Township Council Minutes
May 27, 2003
PLEDGE OF ALLEGIANCE
The Regular Meeting of the Mount Olive Township Council
was called to order at 7:30pm by Council President Guenther
with the Pledge of Allegiance to the Flag.
MOMENT OF REFLECTION in recognition of the men and women
fighting terrorism and those who have lost their lives
defending the freedom we all enjoy
OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT
According to the Open Public Meetings Act, adequate Notice
of this Meeting has been given to the Morristown Daily
Record. Notice has been posted at in the Municipal Building,
204 Flanders-Drakestown Road, Mt. Olive, New Jersey, and
notices were sent to those requesting the same.
ROLL CALL: Present: Mr. Spino, Mrs. Miller, Mr. Perkins,
Mr. Scapicchio, President Guenther
Absent: Mr. Rattner, Mr. Greenbaum
ALSO PRESENT: Mayor Paul Licitra; Cynthia Spencer, Business
Administrator; Sherry Jenkins, CFO; Lisa Lashway, Township
Clerk; John Dorsey, Township Attorney, Gary Higgins, Township
PUBLIC COMMENT PERIOD
Award of scholarship to Jason Furbert from the Finance
Sherry Jenkins: This is our second year actually that
we are doing this scholarship award. We got a number of
applications in and we are very pleased and proud that
Jason applied and we are just really impressed with the
application that he wrote. I was going to read it but I
don’t want to embarrass him. He embodies a lot of
great qualities and has really accomplished a lot and we
are just very happy to be able to award him this scholarship
and we wish you the best of luck. Unfortunately, by partner
in crime, Jack Marchione, his anniversary is tonight so
he is not able to be here. I will actually read the resolution.
WHEREAS the Mayor and Township Council Adopted a Resolution
adopting the creation of a Finance Department Scholarship
award on behalf of the Township and;
WHEREAS the Finance Department has received scholarship
applications and formed a committed to review said applications
and make a determination for award and;
WHEREAS the scholarship committee has unanimously agreed
to nominate Jason Furbert for the Department’s second
scholarship award based upon his educational achievements
and his extensive involvement in various organizations
that reflect a true sense of his leadership abilities and
his desire to set forth an example of the best of our youth.
NOW THEREFORE BE IT RESOLVED that the Finance Department
is pleased to present Jason Furbert with the second scholarship
award and wishes success in his future endeavors.
Mayor Licitra: This award is given by Ms. Jenkins and
her committee who puts the money in herself. It started
last year, it is something that she has given back to the
Township from herself and we appreciate it very much. Jason,
we are very proud of you for sure. Jason took his first
lesson in Finance because I asked him what college he is
going to. He is going to Rutgers, which is an excellent
college. And after putting three children through college,
it is very affordable considering the other ones. So we
are very proud of you for staying in New Jersey.
Jason Furbert: I would like to thank my parents. Without
them I would not be as knowledgeable and as dedicated as
I am today and this is just the beginning. Thank you very
Pee Wee Ice Hockey Team
Mayor Licitra: We have made a tradition of honoring not
only a lot of our groups, but especially some groups in
our Township that were lucky enough and worked hard enough
and have shown a winning spirit and won a
Mayor Licitra (cont’d): championship. The holistic
approach is that everybody compete and everybody compete
well. We are competing a lot more. I think our high school
team has shown the way to a lot of our other organizations
in town and we are doing this gladfully more and more.
Winners breed other winners. I think we are seeing it more
and more as we see the certificates we give out. But it
is our pleasure to honor the 2002-2003 Pee Wee Division
Playoff Champions. I am going to bring your head coach
up without embarrassing Bob Ashley because I knew him when
he was much younger than you were believe it or not. And
he used to play hockey in front of his grandfather’s
store over on Hillside Ave. There was always a Hockey Game
going over there. No matter what time of day and night.
Why should I embarrass you Scott, come on up and introduce
your team and what a great job you did.
Coach Bob Ashley: Thanks to the Township of Mount Olive
for having us up tonight. I appreciate it. You might get
used to seeing these guys’ faces around, they are
a talented group of Hockey Players and they are going to
be good for years to come. They represented Mount Olive
very well. At time Ice Hockey could be a tough sport to
keep your temper about you, but these boys all did an excellent
job at that and they are just a good group of kids. I am
not going to sit up here and talk all night, so we could
all get home and watch the Devils Game.
Assistant Coach Buddy Shakespeare Assistant Coach John
Alexander Stephen Harrison
Anthony Verrone Doug Taylor Kyle Shakespeare
Timothy Cuserove Austin Knox Johnny Persisto
William Harrison Stephen Harrs Timmy Geiger
Alex Frankel Eric Doltz Chris Dempsy
Anthony Bruno Brian Velocca Daniel Alexander
Mayor Licitra: I look at the kids, but I also look at
the coaches, I have always said, no matter how many years,
and I have been in the town 31 years, there is a special
place in heaven for hockey coaches and hockey players because
the times that you have to be out at night, the running
around, the equipment you have to buy; that isn’t
always reimbursed by the Township. It takes a special person
to be not only a hockey player, but a coach and also a
hockey parent, so I am sure the young people over here
and the entire Council will join me when I say, thank you
very much to all the parents and hockey players for helping
us. God Bless You. I do have one special award. There are
people in the Township that set themselves head and shoulders
above other people for their dedication and that is what
Mount Olive is all about. I think Mount Olive is about
our Volunteers. As I said many times, Volunteer, whether
they be at the firehouse or the first aid squad or on the
field, they are the lifeblood. They are what makes Mount
Olive work well. When you find somebody that puts in a
couple of years, that’s one thing. I look at Buddy
Shakespeare out in the audience, as a former president
of a league, I know what it is to give up your life for
three full months out of the year, because that is all
you do with your life and your family and everything revolves
around your commitment to the league. Your yard is not
the nicest, a meal is something that McDonald creates,
but when somebody puts 30 years in anything, that’s
dedication; that is a special persona and we would like
to honor them.
I have a proclamation honoring Bob Peters.
Mayor Licitra: Whereas, Bob Peters has decided to retired
after 30 years of coaching Mount Olive youth; and Whereas,
Bob Peters has had a long history in Mount Olive Township
and the Recreation Leagues; and Whereas, through the years,
Bob has coached the midget, varsity and pee-wee divisions
of the Mount Olive Youth Hockey League as well as the Mount
Olive High School Ice Hockey Team from 1983 through 1996;
Whereas, under Bob’s leadership the high school team
won every championship in the Colonial Division; and
Whereas, Mount Olive wishes to recognize and thank Bob
for his years of service to our youth.
Nw, Therefore Be It Resolved, that on behalf of the Township
of Mount Olive, I, Mayor Paul R. Licitra, do hereby proclaim
Wednesday, May 28, 2003 as Bob Peters Day in the Township
of Mount Olive and extend my personal well wishes for a
healthy and happy retirement.
Mrs. Miller: Bob, I would like to say a special thanks
to you because my son was one of your hockey players. He
started out as a water boy, he couldn’t skate at
all and you allowed him to follow the team around and you
allowed him to practice. He learned to skate, and he was
your team captain in 1988. I was so proud of him because
you allowed him to continue. He went on in the army and
played hockey when he was in Korea, they were forming a
Korean Hockey Team and he got to play with them and he
played hockey in Seattle when he was in the army and I
just really have fond memories of all those Hockey games
and driving at 3:00 in the morning and dropping them off
and picking them up at six before I went for my bus runs.
So I know what you went through and I saw what you did
for my son, and if you did half that much for anyone else
in the Community you are worth your weight in gold.
Bob Peters: Thank you very much. I have fun doing it,
and that’s why I keep doing it.
President Guenther: Okay, there has been a slight change
in the agenda, we are going to move up the Public Hearing
and resolution to adopt it, the 2003 Budget before old
business as well as the 2003 Solid Waste District Collection
1. Public Hearing & Resolution to Adopt 2003 Budget
Gary Higgins, Township Auditor: Good evening everyone.
As Trenton requires, we scheduled a Public Hearing this
evening on the 2003 Municipal Budget. We have been given
clearance by the Division of Local Government to adopt
the budget after the public hearing if you wish to or you
always have the choice of amending. I believe that the
Governing Body has indicated that they would like to go
forth and adopt the Budget as is, unless something dramatic
happens at the Public Hearing. So it would be appropriate
at this time to have the Public Hearing on the Current
President Guenther opened the Hearing to the Public.
Bob Elms, Budd Lake: I understand we are supposed to have
the same tax rate this year, and in order to achieve that
we have moved $3 million out of surplus and we got another
half a million or thereabouts in additional tax ratables
income. Can anybody tell me where that $3.5 million is
being spent because the departments where all asked to
decrease their budgets as were the Rescue and Fire Departments?
Mr. Higgins: The Budget in 2002 had $2,559,000.00 in surplus
funds anticipated as a revenue to balance the budget. So
the only additional amount you would be speaking about
is the difference between the $3,361,000.00 anticipated
as a revenue in 2003 compared to 2002, because we just
have to fill the same Revenue void from the prior year.
So there is not an additional $3.5 million in money in
this budget based upon the surplus balance anticipated
Mr. Elms: The original budget had something like $3.6
or $3.9 million in surplus.
Mr. Higgins: The budget as presented this evening is the
original budget as introduced by the Governing Body and
it is $3,361,000.00.
Ms. Jenkins: The ending surplus balance was almost $4,000,000.
Mr. Higgins: But we are not using that entire surplus.
Mr. Elms: But we are using $3 million plus on it.
Mr. Higgins: Right.
Mr. Elms: And we also got an additional $450,000 in additional
income from the increased rateables in town.
Ms. Jenkins: It was about $425,000.
Mr. Higgins: That’s being utilized to stabilize
the rate. There are some increases in the budget, is that
what you are looking at to find, what went up?
Mr. Elms: Where are we spending that $3 million plus?
Mr. Higgins: We also have some revenue decreases too.
You have to realize if you increase the surplus, which
is an additional revenue, it could be the combination of
appropriation increases, plus other revenue decreases.
Ms. Jenkins: I could tell you that just debt service alone
went up $600,000. That is the largest increase.
Mr. Elms: That’s because we are spending more money
in bonds and whatever?
Ms. Jenkins: Well, we went out to bond last year so we
have our first principle payment this year on that. So
the largest increase is coming from that line.
Mr. Higgins: Just as a side note to what I said, delinquent
tax revenue is down by $60,000, so that delinquent tax
revenue decreases is offset by additional surplus appropriated.
So there are plusses and minuses on both sides of the revenue
and appropriation ledger which equate to the increase in
Mr. Elms: But when we have an increase in tax ratables
of $77 million, we should hopefully be seeing some kind
of a tax decrease.
Ms. Jenkins: $77 million equate to a little over $400,000
and that basically covered a good portion of the negotiated
salary increases that we had for this year.
Mr. Elms: We also let some people go this year? No?
Ms. Jenkins: Part timers.
President Guenther: Any further comments from the public?
Seeing none, I’ll close the public hearing.
BE IT RESOLVED by the Governing Body of the Township of
Mount Olive in the County of Morris that the budget hereinbefore
set forth is hereby adopted and shall constitute an appropriation
for the purposes stated of the sums therein set forth as
appropriations and authorization in the amount of $10,870,956.00
for Municipal Tax purposes. Total revenues will equate
to $19,459,305.00. Total appropriations equate to $19,459,305.00
.It is hereby certified that the within budget is a true
copy of the budget finally adopted by resolution of the
governing body on the 27th day of May 2003. It is further
certified that each item of revenue and appropriation is
set forth in the same amount and by the same title as appeared
in the 2003 approved budget and all amendments thereto,
if any, which have been previously approved by the Director
of the Division of Local Government Services.
Mr. Spino moved the adoption of the budget as stated.
Mrs. Miller seconded the motion.
President Guenther: Council Comments?
ROLL CALL: Passed Unanimously.
2. Resolution to Adopt 2003 Solid Waste District Collection
President Guenther opened the public hearing on Resolution
to Adopt 2003 Solid Waste District Collection Budget. Seeing
none, Mr. Higgins would you please read this into the record?
Mr. Higgins: The same instance as the regular budget,
we have been given approval by the Division of Local Government
also to adopt this. BE IT RESOLVED that the Governing Body
of the Township of Mount Olive, County of Morris that the
Budget hereinbefore set forth is hereby adopted and should
constitute an appropriation for the purposes stated of
the sums therein set forth as appropriations and authorization
in the amount of $1,139,000.00 for amount to be raised
by taxation for Solid Waste Collection District. Total
revenues will equate to $2,279,465.00. Total appropriations
equate to $2,279,465.00. It is hereby certified that the
within budget is a true copy of the budget finally adopted
by resolution of the Governing Body on the 27th day of
May 2003. It is further certified that each item of revenue
and appropriation is set forth in the same amount and by
the same title as appeared in the 2003 approved budget
and all amendments thereto, if any, which have been previously
approved by the Director of the Division of Local Government
Mr. Spino moved that the budget be approved as stated
by the Township Auditor. Mrs. Miller seconded the motion.
ROLL CALL: Passed Unanimously.
President Guenther: We are also going to open the Ordinance
#24-2003 for public hearing.
ORDINANCES FOR PUBLIC HEARING
Ord.#24-2003 Bond Ordinance Providing for Various Capital
Improvements of the Township of Mount Olive,
in the County of Morris, New Jersey, Appropriating the
Aggregate Amount of $1,968,418
Therefor and Authorizing the Issuance of $1,870,000 Bonds
or Notes of the Township to Finance
Part of the Cost Thereof.
President Guenther opened the public hearing on Ord. #24-2003.
President Guenther closed the public hearing on Ord. #24-2003.
Mr. Scapicchio moved for adoption and final passage of
Ord. #24-2003, Mr. Perkins seconded the motion.
President Guenther: Council discussion? Seeing none.
ROLL CALL: Passed Unanimously.
President Guenther declared Ordinance #24-2003 as passed
on second reading and hereby directed the Clerk to forward
a copy of same to the Mayor and publish the notice of
adoption as required by law.
President Guenther: We’ll go back to the regular
order of things. The next agenda item is old business.
Turkey Brook Park Project Status
Mrs. Spencer: Consolidated Building Corporation; the masonry
walls have been put up on both buildings. When it was realized
that a small retaining wall was needed by the soccer restroom,
we were able to use the existing leftover block from other
retaining walls on the grounds, and CBC constructed the
necessary structure. The wood framing for the baseball
tower has been started. By end of this week expected masonry
for the baseball tower to be completed with the exception
of the chase walls. However all exterior walls should be
up. By end of week, the soccer building will be water tight.
By end of next week, all exterior carpentry on the soccer
building should be completed. Roofing shingles have been
dropped off to the site and the roofing will begin at the
end of next week. The rain over the last week has caused
some delays, but the builder says they will work Saturdays
to try to make up the lost time. In terms of Kyle Conti
Construction, they finished laying the sod on the sand-based
soccer field last Wednesday, but due to the original dryness
followed by numerous days of rain, it is uncertain as to
the success of establishing the fully laid field. There
may be portions that will need to be replaced and Jim and
his staff will stay on top of it. In terms of the wells,
power has been provided to both wells and the Static Water
Tests, to be run by Sentry Pumps, will be conducted June
2nd and 3rd. The Barn Refurbishing, in-house work on the
barn repair has been continuing on the replacement stone
masonry, 90% is now completed, but due to the rain, work
has been delayed. Next week we hope to have the roofing
quotes for consideration by Council. One final item, I
believe at the last meeting Mr. Rattner brought to the
Council the issue of a request to fund $25,000 to cover
the water, sewer and electric utilities running to the
two concession stands and he represented to me that Council
agreed that if in fact there was money in the Turkey Brook
account that you would be in favor of allowing Consolidated
Building to go ahead with that. Sherry has completed the
review of the account. We looked at it, there is currently
$114,868.00 of fee balance in the ordinances collectively.
We have been able to get Consolidated to bring down their
price quotes from $33,000 and so we are looking for $25,000
to cover those utilities.
President Guenther: Did you finally have that meeting
Mrs. Spencer: Yes we did, last Tuesday.
President Guenther: And all the issues were resolved?
Mrs. Spencer: Yes there were.
President Guenther: This is the result of it?
Mrs. Spencer: Yes.
President Guenther: I just wanted to add to that, today
we had a visit from the Morris County Heritage Commission
to not only the Seward Mansion, but also the Baptist Church
property and we are going to go back with a recommendation.
I guess there is a presentation we have to make to them
to get money to at least do the architectural study and
see where we go from there with the Seward Mansion. So
we are making progress and hopefully getting some money
from the County to help restore that building.
Old Municipal Building
President Guenther: I guess we are really waiting for
Joe Di Maria in August, correct?
Mrs. Spencer: Correct.
President Guenther: Questions on Bill List?
Mr. Dorsey: I think some of you will recall, about two
weeks ago we discussed the Paragano project and there was
some discussion, I understand it was somewhat confusing
as to whether or not Paragano was going to be required
to provide in accordance with COAH regulations, it appears
that if that was a question at the time of resolution when
it was adopted, it appears that they are not going to provide
those and in lieu thereof are paying about $100,000 under
the mandatory development ordinance fee. So there will
not be any beds there controlled by COAH, I don’t
believe COAH controls assisted living beds. So they are
simply $100,000 under the mandatory development fee.
President Guenther: Is there some mechanism for control
regarding the rates that they charge, because there is
some State Financing involved in the project?
Mr. Dorsey: But I don’t believe the State Financing
is requiring them to provide any COAH regulated units.
President Guenther: But I thought there was some sort
of ceiling on the prices that they can charge because of
the low cost loan that they receive.
Mr. Dorsey: That’s something else. I don’t
know who’s department that is but somebody is going
to have to contact him and see exactly what his rates are
going to be. I understand from Russ Brown, he is about
2 weeks away from getting his final CO. Maybe Lisa could
write and ask what their rate schedule is going to be.
President Guenther: Cindy, could you have the Planning
Department check on their approvals. I seem to faintly
remember something along these lines when they came in
front of the Board of Adjustment many years ago, as to
what the conditions of the approvals were, that there were
any provisions in there at all as to the range of rents
we were going to charge if the State had any say in that
at all because the financing that they receive from the
Mrs. Spencer: I will check.
President Guenther: Okay, thank you. So I think that is
the question that came up, what kind of rates we were charging
and if it was really affordable to residents in Mount Olive.
Any comments from Council on any items of correspondence?
APPROVAL OF MINUTES OF PREVIOUS MEETINGS:
February 25, 2003 Present: Mr. Rattner, Mrs. Miller, Mr.
Perkins, Mr. Spino, Mr. Greenbaum, Mr. Scapicchio, President
May 13, 2003 CS Present: Mr. Guenther, Mr. Perkins, Mr.
Rattner (First session only of three), Mrs. Miller, Mr.
Greenbaum, Mr. Scapicchio
Absent: Mr. Spino, Mr. Rattner (left at 9:25)
May 20, 2003 CS Present: Mr. Guenther, Mr. Perkins, Mr.
Rattner, Mrs. Miller, Mr. Greenbaum, Mr. Scapicchio, Mr.
Mrs. Miller moved for the approval of the minutes, Mr.
Perkins seconded that motion.
ROLL CALL: Passed Unanimously with the exception of Mr.
Spino, abstained on May 13th and
May 20, 2003.
Letters from Residents
1. E-mail received May 21, 2003, from Charlene Miller
regarding road hazard.
Council on Affordable Housing (COAH)
2. Monthly newsletter received May 12, 2003, from the
Council on Affordable Housing.
League of Municipalities
3. Email received May 12, 2003 from the League of Municipalities
regarding Cap Relief for Assembly Vote.
4. Email received May 15, 2003 from the League of Municipalities
regarding State Budget Issues.
5. Email received May 16, 2003 from the League of Municipalities
regarding Cap Relief (S-906).
6. Legislative Bulletin received May 22, 2003, from New
Jersey State League of Municipalities regarding Bills that
were enacted as Public Laws of 2003.
7. E-mail received May 22, 2003, from New Jersey State
League of Municipalities regarding Property Tax Convention.
8. Letter received May 16, 2003 from the New Jersey Department
of Environmental Protection regarding a Site Investigation
Report for Budd Lake Tire.
9. Letter received May 19, 2003, from the State of New
Jersey, Department of Environmental Protection regarding “Construction
Only” Permit for Applied Water Management, Inc.Location
of Activity: at the East Of Route 46 and South of Gold
10. Letter received May 21, 2003, from the State of New
Jersey, Department of Environmental Protection regarding
Draft Surface Water Major Mod Permit Action.
Correspondence from Organizations / Committees / Boards
11. Letter received May 12, 2003 from the Alliance for
Action Inc. regarding the 2002 Annual Report.
12. Letter received regarding a class to be held Friday
June 6, 2003. “State vs. Local Development: The Ongoing
Struggle for Control”.
13. Notice received May 19, 2003, from the County of Morris,
Department of Planning and Development regarding June 12th
14. Minutes received May 20, 2003, from the Morris County
Planning Board regarding the March 20, 2003 meeting.
15. Letter received May 23, 2003, from the State of New
Jersey, Department of Law and Public Safety, Division of
Alcoholic Beverage Control regarding Request for Special
Ruling to Permit Renewal of Inactive License 2003-2004
term Lic. No. 1427-33-019-004.
16. Minutes received May 16, 2003 from the regular Musconetcong
Sewage Authority meeting which took place on April 2, 2003.
17. MSA Audit received May 19, 2003, from the Musconetcong
Sewerage Authority regarding Audit for 2002.
18. Tort Claim received May 9, 2003 from Attorney Richard
Gutman regarding an Order to Show Cause under the Open
Public Records Act. (“OPRA”).
President Guenther stated there were 18 items of correspondence
on the Agenda and asked if Council had any comments on
same? Seeing none.
ORDINANCES FOR FIRST READING
CONSENT RESOLUTIONS AGENDA:
Resolutions on the Consent Agenda List are considered
to be routine and non-controversial by the Township Council
and will be approved by one motion (one vote). There will
be no separate discussion or debate on each of these resolutions
except for the possibility of brief clarifying statements
that may be offered. If one or more Council member requests,
any individual resolution on the Consent Agenda may be
removed from the Consent Agenda List and acted on separately.
President Guenther: Is there anybody who wishes to take
talk about any of the following resolutions separately?
Mr. Dorsey: I just want to point out that the Toll Brothers
Developer’s Agreements have gone through a whole
series of revisions thanks to Mrs. Miller, I got the right
language in there in connection with the Wetland remediation
and more thanks indeed to Mr. Perkins who brought a new
policy in connection with the water. It appears now that
the Township will collect rents from day 1 in terms of
the new customers, and it would appear that Toll Brothers
has accepted that revision in our policy in this connection
with the water. Now after we adopt the resolutions, Lisa
will advise them that the resolutions have been adopted.
The actual agreements do not get executed until they submit
a whole series of documents required by the resolution.
But they are now in the works and once they are approved,
the process will continue.
3. Resolution of the Township Council of the Township
of Mount Olive Authorizing a Developer’s Agreement
Between the Township and Toll Brothers, LLC Morris Hunt
4. Resolution of the Township Council of the Township
of Mount Olive Authorizing a Developer’s Agreement
Between the Township and Toll Brothers, LLC Morris Hunt
5. Resolution of the Township Council of the Township
of Mount Olive Authorizing a Developer’s Agreement
Between the Township and Toll Brothers, LLC Morris Hunt
6. Resolution of the Township Council of the Township
of Mount Olive Authorizing a Dedication by Rider for Donations
for Character Education.
7. Resolution of the Township of Mount Olive Authorizing
the Use of Various Purchasing Contracts.
8. Resolution of the Township Council of the Township
of Mount Olive Authorizing a Developer’s Agreement
Between the Township and Les Smith & Ben Dellamo. (Callaremi
MOTION TO APPROVE CONSENT RESOLUTIONS AGENDA
Mr. Spino moved Resolutions 3 through 8, Mrs. Miller seconded
PUBLIC PORTION ON CONSENT RESOLUTIONS – none
President Guenther: Any comments from the public?
ROLL CALL: Passed Unanimously.
RESOLUTIONS NON CONSENT
9. Resolution of the Township Council of the Township
of Mount Olive Authorizing a Change Order for Turkey Brook
Park in the Amount of $10,783.00 and the Deduction of $65,000
from the Contract for the Purchase of Athletic Field Items.
Mr. Perkins moved for approval of Non-Consent Resolution
Number 9. Mr. Spino seconded the motion.
PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS - none
COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS
Mr. Scapicchio: Bernie, someone was going to look into
whether or not a $65,000 allowance for the purchase of
athletic field items was inclusive of profit and overhead,
or that was strictly an allowance based on a net cost to
the contactor. We had that discussion when this came up
President Guenther: I’m not sure who was going to
look into that, maybe Jim Lynch?
Mr. Lynch: Mr. Scapicchio, I apologize, I do not have that
information with me tonight.
Mr. Scapicchio: Jim, is there a problem if we take that
off this week until we get that information?
Mrs. Spencer: It is really a matter of timing in terms
of placing the order and getting it in. The best is that
Jim and his recreation staff have done all of the research
and have identified all of the articles that need to be
purchased. This is just a guarantee that we get to use
every penny of the $65,000 for the purchase of the apparatus
that is needed. We have already identified it and we were
just going to hand over the spec books and everything else
Mr. Scapicchio: I understand that. My issue was that there
is a percentage dedicated to profit and overhead that is
outside of the $65,000. If we are taking the responsibility
away from him, I think he should be giving us…
Mrs. Spencer: I do not believe that is true.
Mr. Lynch: I will get you the answer Mr. Scapicchio. I
Mr. Scapicchio: Somebody needs to find the paragraph in
the contract that may or may not specify that.
Mr. Lynch: I will find out, I am sorry I did not have
it for you this week.
Mrs. Spencer: He actually indicated to us that it was
within the $65,000.
President Guenther: Are we agreed to withdraw this, to
take this off for a vote tonight? Are we agreed?
Mrs. Lashway: The next meeting is June 17, 2003.
Mr. Scapicchio: I’ll move forward with it if they
are telling me time is of the essence.
Mrs. Lashway: Well you can make a motion to approve contingent
Mr. Dorsey: Lisa has it right, why don’t we approve
the resolution subject to verification to the Council President
from Jim Lynch that the $65,000 was a specific dollar allotment
in the contract.
Mr. Scapicchio: I’m satisfied with that.
Mr. Spino moved the amendment to the resolution to include
the Statement by Mr. Dorsey; Mr. Perkins seconded the motion.
President Guenther: We will now move the resolution as
amended, meaning we will pass this contingent upon the
Buildings and Grounds Department providing the information
as to the $65,000 as heretofore detailed by our Counsel.
ROLL CALL: Passed Unanimously.
1. Bill List
Mr. Scapicchio made a motion to approve the Bill List
as presented this evening. Mrs. Miller seconded the motion.
President Guenther: Any comments? Seeing none.
ROLL CALL: Passed Unanimously.
2. Approval of Raffle Application #1081 for the North
Jersey Street Rod Charity Group.
Mrs. Miller moved for approval of the Raffle Application,
Mr. Scapicchio seconded the motion.
President Guenther: Any discussion? Seeing none.
ROLL CALL: Passed Unanimously.
Mr. Guenther: There is no report, although we did have
a meeting with the Superintendent of Schools, the Principal
of the High School and the video department to investigate
again the possibility again of doing the video taping of
the Mayor’s program in-house. It was emphasized to
us both by the head of the video department and the Principal
that it’s really impractical at this time for various
reasons. I was there when she personally stated that the
price we are actually getting from Excalibur Productions
is an extremely excellent price. The program is three years
old, they have I think five basic classes and two advanced
classes. She felt only the one advanced class, that the
students in that would be qualified to do it, and even
then it would require a lot of input from her. The main
problem they have from year to year is the number of students
participating in the courses can fluctuate wildly. For
example in that advanced course, one year they could have
six people in there and the next year they could have two.
If we are dependent on them to this, they could not possibly
do it. Plus they really don’t have the equipment
that is being used by the professionals, not only in the
studio, but out on site, so we agree to revisit it in time
as the program progresses, that they are hoping obviously
that there will be more interest generated in the program
and that there will be more classes with a larger number
of students, especially the advanced students. Then maybe
we could look at it again as a possibility of something
down the road, once their programming school is advanced.
I felt we gave it a thorough review and it is just not
practical to do at this time.
Board of Health Report
Mr. Perkins: There was not meeting this past month, we
have a meeting coming up next week.
Planning Board Report
Mr. Greenbaum not present for report.
Open Space Committee Report
Mrs. Miller: No report.
Legislative Committee Report
Mr. Spino: No report.
Pride Committee Report
Mr. Perkins: Nothing really to report at this time. The
Parade got rained out which is mostly what the Pride Committee
was working on. The awards will still be made to the High
School and Middle School participants that were the winners
for the “What Memorial Day Means to Me Essay.” They
will still be getting their savings bonds and their certificates
and everything else will be held off again until next year.
President Guenther: Okay, thank you Mr. Perkins.
Master Plan Committee Report
Mr. Scapicchio: The only thing to report is that the Master
Plan Committee is going to hold another meeting, I believe
June 11, 2003, to discuss the Cluster Ordinance and the
amendment or changes to that. Then I believe that once
that is done, that plan amendment will go to the Planning
Board and from the Planning Board it will come to the Governing
Body for adoption.
Mr. Dorsey: The Master Plan is actually adopted by the
Planning Board. It then becomes your work plan from which
you will adopt zoning ordinances so that all property is
zoned presumably in compliance with the Master Plan.
Mr. Guenther: Dave a question came up tonight when we
were touring these two sites with the Heritage Commission
from the County, is there a historical element at all to
the new Master Plan, any historic districts or any provisions
for historic preservation?
Mr. Scapicchio: I believe there is, do you know of any
of the specifics Earl?
Mr. Spino: There is an historical element in there, we
don’t have a true historic district where the Historic
Society or some organization like that has jurisdiction
over what goes on, but there are historic sections in town.
They are identified but there is no historical power what
would oversee that.
President Guenther: Well I understand that to be able
to have that kind of jurisdiction, you needed a Town Historian.
Okay, thank you.
Library Report/Construction Project
Mr. Scapicchio: We have the library Board of Trustee Representatives
here, we have Gerry Sheard, the Library Board President.
As Council is aware, several weeks ago, we passed a resolution
on the recommendation of our professionals. There was significant
discussion at the Library Board Meeting last week. There
are several issues that Gerry would like to address to
the Council relative to that resolution. With that, I will
pass that on to Gerry.
Gerry Sheard, Library Board President: To start off, the
Library Board had requested a committee meeting, not for
the full Council and this was only a draft that we had
put down, I have not gotten all the remarks back from the
Board Members. I do have a copy of the draft. I will pass
that to the Council Members, but it is only a draft, it
is not a final report. We are still doing some homework
on it, including with the State because we found out there
are also some other problems involved with the State. But
the reason I asked to be put on the Agenda like I mentioned
at the meeting, is to give you a periodic update on what
is going on. The action is going. If anybody has looked
at it, we have broken ground. We have had temporary water
and sewer work done. Electric is being done. We put the
track in for the tires which we hope is okay which is one
of our big concerns because we don’t want to put
mud out onto the driveway. The fence is being installed,
the site is being cleaned up. Tree removal, we did remove
some trees, we put them aside for Mr. Lynch to pick up
whenever he can. I believe it is because he did not have
time to get to them in sufficient time for us to do the
land clearing. We are stripping off the top soil and piling
that up so that we can keep that. Permits are under review
right now. Some of them have already been brought in, but
the building footprint has been staked out. Coming up,
we will be starting the basement excavation, the ball of
soil, for the basement, the rough grading for the building
site and the layout of the storm sewers. Construction fencing
should be going in, you should see that coming in anytime
now. A gate will be put up across for security. The Police
will have a key to that gate. The relocation of the existing
electrical poles, I am not sure where we exactly stand
on that, but it will be done within the next couple of
weeks. So that is where we stand, it is going pretty good.
We have construction meetings approximately every two weeks.
The next one will be in June.
Mr. Dorsey: Rita and I worked fairly closely in getting
the contract awarded. Blackstone did give us what we needed,
a revision in their payment performance bonds. But I wrote
them a letter asking for some changes in their certificate
of insurance. Did they ever get back to you on that Rita?
Rita Hilbert: No in fact at the construction meeting they
said that they would address it directly to me.
Mr. Dorsey: Okay, we are still waiting for that because
the thing that I was particularly interested in was that
their insurance policies showing the Township and its officials
also as insured parties because they are supposed to do
that under the bid specs.
Mr. Sheard: Just a paper thing that they have to do as
a named insured on the policy and we have not heard back,
that’s why it hadn’t been signed yet.
Mr. Dorsey: Before you pay the first voucher, make sure
you get that.
Mr. Sheard: Right, that will be done. I thank you for
the comments you made on the contract that we sent to you
at the review. Other than that, that is where we stand
right now, as I said as far as the other comments, I do
have a copy of the draft if you want to pass it out. We
have our building committee meeting with several members
of both groups to discuss some of the things that are coming
up. We have two big things coming up, and again, I wish
someone from the School Board was here. We have the concert
on the lawn coming up June 1st, this coming Sunday. The
music is by the kids from the school system. It is open
to the public. Then of course we do help them get their
exams through so we have “cram the exam” coming
up June 16th and 17th after the library hours. So the kids
from High School and Junior High come over and start cramming
for the exam. Any questions?
Mr. Scapicchio: Two things. First, when are we going to
set up one of those committee meetings, there are some
issues that need to be addressed sooner rather than later.
I raised that because there was a lengthy discussion at
the Library Board meeting and I know that you folks were
Mr. Sheard: We’ll we are still getting information
from the State too on that.
Mr. Scapicchio: There were some issues that you wanted
to address last week but you were out of Town so we scheduled
it for tonight. We originally thought that it was something
we could discuss in executive session. Mr. Dorsey determined
that it wasn’t.
Mr. Sheard: That’s why we wanted the committee to
do it first so we know where we are going, I’ll get
back to you on that and we will set it up.
Mr. Scapicchio: The other issue was that Sherry and Gary
did some research and I don’t know if they want to
address that tonight or they want to be part of that committee
Mr. Dorsey: It would be best if they were part of the
committee meeting. I think we should get Gerry’s
report in final form and then we’ll respond.
Mr. Scapicchio: Fine.
Bob Elms, Budd Lake: I have a number of items. At the
last workshop meeting Rob Greenbaum asked about that $100.00
fee for the concessions for Turkey Brook Park opening.
I asked to have the minutes reviewed as to what was said
the previous time.
Mrs. Lashway: The minutes were prepared, he came in and
he read them. I think he expected to be here tonight. It
was a last minute thing that came up, why he wasn’t
here. He did not give us any comment. He asked for the
minutes to be typed up and he read them.
Mr. Elms: Okay. On that one we will wait for him to show
up. Rumble strips on Smithtown Road – they were put
on, they were taken off and shortened and now they are
gone and we are hoping that they are gone forever. Did
that have anything to do with your email, Charlene?
President Guenther: Let me comment on that. It was an
email from a resident that went to the Chief of Police
and we all got a copy of it and we were all very stunned
by the fact that this was done without the knowledge of
anybody, as I know it, even the Administration. I know
I had an apology from the Road Department. They apologized
that they did this. In the past, when the Police Department
contacted them, all the proper clearances had been done
but apparently they had not been done. We certainly weren’t
aware of it. I think they have instituted some new procedures
where this kind of thing is not going to happen again just
on the say so of one person saying, Okay, we’ve got
to put rumble strips in here. We’ve got to do this – that
effects traffic. Notwithstanding the fact that apparently
that intersection is a major problem and maybe what we
should do is talk about it in detail at some session, get
a report from the police as to how serious it is and consider
what should be done.
Mr. Elms: Bernie, if people can’t see those enlarged
stop signs, there’s nothing you are going to do to
make them stop. I think, as a resident there, I’ve
stopped at the stop sign and had somebody come in from
Sandshore Road and take the front end off my Jeep. It is
an intersection that needs attention but that kind of attention
it doesn’t need because I’ve heard comments
from people that this is going to shake their car apart
and I went over it several times with my Explorer and I
just had the front end fixed up and I don’t want
any more of it. I would like some assurance that that is
not going to happen again up there on Smithtown Road.
President Guenther: It won’t. That’s all I
can say. I think, Cindy, what I would like to do at the
next workshop is review what Tim just mentioned to me in
passing that apparently some procedures are in place that
this kind of thing just can’t happen. So if you would
just review that for us as to what kind of procedures are
in place to prevent something like this happening without
the proper approvals.
Mrs. Spencer: Do you want it for the next meeting or I
can just tell you right now what has been…
President Guenther: If you can tell us right now, then
fine, if you have it.
Mrs. Spencer: It was discussed. Neither the Chief of Police
or the head of DPW were aware that this was being done.
Actually, when we got the letter from the resident, the
head of DPW had already discovered it and had already called
in the Road Department to have it removed. As Council President
Guenther has just stated, there are definitely procedures
in place that no action such as this is to be done without,
if it has to do with Roads it will be both the Police and
the DPW agreement between the heads of those departments
with discussion. No one will just react to one other person
asking them to do something.
Mr. Elms: I hesitate to suggest a four-way stop there
because then people sit there and look at each other.
Mrs. Spencer: I can tell you that they are continuing
to look at a way to remedy the issue.
Mr. Elms: What that intersection needs is enforcement.
People come up, half of them don’t even slow down.
A few tickets would probably remedy the situation. I had
a question about your email, Charlene, what was that about
a road hazard?
Mrs. Miller: A resident had emailed me and that was just
the title that I chose to bring it to the Administration.
Mr. Elms: That had to do with the rumble strips.
Mrs. Miller: Yes.
Mr. Elms: Okay. Thank you.
Mrs. Miller: From what I understand, those were the strangest
rumble strips that anyone…most rumble strips are
cuts in the road so that your tires make noise but these
were actually raised. They were quite dangerous. The bus
drivers were very happy when they disappeared.
Mr. Elms: If you are anticipating something to slow people
down, Roxbury put in speed bumps on the road connecting
Berkshire Valley Road to Route 46 and they are simply low
bumps that if you exceed 25 mph they certainly let you
President Guenther: There is a road in Parsippany, too,
called Park Road that runs parallel to Route 80 where the
residents complained that a lot of people cut through there
and they have those and you are really forced to slow down
to 20-25 mph. The problem I have with them is that they
are never properly marked. There should be, for example
at night, when you come upon them, if you don’t know
that they are there, you can hit them and you can damage
your car. There should be some kind of reflective paint
at the top of it so that the lights will pick it up at
Mr. Elms: I don’t think the rumble strips will solve
the problem at Smithtown Road because they may only distract
somebody from being able to see that stop sign that is
about this big.
President Guenther: Maybe a blinking light. We should
probably have a very open discussion about this some time
and bat some ideas around and see what we should do. Apparently
it is a serious problem. Anything else?
Mr. Elms: Yes, having taken several courses to become
a licensed construction official, it was brought to my
attention that the Statutes require that the inspection
fees that go into the construction department be used to
pay the cost of the construction office and nothing else
and if the fees exceed the cost of running this construction
office, they should be lowered the next year to coincide
with the actual cost. This has not been done for a number
of years. Is there any move afoot to comply with what the
Construction Code says?
President Guenther: Are we exceeding the expenses?
Mr. Dorsey: We have been challenged on that, particularly
by Toys R Us, as Sonny Wolski will recall and in the first
place DCA does not require that it be an absolute zero
balance at the end of every year. DCA reflects the fact
that some years there are droughts in terms of fees and
other years there are increases. I forget what year that
was, it was probably 1997. Our entire Construction Department’s
finances were reviewed by DCA and found to be in proper
Mr. Elms: We are not keeping separate accounting.
Mr. Dorsey: It is a separate accounting. They can tell
you any time you want, I assume, exactly how much money
is taken in in a year and how much money is spent in that
Mr. Elms: You do a separate accounting for the Sanitation
Department, why wouldn’t you do it for the Construction
Mr. Higgins: Can I respond to that, Council President?
First the Solid Waste District is a separate budget that
they passed tonight. It is a whole separate budget required
by the Division of Local Government Services. With regard
to the Uniform Construction Code Fees, the UCC regulations
conflict with the Budget Law. The Budget Law does not permit
you to segregate profit from a department such as the Construction
Code official. You
couldn’t do that under the law that the Budget is
put together on. So there is a conflict there but they
do account for them on an annual basis, like Mr. Dorsey
said, a running balance of their plusses and minuses and
that is reported to the State of New Jersey.
Mr. Elms: But it is not reflected in the Budget.
Mr. Higgins: It’s not, it doesn’t have to
Mr. Elms: Thank you.
President Guenther: Thank you Mr. Elms. Anyone else from
the audience? Seeing no comments, I’ll close it to
the Public and go on to final Council Comments.
Mrs. Spencer: I just wanted to remind everybody that Kathy
Murphy has requested support on Thursday night. Our presentations
to the County Open Space Preservation Group at the Courthouse
has been moved from 9:15 pm to 7:15 pm which might make
it a little more convenient. She has requested that if
there are a couple of Council members who could be there,
we would like to see their support. Thursday night at 7:15
President Guenther: Dave, any final comments?
Mr. Scapicchio: Just that today Lisa reminded me that
Steve and his family are out of State. Steve’s daughter
is having some surgery. Do we want to send them something?
I don’t know how long he is going to be gone. Do
we want to send something out there? I don’t think
we should send flowers…
Mrs. Lashway: We’ll send flowers to Karlene.
Mr. Scapicchio: You’ll take care of that?
President Guenther: It sounds good. Charlene, any comments?
Mrs. Miller: No, none at this time.
President Guenther: Earl?
Mr. Spino: Just that it is a little after 8:30 and we
are just about done. You see the pattern here reflected.
Mr. Dorsey: That is because your wife is here. She’s
giving me the eye, get it done, get it done.
Mr. Perkins: I’ll make it real brief, Council President.
The developer’s agreements that we looked at this
evening for Toll Brothers, I want to thank Mr. Dorsey as
well as Mrs. Miller for her input and some of my fellow
council members whom I’ve spoken to on that. It actually
serves a dual purpose. One is we pick up at least $1 million
worth of assets that come to the Township. We also pick
up the revenue which is a steady stream of cash that comes
in and we also don’t have to pay the rental on the
fire hydrants that the Board of Public Utilities has seen
fit to give every investor-owned utility the right to charge
at least $1 a day just for the right of a municipality
to have that fire hydrant out there. They don’t plow
it. They don’t dig it out. They paint it every one
in awhile. So I’m also going to be aggressively seeking
some of the support from Council to look at the way that
we also handle sewage and it is my humble opinion that
the Township should be accepting the sewer systems that
are put in, the package, and keeping it as ownership of
Township property and going under a three or five year
lease agreement thereby we retain, at least, some revenue
stream also coming in from that instead of just giving
it away. Thank you.
President Guenther: Thank you. I just have one final comment.
I just noticed an email that was sent out by the League
of Municipalities that Earl, this involves the property
tax convention. I guess they are looking for some help
and support. Should we?
Mr. Spino: I haven’t looked at it yet but I would
think if it is for the convention for property tax, I would
like to at least sponsor a resolution or make sure we send
President Guenther: They are asking for volunteers. They’ve
asked the local elected volunteers to contact their own
legislators and committee members and express their support
for this initiative. They will also alert volunteers on
any scheduled action on the Bills in the hopes that some
can come to Trenton and personally demonstrate their desire
for action. The problem here is this, the legislature goes
to summer recess on June 30th and in order to get it on
the ballot for November, it has to be acted on by August
26th so I think the idea is to light a fire to do something
before they go on recess. It’s got to be done within
the next month whatever we do with the legislators.
Mr. Spino: I don’t know if we can do it as a Council.
I don’t believe we had support enough the last time,
Mr. Scapicchio: We did not.
Mr. Spino: We can bring it up again. I suggest that we
have it at our next public meeting.
President Guenther: That’s not until June 17th.
Mr. Spino: It might be too late but at least we can get
them a resolution if it is possible. If we can get together
President Guenther: What are you saying, Dave? You didn’t
Mr. Scapicchio: It failed.
Mr. Spino: He didn’t support it. It went down. I
would like to see it on the Agenda again.
Mr. Scapicchio: You can bring it up again and it will
President Guenther: Well, let’s see. People love
higher taxes. That’s it. I’ll entertain a motion
for adjournment. All if favor, none opposed the meeting
was adjourned at 8:40 pm.
BERNHARD D. GUENTHER
I, LISA M LASHWAY, Township Clerk of the Township of Mount
Olive do hereby certify that the foregoing Minutes is a
true and correct copy of the Minutes approved at a legally
convened meeting of the Mount Olive Township Council duly
held on June 17, 2003
LISA M. LASHWAY
Mount Olive Township Clerk