back in June
when I was first here, we had talked about excluding some
things from the Bill List Process, like utility payments, County School taxes,
things like that, that are urgent that Mrs. Jenkins (cont’d): to get
paid. We still have not finalized the revision to the ordinance that needs
to be done, we had talked about this at some point last year which we need
to do. I just wanted to call to your attention, on page 6, we have two amounts
for January phone bills, and two amounts for December phone bills. In terms
of utilities, we need to pay them. These bills were actually overdue at this
point and needed to get paid. We also have time constraints with outside lean
holder payments; interest we collect through a certain date and we need to
cut them a check. We need to deal with revisions to the ordinance which we
are going to work on and go forward with. In terms of the Bill List if you
look, the total for the January phone bill is actually the two payments of
the $1,600 and for the December it is actually the two payments of the $1,900.
We have the $2,500 restriction right now that that set up the Ordinance, so
what we did is we have a blanket P.O. set up for these and we actually made
two draw downs so we just wanted to call it to your attention. I spoke to Gary,
and he said that is not any sort of issue, so again I just wanted to call it
to your attention. We need to revise the ordinance going forward.
President Guenther: My only question would be Sherry;
I know your bill approval process especially the telephone
bills are kind of lengthy. It goes through several processes.
But I notice here, that these are both December/January
bills. Was there any unusual reason why the January bill
got delayed so much? Is there any way we could speed up
the process of approval, to not have them be so late.
Ms. Jenkins: I am not really sure. I know that there is
a time constraint certainly when we process purchase orders,
because we have to have the administrator sign it, myself
sign it, the department head has to sign it and that he
has to look over all the bills that were made. You can
see that they are relatively large bills. I know there
was a little bit of a delay in getting that back, which
is really why we needed to process the payment. Not something
that we normally want to go through, but again, we had
talked about the utility payment issue before. So I want
to set it up so that we are revising the Ordinance in going
forward, we’re excluding certain things that have
time constraints that we need to pay. And again, the lean
holder issue, we collect interest through a certain date,
we need to pay them. Obviously with utility we need to
pay them . We don’t want to get to the point where
we are shutting off service because of that.
President Guenther: Okay, so you will have a recommendation
for us on a revision to the ordinance.
Mr. Rattner: I know with certain bills like some of the
utilities because I know when you get a bill they give
you about two weeks to pay, however I want to make sure
that a new ordinance will not allow if it does now, where
you could take a bill and split it in half to get it through.
The way I look at it from internal control, it is a way
to circumvent the procedures. Does that mean if we have
a $10,000 bill you could make five $2,000 payments? That
defeats the whole purpose of having the control.
Ms. Jenkins: That is obviously not our intent.
Mr. Rattner: It’s not the intent; it’s just
bad internal control. I know something like that, you said
you talked to the auditor, however things like that I would
think would be a reportable thing in your audit saying
that they found a way, that they had a $5,000 bill and
they split it in half and paid for it.
Ms. Jenkins: We had a blanket purchase order set up.
Mr. Rattner: A blanket purchase order is something on
a recurring and that is the way you handle those. It would
be better than taking two bills and saying I just arbitrarily
split it in half. I think we should make sure when we revise
the ordinance, and I have to agree that has to be done
as a practical matter that we identify all these issues
so we know exactly what’s going to get paid, what
is not going to get paid.
President Guenther: Well that’s why I think a lot
of these, you know the ordinances were set up many years
ago, and just with inflation and the way telephone services
are, they comprehend so many different things. Fax machines
and telephones. Nobody ever foresaw this when we passed
the original ordinance. So I think that it is apropos to
be looking at this revision.
Mrs. Jenkins: Is there discussion or would there be discussion
as to increasing the amount, changing the $2,500 or is
that something you would want to leave?
Mr. Greenbaum: It doesn’t sound like the $2,500
serves any purpose at this point, if you are just splitting
it into two bills.
Mr. Rattner: Well, I don’t think they should be
Mr. Greenbaum: Then the $2,500 does not serve a purpose
any more. It either needs to be revised or…
President Guenther: Does this only come up in relation
to Verizon or is it an issue with other bills as well?
Mrs. Jenkins: No, utilities and it’s the outside
lean holder payments. When we have redemption of a tax
sale certificate, we collect interest through a certain
date, and we are required to pay the lien holder. We are
required to pay off that money to the lien holder through
a certain time, so again I think that just needs to be
an exception because it is really not our money, we are
collecting it for someone else. It has to go through us
for internal reasons.
President Guenther: If it’s only a couple of incidences,
the lien holder and Verizon where this happens, and in
the case of Verizon, I see here the bills are much more
than $2,500. We’d have to raise the limit to $5,000
which I think we may be uncomfortable with. We are better
off making an exception for these particular people but
not raising the limit, or raising the limit slightly if
that helps out a little bit in inflation. If these are
really the only two cases, it really defeats the purpose
of increasing the limit.
Mrs. Jenkins: As I said in my memo back when I was first
here, I basically said there are really certain things
we need to exclude and certainly utilities, we don’t
have a lot of time to pay and we do need to do that.
Mr. Scapicchio: I think the $2,500 should remain, but
I think that there should be some exceptions and I think
Sherry needs to outline those for us and we can address
that in the revised ordinance.
President Guenther: Any other comments?
Mr. Rattner: I don’t think the $2,500 is the problem,
I think the problem is certain specifics. I think it should
be any other government tax that we collect whether it
be the school board, whether it be the County, Utilities,
those we know could go back to and know where the money
is going so that if there was an issue. They have to have
that flexibility on those bills.
President Guenther: Mr. Greenbaum, would you move the
Bill List please?
Mr. Dorsey: Excuse me, are you also going to move the
extra one, the $175,000 for Dorsey and Fisher? The good
part is it is not for me.
Mr. Rattner: Easy for you to say.
President Guenther: Okay, how do we handle that John,
just add it to the Bill List?
Mr. Dorsey: Yes, the addendum.
Ms. Jenkins: We had gotten a request for that after we
had the Bill List prepared, just so you know.
Mr. Rattner: For the public, I would recommend that somebody
explain since you brought it up what that is for.
Mr. Dorsey: Yes, it is the monies for the purchase of
the Baptist Church, and actually we are purchasing two
parts. One where the main Church is, and the other is a
track of about 23 acres directly across Flanders-Drakestown
Road, and that is the purchase in which Kathy Murphy and
Lisa have brought the church to the point where they can’t
wait to make a significant donation to the preservation
fund, I think the number is $25,000. So we will pay $175,000
and we will be picking up a check to the Mount Olive Preservation
fund unless somebody gives me a different title for $25,000
and apparently it is dedicated to the preservation/restoration
of the church building, which is very historic. The title
searches go back to about 1703; very interesting.
President Guenther: Okay, would you move the Bill List
as amended Mr. Greenbaum?
Mr. Greenbaum: Could I just ask one question about the
Bill List before I do?
Mr. Scapicchio: You have to put it on the table first.
President Guenther: Put it on the table then you can ask
all the questions you want.
Mr. Greenbaum moved for approval of the bill list pages,
1 through 25 and the amendment as discussed on the record.
Mr. Rattner seconded the motion.
Mr. Greenbaum: I had a question Sherry on page 23, of
the bill list, specifically Lakeview LLC $9,400 payment
system improvements, what does that relate to?
Ms. Jenkins: Let me pull it, I don’t want to answer
off the cuff. Just give me minute. It’s labor and
installation for water improvements on Johnson Ave.
Mr. Scapicchio: What water improvements?
Ms. Jenkins: Johnson Avenue water main extension.
Mr. Scapicchio: I thought it was part of the developer’s
agreement and the approval process that they were taking
care of those improvements, weren’t they Earl? Can
we just hold that?
Ms. Jenkins: Could I just read something on here that
mark has attached? I guest this is from the developer,
it says the purchase order should reflect the developer
shall be paid by the Township for the above reference installation
and all material including 25 loads of quarry stone which
is required for this project shall be provided by the Township.
Mr. Spino: It was something he was not required to do?
I would agree we should hold it and check it. I think that
is what it is. It was probably he was not required to do
and we asked him to do.
Mr. Greenbaum: I agree, I think it should be pulled, and
get an explanation from Mark. I don’t have a problem
paying it if that is ultimately what the answer is, something
that Mark needed to have done.
Ms. Jenkins: Okay, so you want to hold it. I just glanced
through everything and I am not seeing what you are looking
for. So you just want further explanation from Mark as
to why the developer?
Mr. Greenbaum: Yes. I have one other question, on page
21 there is payment to Legette Breashere’s and Graham
and my understanding is that they are doing a hydrological
study for the Town. When are we expecting that report?
Mrs. Spencer: We should get it at the end of this month.
The report should show their studies and all of their monthly
monitoring through the end of 2002. They are working on
Mr. Greenbaum: Okay, so expect it at the end of the month?
Mrs. Spencer: That’s what they promised.
Mr. Scapicchio: On page four Bernie, JCP&L; I know
it is a small amount $59.76 but it is for I believe a traffic
light at Route 206 and ITC South. I seem to recall that
AIG/Baker had agreed to pay for that light since it was
at their request, and the light at Goldmine Road which
was being paid for by Roxbury Township was taken out of
service, and this one was put in service.
Mr. Spino: Is that light in Mount Olive?
Mr. Scapicchio: I believe that is Roxbury because that
sign there is Roxbury.
Mr. Spino: I am not sure where the line crosses.
Mrs. Jenkins: What page are you looking at?
Mr. Scapicchio: Page 4, I’m sorry. It’s about
2/3 of the way down, that bill is either Roxbury’s
or AIG/Baker’s. It is not Mount Olive Township. They
are responsible for that light and the signage there.
John do you recall anything about that in the developer’s agreement?
Mr. Dorsey: No there was nothing specific like that in
the developer’s agreement. It may have been in the
Developers agreement by way of incorporation of the Planning
Board Resolution. I guess you have no choice but pay this.
Mr. Scapicchio: But I think somebody from the Administration
really needs to look into that.
Mrs. Jenkins: Why am I remembering that something came
from Lisa on this and we had given it to Frank Dolan because
he handles the coordination the names on the accounts and
what not and all that. We need to follow up with Frank.
Mr. Scapicchio: That whole area is Roxbury, it is not
Mr. Dorsey: David, one thing I do remember, early on,
Smith, in order to get approval to build that road through
Roxbury, we adopted a resolution to agree to maintain that
portion, even though it is in Roxbury. Do you recall that?
Mr. Scapicchio: I remember something about that John,
I do. So would maintain also mean paying for that traffic
Mr. Dorsey: Well, unless there was a special arrangement
attached to that light. That has got to be in the Planning
Board record someplace.
Mr. Greenbaum: I remember, I don’t think I was on
Council at the time, but I remember the issue coming up
about that traffic light. Who would be responsible if the
light got broken? Who would be responsible for the costs
of actually operating that light and I remember that there
was a specific discussion, I don’t remember what
the outcome of that discussion was but it was at Council.
President Guenther: This was even before my time.
Mrs. Lashway: I have some type of agreement and will pull
the file tomorrow.
Mr. Greenbaum: It came up shortly before I was on Council.
President Guenther: Really?
Mrs. Lashway: Yes.
President Guenther: What do we want to do?
Mr. Scapicchio: Leave it there, it is an electric bill,
but it is only $59.00.
Mr. Greenbaum: Bernie I think the issue actually rose
at the time that time they disconnected the Goldmine light
and hooked up the other light.
President Guenther: Okay. Any other comments?
Mrs. Lashway: You have an amendment and you have a second
to the amendment to remove the one for $9400 to Mount Olive
Mr. Greenbaum moved the amended Bill List, Mr. Rattner
seconded the motion.
ROLL CALL: Passed Unanimously
Turkey Brook Park Project Status
Mrs. Spencer: Although there has not been any action to
date. We do have our spring start up meeting scheduled
for this Friday. Representatives from Kyle Conte Construction
along with JCP&L and Schoor DePalma will be in attendance
and will be mapping out their strategy for completing the
President Guenther: When is that meeting?
Mrs. Spencer: Friday at 1:00 pm.
President Guenther: I have a couple things of the items
that we have accumulated here. Just an update on the Old
Municipal Building, we agreed at the time of the meeting
two weeks ago, or whenever was, I guess it was two or
three weeks ago that Gene Buczynski and his group Schoor DePalma would arrange
a meeting with DEP, he told me today that DEP is in such a mess down there,
such organized chaos of whatever it is. They are in turmoil. They have been
very unsuccessful in setting up a meeting. He did say though, as far as getting
a real commitment from them, what he did say is that we put on the table three
options. One was to rehabilitate the building as is, one was to rehabilitate
only the central portion and the third was, what could we build in it’s
place if it was completely knocked President Guenther (cont’d): down.
On the first two, he says he has gotten at least a verbal where there should
not be any problems with doing any of that. In other words, if we decided to
redo the whole building or only, and demolish the wings and keep any portion
of it. That should not be an issue. The issue really is, what can we do if
we were to knock it down completely and start it fresh. I think we sort of
knew that from the beginning. We really haven’t gotten anywhere. He is
going to keep working on it. If I see that this is not going to come to a conclusion
because I understand everywhere that DEP have had all kinds of staff reductions
and really are very difficult to work with. We are just going to have to go
on without them because I think that if we can’t get any clear indication
from them, we are just going to have to make a clear decision on our own. Is
there anybody else that has anything they would like to bring up regarding
old business? Cindy, I just wanted an idea on the sign ordinance revision.
Where do we stand? Are you still waiting for the input from the Mount Olive
Chamber? What have you done internally?
Mrs. Spencer: Actually, Chuck McGroarty reviewed that
ordinance on Friday and I have a report on my desk with
some recommendations and he will want that to be going
to the Planning Board as well as, Bernie I was going to
ask you to take a look at it, because there are some issues
within it, in terms of language and if in fact we want
to change the ordinance to allow the collection of fines
for signs that are not picked up on a timely basis and
that sort of thing. I will get that out tomorrow.
President Guenther: Okay that is all I have for old business.
Mr. Dorsey: I am pleased to report that we staved off,
in the second round, the attempt of AIG/Baker to require
the Township to plow and maintain International Drive South.
Just so everybody is aware, there are now three cases before
the Federal District Court involving International Drive
South. Our case in terms of dollars is perhaps the smallest
case. The largest case is a suit brought by AIG/Baker against
Voller’s which they are claiming $10 million in damages.
Also, dealing not only but primarily with the erection
of the walls and a suit by Voller’s Against AIG/
Baker which I think is in the amount of about $3 million
in which they claim damages and claimed extra as based
upon the contracts they entered into with Voller’s.
John Horan was very much against Voller’s stands
up and says, the walls are terrible, they’re all
falling down. I took Gene Buczynski with me today because
I was prepared to put him on the witness stand because
Gene does have a professional engineering license and they
keep on submitting these reports and certifications from
project managers who are not P.E.’s and Gene brought
in a series of pictures and David surely would have like
to have seen them because it gives a much better picture
than one can describe. These walls as you know are not
the walls you see above the ground. We are talking about
the walls that are 20 feet high that are below the elevation
and grade of the road and like this; hold the subsurface