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?

ADMINISTRATIVE MATTERS

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 much.

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.

PUBLIC PORTION

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 first.

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 allowed.

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 it now.

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 Mt. Olive.

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 light?

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 Lakeview?

Mr. Greenbaum moved the amended Bill List, Mr. Rattner seconded the motion.

ROLL CALL: Passed Unanimously

OLD BUSINESS

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 park.

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.

NEW BUSINESS

LEGAL MATTERS

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

 

 

2012 Mount Olive Township. All rights reserved.