Mt. Olive Township Council Minutes
September 16, 2003

The Regular Meeting of the Mount Olive Township Council was called to order at 9:50 pm 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. Rattner, Mr. Greenbaum, Mr. Scapicchio, Mr. Perkins, President Guenther
Absent: Mr. Spino, Mrs. Miller

ALSO PRESENT: Mayor Licitra; Cynthia Spencer, Business Administrator; Lisa Lashway, Township Clerk; John Dorsey, Township Attorney.

ADMINISTRATIVE MATTERS - NONE

OLD BUSINESS

Library Board Report

Jerry Sheard, President Library Board of Trustees: Just to give you a quick update, things are moving. To all of the information that has been requested through our job meetings, is being acted upon. Our librarydirector has been going to the meetings. We have had a couple things that have happened. One thing that was brought up several weeks ago was that it was noted that Goodlin and Clearwater started two years ago about the regional wastewater for the library and we are still trying to get that resolved. I just got a memo tonight from Dave, answering the memo that I had sent to administration on the water system, and getting the BPU action and talking to Gene there has been some telephone conversations and hopefully this is going to be resolved by the end of the week. Bruce is right now waiting for the BPU to give us the exact things that we have to do to get that thing. However, I do have a concern on the memo to Dave regarding the handling of the money. It was recommended that the Council take the money out of the library bond ordinance. That would have to come through the Board of Trustees I believe to start with. Remember, we discussed the escrow account on the $6,000 escrow accounts several months ago. So I want to look into that and get back to you on that, since I just got the memo tonight, I haven’t done any homework on it. The other couple of things I would like to bring up, we did put up in the trailer a timeline and we all signed off on it three weeks ago. The timeline is June 2004, early completion of the month and then final completion at the end of the month. Right now, even though we had quite a bit of rain, we are still on time according to our construction manager yesterday. We have observed some problems which you normally do in any construction site that are being corrected or have been addressed already during the construction by either the construction manager, Rita has brought up a couple and also the contractor is addressing. We will continue to follow up on anything that we get and with that I would also like instead of waiting, to let me know what is going on, if you have any concerns, please get it to me in writing, at the time and not wait until Dave has to come to a meeting and say something, or something like that so we can act on it. But I appreciate it in writing so we can follow up on it. Updates; as you can see right now we have a wall going up, the openings of the windows for the children’s area. We don’t want anyone to go walking over there, pushing it down or anything like that. Once we get it leveled off and things, then we will probably have a day trip over there so you can see what is going on, but until we get the ground level, I would like to keep you away from there. You have probably also seen some steel coming in now. We have had the stormwater detention basin, it created a problem. The development of the stormwater, we did come up against some rock. The building is fine, no rock what so ever, but just in the detention basin itself which is on the side and the bottom of the detention basin; it is covered under the contract for the removal, we have to have it done by the 15th of October in order to get it seeded in accordance with the County’s soil conservation program. JCP&L, we had a letter from them regarding the removal of the pole to relocate that. Other than that, I will answer any questions. Things are going, as I said, we are on time generally as were are supposed to be. Hopefully the weather will cooperate a little bit.

Mr. Perkins: The timeline obviously included now and then. Are you confident the rock removal will happen by the 15th?

Mr. Sheard: Yes. We are pretty confident that is going to be taken care of. That will entail bringing in a piece of equipment. What we will do is hammer it. It is the only way you can get it out. It is not that much rock to be removed. Not like you had at Turkey Brook.

President Guenther: The issue of water supply; that is not going to hang you up?

Mr. Sheard: It is not going to hang us up as far as the time line, no but we would like to get it in as soon as possible. Where that holds us up right now; well there are two things. First we need to know exactly what BPU wants from Mount Olive Complex. The second is that Gene is going to have to redo the map to show the library as part of the Master Plan for the water.

Mr. Scapicchio: I would just like to add that the day after the library had there meeting, I had a discussion with Cindy who has now taken charge of making sure that whatever needs to get done, gets done. Hopefully it will start moving forward in a good fashion.

Mr. Sheard: I talked to Gene tonight, and he had talked to Bruce and to BPU today. Right now we are waiting for BPU to get back to Bruce on specifics on how to handle it unless Cindy knows something else.

Mrs. Spencer: The Master Plan does not need to be amended; the Wastewater Management Plan showed the library, where it is going to be built and that was a piece that needed to be done before any of this can proceed. Gene has agreed to work with BPU and he will do the mapping that is necessary to show the expanded franchise area so that the application can be made to BPU.

Mr. Sheard: So as soon as BPU tells us exactly how far it has got to go, that’s what will be done.

Mr. Scapicchio: Jerry, the issue with the cost of the rock, has that been resolved?

Mr. Sheard: As far as I know it is in the contract and that is the way it is going to stay. We have a meeting next Thursday and it will be discussed at the meeting. Every two weeks, we have a job meeting, and mostly things are resolved there.

Mr. Rattner: I see we have a big voucher on for tonight, payment number four to Blackstone. What percentage based on the contract is completed and how much will we have paid them after it’s completion.

Mr. Sheard: The Township got it, it was for $233,886.80. A percentage; I’ll have to look this up real quick. I have a listing of all the things that are 100%, some at 17%, some of it is 96%. It is broken down; I can’t give you a percentage over the overall except that we are on time. The records I have right here are broken down by different projects.

President Guenther: Payment schedules according to what, different stages that they complete?

Mr. Sheard: Yes. Concrete, site work, etc. And then it is figured on a proportionate basis. You also look at your timeline and how you are doing on that.

Mr. Rattner: Any construction project no matter where, you are always looking at how much exactly has been completed and how much money to make sure that the work is always ahead because that is the only hammer you have.

Mr. Sheard: Right.

Mr. Rattner: I noticed you have paid 14% of the total contract price; I’d expect that 17% or 18% of the work has been certified.

Mr. Sheard: The 2 % is withheld from that. I could get you exact figures as soon as I look it up.

Mr. Rattner: Who signs off on the vouchers?

Mr. Sheard: I do, Rita, the architect and the construction manager. It is not one person. Everybody checks it and then it comes to the Town.

President Guenther: Anybody else? Okay.

Turkey Brook Report

Mrs. Spencer: Consolidated Building Corp; the job is almost complete. On this week’s bill list we will be making a payment through 94% completion. Joe DeMaria met with the owner, Tom Laredo last Tuesday and they did a walk through which resulted in the generation of the final punchlist items. Weather permitting, the vendor hopes to complete all punchlist items by week’s end, but with the probability of the storm hitting Thursday and Friday, it is more realistic to assume completion by September 26, 2003. Once completed, the contractor will do a review with the architect and release all required paperwork and documents, per the contract specifications. This date remains Mrs. Spencer (cont’d): within the contractors’ original window of 180 days for construction. Specifically for those who have recently visited the site, the stairway to the baseball tower was attached, the concrete poured for the steps, the painting of interior viewing tower was done, the counter tops have been installed, The W & S lines have been run to the football/baseball pad site, the paving around both buildings has been completed, the soccer field pad was poured, the electrical panels have been installed and now they are waiting for GPU to turn on the power. The vinyl flooring is scheduled to be delivered tomorrow and as the last item to be completed, it will be installed Thursday. All punch list items have been addressed and as soon as GPU turns on the power the vendor will meet with Joe D. for acceptance walk through. Inspections for all final work and the CO’s have been requested for Friday, Monday and Tuesday. Kyle Conti Construction; Conti has continued to work on the remediation of soil issues on all 9 fields. The specific items left to be addressed include: Gene advised Kyle of the Township’s concern regarding the grading around the inlet in the northwest corner of the football field and he will look at this and see about installing a riser ring to soften up the grade differential around the inlet Gene discussed the need for the repair of the inlet in the northeast corner of the soccer field that has eroded as a result storm runoff and he will look into this. They discussed the adjustment that is still required for the goal posts and he is waiting for parts. At this point, Gene told him to wait until November to repair this after the football season. In regard to the as-builts, Kyle has most of the info, but he still must have his land surveyor get as-builts on the storm drainage. He does not feel he is responsible to provide as-builts for the fields since they were graded per the plans. Regardless, when his land surveyor goes to the site he will obtain grades around the football field to confirm that it was constructed per the plans. Maintenance Barn; The Building and Construction Department are ready to sign off on the 2nd floor construction plans this week. The roofing materials were donated by Brad Co. roofing through GAF Roofing Supplies. At this juncture, Jim is going out for new, revised quotes for the labor portion of the roofing work only. He hopes to have these within the next two weeks.

Mr. Greenbaum: I walked the park tonight, all of the fields and have some concerns that I would like to address with Gene at the site where I could be present to discuss my concerns, I would appreciate it. Next week is good for me.

Mrs. Spencer: Times? First thing in the morning?

Mr. Greenbaum: First thing in the morning is better.

Mrs. Spencer: Does anyone else want to join them?

Mr. Scapicchio: You can let me know when the schedule is, and I will try.

President Guenther: Please advise me, I would like to attend.

Mrs. Lashway: Only three. Bernie, Dave and Rob.

Mr. Scapicchio: Bernie, just an observation, and that is, they talked about having Kyle Conti give us an as built, I guess the question I would have is, is it the same surveyor that laid out the elevations for the construction of the fields? I don’t ask this to get a chuckle, my concern is that Steve Baker and the football association, have given me and I have shared with everyone some of their own elevations, and Rob and I have walked that field several times, and the elevations that are present are nowhere near what they should be as per the points on the engineer’s plans according to Mr. Baker.

Mr. Dorsey: You don’t have to accept the as builts as they submit them, but they would form a basis for you to have Gene’s firm go out there and check.

Mr. Scapicchio: That was going to be my suggestion. At what point in time do we need to check that?

Mr. Dorsey: Obviously when they are submitted, and that would be before they would be paid for I would assume. That would be the moment, as soon as you receive them. I think; you know if you suspect something, that would be the time to have them checked.

Mrs. Spencer: Dave, I would just like to comment. I know Gene shared with me today that he had a conversation with Mr. Baker in that when they were doing their elevations they were using the original specifications and you may recall that there was $90,000 of regrading work done on fields.

Mr. Scapicchio: Right.

Mrs. Spencer: The football field was one of those fields where regrading work was done due to an error in the specifications provided by Olympus so what they have there was against the original specifications, not what Kyle Conti was asked to grade to.

Mr. Scapicchio: Okay, but then I would still question and you may be correct about that, but the field from the 50 yard line to the goal posts should both be equal, and according to this they are not. So whether it is a 24 inch difference in grade from one end to the other end it should be equal according to Steve Bakers point shots that he took, they are not. That’s what I question.

Mr. Dorsey: What do you mean when you say that what Conti graded to was not the plans that were originally prepared by; well it wasn’t Olympus, it was Stewart Engineering that prepared the plans that caused the addition.

Mr. Scapicchio: Steve and the football people got a copy of the original specifications, I don’t know from who.

Mr. Dorsey: I understand that. Now Cindy says that Conti graded to some other plans, what plans are those?

Mrs. Spencer: Regraded to plans submitted later on in the process by Stewart.

Mr. Dorsey: Steward prepared those original plans.

Mrs. Spencer: The claimed they included the wrong version in the rebid spec.

Mr. Dorsey: That is not the question. Do we have the plans that you say Conti would have graded to? The second set of plans.

Mrs. Spencer: Gene has them.

Mr. Dorsey: Why can’t we give those to Steve Baker?

Mrs. Spencer: I think that Gene has been working this through with Mr. Baker and I believe that they had a pretty satisfying conversation today, I would also suggest that if you wish, to have an in depth conversation on just this with Gene, because his inspectors were on site daily, and they inspected based on a 15 foot grid as it was built. So there are daily logs and inspection reports.

Mr. Scapicchio: I am not going to argue the point Cindy, I would like to see those drawings, but I could tell you that without taking any kind of an instrument out there, one can tell that the elevation does not shed in an equal fashion from one end to another end. You can see that with the naked, inexperienced eye. I know that Steve Baker is not happy with the discussions he has had with Gene Buczynski. I speak to him on almost a daily basis. So let’s see the plans that Kyle Conti was supposed to have looked at too. Then we’ll get to the bottom of the answer.

President Scapicchio: Any further comments? Okay, so Cindy you will let us know what day is good next week?

Mrs. Spencer: Yes.

President Guenther: I just want to let you know, I have arranged a meeting regarding what to do with the Connelly Avenue intersection. Bernie Boerchers who lives there is also a traffic engineer and Gene and I are going to get together with the president of that association there and see what the next step should be. Gene says that the State has agreed to do a further traffic study. I know Bernie had some ideas about that as well, so we are going to bat those around before the next Council Meeting.

NEW BUSINESS

Questions on Bill List?

LEGAL MATTERS

Mr. Dorsey: A couple of things, about a year ago Judge Maenza of the Municipal Court issued a fine to the Williams family, $36,600. I am pleased to say John Horan from my office went up and defended that when it was appealed. So there is now a judgment from Mount Olive in the Superior Court for $36,600. Peter scored a victory about 2 weeks ago with AIG Baker because in a process of making various motion, certain of the counts in the complaint filed by AIG Baker, some of their constitutional claims were dismissed. There was a very interesting opinion written by Judge Pisano which certainly places what the Township is accused of doing in quite a different Mr. Dorsey (cont’d): perspective then it had been up until this point in time. In deed, the opinion went so far as to say that if the Township in fact believed, or had reason to believe that the road could collapse, the Township would indeed have the right to close off the road. Well, we did not close off the road, but those are related issues. There are very serious discussions now going on between Gene Buczynski, myself and AIG Baker as to a resolution of their outstanding items on International Drive South. We are talking about turning over some very big dollars in terms of items that are not totally to Gene’s satisfaction. We have been supposed to receive a final proposal for some time, we are supposed to get it by this Friday. This is also the time of year in which Jack Marchione, Barry Krauser and myself confer relative to new assessments to go on the rolls for the coming year. At the moment, the number stands at $68 million in new assessments and because I know David has particular interest in what comes in from AIG Baker, there is an additional $19 million coming in from AIG Baker for the year 2004. That of course is in addition to everything else that we have taken in, in the last three years from that particular tax ratable.

President Guenther: Any questions on Legal Matters?

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

April 8, 2003 Present: Mr. Spino, Mrs. Miller, Mr. Perkins, Mr. Rattner, Mr. Greenbaum,
Mr. Scapicchio, President Guenther
Absent: None

July 22, 2003 Present: Mr. Spino, Mr. Perkins, Mr. Greenbaum
Mr. Guenther, Mr. Rattner
Absent: Mr. Scapicchio, Mrs. Miller

August 26, 2003 Present: Mr. Spino, Mrs. Miller, Mr. Perkins, Mr. Rattner, Mr. Greenbaum,
Mr. Scapicchio, President Guenther
Absent: None

Mr. Scapicchio made a motion to approve the minutes as listed above. Mr. Rattner seconded the motion.

ROLL CALL: Passed Unanimously with the exception of Mr. Scapicchio who abstained on July 22. 2003.

CORRESPONDENCE

Letters from Residents

1. Letter received August 27, 2003, from Jim Buell regarding overlay and drainage on Pleasant Hill Road.

2. Letter received August 27, 2003, from Noah’s Ark regarding the “Dog Walk.”

League of Municipalities


3. Letter received August 26, 2003, from New Jersey State League of Municipalities regarding League Seminar on Municipal Storm water Regulation.

4. E-mail received August 26, 2003, from the New Jersey State League of Municipalities regarding COAH 3rd Round.

5. Letter received August 27, 2003, from New Jersey State League of Municipalities regarding Nominations for the Michael A. Pane Memorial Fund.

6. Membership Alert received August 27, 2003, from the New Jersey State League of Municipalities regarding Opposition to the NJ Family Home Occupation Act (Home Based Business Bill).

7. E-mail received August 27, 2003, from the New Jersey State League of Municipalities regarding “Smart Growth.”

8. Letter received August 28, 2003, from the New Jersey State League of Municipalities regarding League Conference Luncheon.

9. E-mail received September 9, 2003, from the New Jersey State League of Municipalities regarding Upcoming Land Use and Planning Issues.

DOT /DEP / Permit’s / LOI’s

10. Letter received August 25, 2003, from the State of New Jersey, Department of Environmental Protection regarding One Year Extension of Time (granted-1 year extension)- Morris Chase.

11. Letter received August 28, 2003, from French & Parrello Associates regarding Application submitted by: Department of Public Works, Morris County Division of Engineering, Morristown regarding Replacement of Bridge No. 136, Hillside Avenue over Drakes Brook in the Township of Mount Olive.

12. Letter received August 28, 2003 from French & Parrello Associates regarding Stream Encroachment & Freshwater Wetlands Permit Application – Replacement of Morris County Bridge No. 1401-136 Hillside Ave over Drakes Brook, Mount Olive Township.

13. Letter received September 3, 2003, from the State of New Jersey, Department of Environmental Protection regarding Withdrawal Letter for Applicant: Rezamir Estates Inc. Block 700, Lot 64 (6 Old Farmstead Road, Chester).

14. Letter received September 12, 2003, from Spillane Engineering Associates LLC regarding New Jersey Pollutant Discharge Elimination System Permit Application - Flanders Valley Business Park.

Resolutions, Ordinances, Correspondence from Other Towns

15. Resolution received August 25, 2003, from the Borough of Netcong regarding the DEP to Deny the Musconetcong Sewerage Authority’s Petition to amend its Wastewater Management Plan to Reallocate Unused Gallonage to a Development Bordering on its service area.

16. Resolution received September 8, 2003, from the Township of Jefferson regarding the Property Tax Reimbursement Program.

Correspondence from Organizations, Committees, Boards

17. Minutes received August 25, 2003, from Morris County Planning Board regarding June 19th meeting.

18. E-mail received August 25, 2003, from the New Jersey Department of Community Affairs regarding statewide Livable Communities Grant.

19. Letter received August 28, 2003, from NJ Association for Elected Women Officials regarding the Women in Government Breakfast.

20. E-mail received September 2, 2003, from Morris County Chamber of Commerce regarding Good Morning Morris.

21. Letter received September 5, 2003, from the State of New Jersey, Department of the Treasury, Division of Taxation regarding Notice of Municipal Hotel/Motel Ordinance Received.

22. Letter received September 5, 2003, from the Municipal Excess Liability Joint Insurance Fund regarding Personnel Practices Training.

23. Letter received September 9, 2003, from Morris County Community Development regarding HUD Promulgated 2000 Census Data.

24. Newsletter received September 12, 2003, from Council on Affordable Housing regarding new member appointed to Board, Certification extensions and two RCAs approved.

Utilities

25. Fax received September 2, 2003, from Comcast regarding Channel Changes.

26. Letter received September 2, 2003, from TKR / Cablevision regarding a Petition that was filed with BPU.

27. Letter received September 10, 2003, from Applied Wastewater Management regarding Notice of Public Hearing on the proposed revision of its rates for water and wastewater.

Legislative Representatives

28. Letter received August 22, 2003, from Senator Littell regarding Bond Act to Benefit Dams, Lakes, and Streams- Needs Voter Approval in November.

MUA / MSA

29. Letter received August 28, 2003, from Musconetcong Sewerage Authority regarding Amended Proposal – Morris Companies Development, Block 400, Lots 1 & 2, Block 402, Lot 2 and Block 500, Lots 1 & 2. MSA Wastewater Management Plan Amendment Denial.

30. Minutes received September 5, 2003, from the Musconetcong Sewerage Authority regarding the Meeting of August 6, 2003.

President Guenther: Does any Council member have questions on any item of correspondence? Seeing none.

ORDINANCES FOR PUBLIC HEARING

President Guenther opened the public hearing on:

Ord. #33-2003 Bond Ordinance Amending Section 3 (l) of Bond Ordinance Numbered 37-2002 of the Township of Mount Olive, In the County of Morris, New Jersey. Finally adopted September 24, 2002 in order to amend the description of the project. (Budd Lake First Aid First Responder Vehicle).

President Guenther closed the public hearing on Ord. #33-2003.

Mr. Rattner moved for adoption and final passage of Ord. #33-2003. Mr. Perkins seconded the motion.

ROLL CALL: Passed Unanimously.

President Guenther declared Ord. #33-2003 as passed on second reading.

President Guenther opened the public hearing on:

Ord. #34-2003 Bond Ordinance Amending Section 3(l) of Bond Ordinance Numbered 37-2002 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted September 24, 2002 in Order to Amend the Description of the Project. (Turnout Gear for Flanders Fire & Rescue).

President Guenther closed the public hearing on Ord. #34-2003.

Mr. Greenbaum moved for adoption and final passage of Ord. #34-2003. Mr. Perkins seconded the motion.

ROLL CALL: Passed Unanimously.

Mr. Guenther declared Ord. #34-2003 as passed on second reading.

ORDINANCES FOR FIRST READING (Second Reading – September 30, 2003)

Ord.#35-2003 An Ordinance of the Township of Mount Olive Changing the Name of a Section of Madison Avenue to Elias Drive.

Mr. Perkins moved that Ord. # 35-2003 be introduced by title and passed on first reading and that a meeting be held on September 30, 2003 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road Mount Olive, NJ for a Public Hearing and consideration of second reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law. Mr. Greenbaum seconded the motion.

ROLL CALL: Passed Unanimously.

Mr. Rattner: On that, I would just ask that the three or four residents that live on that little stub of the street, that they be notified separately just so they cannot come back and say we didn’t know about it.

Mrs. Lashway: I have the letter ready to go.

Ord. #36-2003 Bond Ordinance Providing for the Reconstruction of Ironia Road in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $109,180 Therefore and authorizing the Issuance of $22,021 Bonds or Notes of the Township to Finance Park of the Cost Thereof.

Mr. Scapicchio moved that Ord. # 36-2003 be introduced by title and passed on first reading and that a meeting be held on September 30, 2003 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road Mount Olive, NJ for a Public Hearing and consideration of second reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law. Mr. Greenbaum seconded the motion.

President Guenther: Council discussion? Seeing none.

ROLL CALL: Passed Unanimously

Ord. #37-2003 An Ordinance of the Township of Mount Olive RE: Sewer Allocation Charge (Annual Sewer Operation Fee).

Mr. Rattner moved that Ord. # 37-2003 be introduced by title and passed on first reading and that a meeting be held on September 30, 2003 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road Mount Olive, NJ for a Public Hearing and consideration of second reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law. Mr. Scapicchio seconded the motion.

ROLL CALL: Passed Unanimously

CONSENT RESOLUTIONS AGENDA:

Resolutions on the Consent Agenda List are considered to be routine and non-controversial by the Township Council and will be approved by one motion (one vote). There will be no separate discussion or debate on each of these resolutions except for the possibility of brief clarifying statements that may be offered. If one or more Council member requests, any individual resolution on the Consent Agenda may be removed from the Consent Agenda List and acted on separately.

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Business Administrator to Execute the Consent Form for the Treatment Works Approval for Morris Chase - OFF

2. Resolution of the Township Council of the Township of Mount Olive Opposing Senate No.: S-2516 that if Passed Would Prohibit the Use of Schools as Polling Sites.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees RE: Fairways at Flanders, Block 5800, Lot 13 & 14.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees RE: Wendy’s Corporation, Block 4100, Lot 9.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees RE: Mahmood Building No. 3, Block 5300, Lot 16.01.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees RE: McDonald’s Corporation, Block 4100, Lot 9.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of the Discharge of a Certain Agreement Between the Township of Mount Olive and the New Jersey Foreign Trade Zone Venture Dated August 21, 1984. (Correcting the block & lot)

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Grant Agreement Between the Township of Mount Olive and the Morris County Historic Preservation Trust Fund.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing a Professional Services Agreement with Tom Hitchins Associates Architects and Planners.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing the Temporary Closing of Drakestown Road from Naughright Road to Route 46 for the Reconstruction and Resurfacing of Drakestown Road.

11. A Resolution Opposing the New Jersey Department of Environmental Protection’s Decision to Deny the Musconetcong Sewerage Authority’s Petition to amend its Wastewater management Plan to Reallocate Unused Gallonage to a Development Bordering on its Service Area.

12. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Tony’s Concrete Construction in the Amount of $65,165.00 for Sidewalk Improvements Along U.S. Route 46.

13. Resolution of the Township Council of the Township of Mount Olive Supporting the Research for a Cure of the Rare Genetic Condition Known as Fibrodysplasia Ossifican Progressiva (F.O.P.).

14. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Taxes on Block 8500/Lot 22 Located at 105 Mine Hill Road.

15. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2003 Municipal Budget ($345.00 for CDC Bioterrorism Initiative).

16. Resolution of the Township Council of the Township of Mount Olive Authorizing a Dedication by Rider for Donations for the Pride Committee.

17. Resolution of the Township Council of the Township of Mount Olive Authorizing a Dedication by Rider for the Mayor’s Youth Advisory Committee.

18. Resolution of the Township Council of the Township of Mount Olive Authorizing a Dedication by Rider for Donations for Mount Olive Day.

19. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Any Overpayment of Delinquent Balances for $1.00 or Less for Tax, Water, Sewer and Assessment.

20. Resolution of the Township Council of the Township of Mount Olive Authorizing the Removal of Block 400/Lot 1, Owned by the Trenton Road Corporation, Located at 217 Waterloo Valley Road, from the October 16, 2003 Tax Sale of the Township of Mount Olive.

21. Resolution of the Township Council of the Township of Mount Olive Authorizing Supporting the Property Tax Reimbursement Program.

22. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2003 Municipal Budget ($16,320.00 for Stabilization of the Baptist Church and Mt. Olive Academy Schoolhouse).

23. Resolution Authorizing a Grant Agreement Between the Township of Mount Olive and the Association of New Jersey Environmental Commissions.

24. Resolution to Amend the 2003 Capital Budget (Reconstruction of Ironia Road).

President Guenther: Does anyone wish to make any revisions to the Consent Resolutions Agenda?

Mr. Scapicchio: One is off, right Bernie?

Mr. Perkins: Let’s remove Number one.
Mr. Rattner: That’s the Perkin’s amendment.

President Guenther: Okay, got it. Don’t we have to add…

Mr. Dorsey: Lets do 2 through 24, and I will give you the resolution on the sale of Lot 2.

MOTION TO APPROVE CONSENT RESOLUTIONS AGENDA

Mr. Dorsey: 25. Resolution RE: Sale of Lot 2 Block 3405

WHEREAS, the Township has duly advertised for the sale of a lot owned by the Township referred to as Lot 2 Block 3405; and

WHEREAS, at the meeting of September 16, 2003, new facts were brought to light relative to the sale of this particular lot and the Township Council has decided that it is in the best interest to give further consideration as to whether or not this lot should be sold or how this lot should be sold in light of the fact that both adjoining property owners have an interest in acquiring same;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Mount Olive that it does hereby adjourn the sale date set for public auction of Lot 2 Block 3405 until further notice by the Township Council.

President Guenther: That becomes number 25?

Mr. Dorsey: Yes.

Mr. Greenbaum moved for approval of consent resolutions numbers 2 through 25. Mr. Perkins seconded the motion.

PUBLIC PORTION ON CONSENT RESOLUTIONS

Richard Bonte, Budd Lake: Number 2, regarding using the schools as polling sites. I read about this in the paper, I am not quite sure why the State wants to do this, but I am in favor of this resolution. I thought you might also want to add to it that this provides an excellent opportunity for especially the younger students, to see the election process in progress when this occurs each year. I think there is other justification besides what you have that you might want to consider. Resolution number 11 regarding the denial of the amendment of the wastewater management plan; who or what was this allocation planned for.

Mr. Dorsey: The Morris Companies had a track of land which I think is located across from UPS. They originally signed up to by a significant number of EDU’s. It was then discovered that, that area was not then within the service area of the MSA. There was then a subsequent arrangement made that they would put up all the necessary money for the necessary applications to be made. The application had to be made by the MSA through their engineer Lee Purcell, all of the work was done, the application was made and it was denied by NJ DEP in a ruling that could only be appealed by the MSA as I understand the process. I don’t know whether they have appealed, I don’t think that they have. Where we are at the moment is, that we are never going to be able to sell EDU’s to the Morris companies for that particular track because the sewer is simply not available in light of the denial of the amendment of the wastewater management plan that controls the sewer district.

Mr. Rattner: There is actually one piece that goes further. The most disturbing piece in there is that the DEP put in there saying that their priority now is the clean up of Lake Hopatcong and they actually physically stated that they are looking at the unused sewage allocation in the towns going into the MSA. It was their intent to look at it and possibly redirect it. In further discussions, they said that was their intent, and based on a similar resolution, Roxbury is concerned like we are that they would take some of the allocation away. They actually got a letter back from the DEP, from Mr. Klipstein, who said he was acting on the directions of the director that said that they are looking and in fact since public funds were used in subsidized loans to increase the size of the MSA, that it can be done without compensation. So this is basically saying that we object to that. All the other towns have done that in support. Not just for Mount Olive, but what the implications are saying that we don’t own what we have already paid for.

Mr. Bonte: In other words, we have paid for these allocations.


Mr. Rattner: We paid two ways. One, we paid our pro rata share for the expansion of the MSA plan. Dollar for dollar for percentage, that was dedicated to Mount Olive. We also paid when the sewer system was constructed in Mount Olive, it was a sized to affect the sale of approximately 3,000 EDU’s. If the DEP says well, you haven’t used all of your allocation, we are going to take a couple hundred thousand gallons and redirect it. That means that we do not have the ability to sell those EDU’s that we still have available that we are still marketing, which means that we have a gap in paying back the loans that we have committed to.

Mr. Bonte: Well it was always known, though, that we would not be able to extend the sewer area. Wasn’t that part of the original agreement back in the early 90’s?

Mr. Rattner: But the DEP had regulations always, if it was right on the line and you had the adjoining property, a sewer line was there that they didn’t have problems. It was for the same general area, it is just basically a line adjustment and that has happened all over. We are not objecting. The Morris Companies wrote to John and said listen, we understand we have a customer for the property. They know what they want to do, they are willing to put in a septic system, this is what we to do and we’ll just walk away, just apply the fees that we have paid, some of them toward other fees that they are going to owe the Town. The real point that we want to make sure that the DEP knows it is not going to be easy, they are not going to take away some of our allocation and give it to somebody else for free.

Mr. Dorsey: But the resolution in question has nothing to do with that ultimate problem that Steve deals with. It has the fact that their property was listed for tax sale because they had not been making payments. The fact of the matter is that they don’t owe anything.

Mr. Bonte: Well actually, there are two resolutions, and I was addressing the one that Steve was.

Mr. Rattner: The one in here actually talks about Hopatcong, it actually states it.

Mr. Bonte: That’s okay. Okay, I was just curious as to whether those were actually related, because it does not say in the resolution.

Mr. Rattner: The MSA is going to take the lead; we are getting the different societies lined up because they are also talking about doing the same thing with Wallkill.

Mr. Bonte: But you know there could be some advantages to this too.

Mr. Rattner: Not if we are not compensated for money we already spent.

Mr. Bonte: That I agree with. Finally, I have a question on number 21 that John probably knows the answer to and that is regarding the property tax reimbursement program. Was that not passed by statute by the legislature three or four years ago?

Mr. Dorsey: I think there were aspects of it passed.

Mr. Bonte: So I mean the authority to refund these funds and the timetable, I remember reading about it in the paper and how much it was going to be per year. I thought that was all passed by law. I guess my question is, has the legislature passed a law changing that law or has the administration arbitrarily decided not to fund it?

Mr. Scapicchio: I thought they stopped funding it in the last year Rich, that’s what I thought.

Mr. Bonte: My question is, if the law is being broken, maybe we should challenge this that way. If the legislature changed the funding program, then there really isn’t much we can do about it. But if the executive branch of government has arbitrarily decided to stop funding this, they may not have the authority to do that.

Mr. Dorsey: There’s not much you can do because it is the legislature that has to fund the program as well as create the program. So, the legislature doesn’t fund the program.

Mr. Bonte: Can the legislature not fund a program that they have created a law to fund?

Mr. Dorsey: The answer is very specific. The State budget which was adopted limited the payments so that they are not getting everything they should. They are not being funded to the full extent.

President Guenther: Limited the payments of the total of last year. Any further comments from the public?

Richard DeLaroche, Mount Olive: Resolution number12, just as a point of information, was that a result of a competitive bid, the awarding of $65,000?

President Guenther: Yes. There were four proposals, four bids and this was the lowest. The references were checked that they were a responsible bidder and they are the ones that won.

Mr. DeLaroche: Thank you.

President Guenther: Sure. Anyone else? Seeing none, Council comments?

ROLL CALL: Passed Unanimously.

RESOLUTIONS NON CONSENT – NONE

MOTIONS

1. Approval of Raffle Application #1095 & 1096 for the Independence Twp. Booster Club Inc

Mr. Perkins moved for approval of Raffle Application #1095 & 1096. Mr. Rattner seconded the motion.

President Guenther: My only question is why are we approving things from organizations from out of town, so that they could sell tickets in town, is that it?

Mrs. Lashway: You get the raffle license in the municipality where you are holding the drawing, and now that we have the Wyndam here, we are having more organizations come in and hold their raffles in town.

Mr. Rattner: We are just becoming the gambling mecca of Morris County.

ROLL CALL: Passed Unanimously

2. Bill List.

Mr. Rattner moved for approval of the Bill List as submitted. Mr. Perkins seconded the motion.

ROLL CALL: Passed Unanimously

COUNCIL REPORTS

Library Board Liaison Report

Mr. Guenther: We had the library report. I don’ think there is anything further needed.

Recreation Liaison Report

President Guenther: There was a meeting and there was really nothing of great note that was worth reporting. They reported on the successful summer programs and getting the fall programs going. A lot of the discussion was on Turkey Brook as usual and what they were going to do because of the delay in the opening of the fields is to try to allocate fields in other parks. It was an issue, but they would find solutions it.

Board of Health Report

Mr. Perkins: Nothing to report Mr. President

Planning Board Report

Mr. Greenbaum: Master Plan, public comment is Thursday the discussion on the ARD application extension has been adjourned until an October meeting.

President Guenther: This is Morris Chase, right?

Mr. Greenbaum: I stopped referring to them as Morris Chase and Morris Hunt. ARD is seeking an extension of their preliminary approval on Phase II of thatr application which involves approximately 200 units. They were before the planning board. Originally there was some discussion that perhaps a representative from Toll Brothers should be present to discuss the reasons for the delay and the time table for going forward, so that the Planning Board could have all of the information before them in deciding the extension request. It was originally scheduled for return this Thursday, but I note from my correspondence that it has been adjourned until October.

President Guenther: What was the reason for asking for another extension?

Mr. Greenbaum: Their main reason for asking for the extension was delay caused by DEP involvement.

Board of Adjustment Liaison Report

Mr. Perkins: Just general business was covered Bernie.

Master Plan Committee Report

Mr. Scapicchio: Nothing to report. As Rob said it is going to be up for public hearing on Thursday.

Pride Committee Report

Mr. Perkins: They are actually meeting tonight, Mr. President.

Board of Education Report

President Guenther: We had a report directly from the board liaison so I don’t see any need for any further report.

Open Space Committee Report

President Guenther: Charlene is not here.

Legislative Committee Report

President Guenther: Earl is not here.

Pride Committee Liaison Report

Mr. Perkins: They are meeting tonight Mr. President:

Board of Education Liaison Report

President Guenther: We had a report directly from the Board liaison, so I don’t see any need for any further report.

Status of Committee RE: Lake/Environment Issue

President Guenther: Mrs. Miller is not here.

PUBLIC PORTION

Ned McDonald, Budd Lake: It was brought to my attention to tonight that at the Turkey Brook fields, there are signs up on the fields, keep out, or fields not open. I am just wondering who authorized those signs and were they authorized in conformance with the ordinances that set up the rules and regulations of the fields.

President Guenther: The reason for the signs is to keep people off while the contractor is still working on it to be able to hold him responsible for anything that happens. He has made it clear to us, and that was an issue that came up for example with the opening day ceremonies, that we had to keep people off the fields, because otherwise he refused to accept responsibility once we start.

Mr. McDonald: But the signs that are up there now; were they put up by the township?

Mrs. Spencer: Yes.

Mayor Licitra: Right now the fields are closed because of the rain and construction. People have used the fields and they should not have been using the fields. People have cut the locks to get into the fields.

Mr. McDonald: My only concern is that if they are signs that were authorized by the township.

Mayor Licitra: We called that. Jim Lynch is going to work out a better procedure, but for the time being, he has those signs up.

President Guenther: Bringing up the issue of signs at Turkey Brook, I have been meaning to bring this up. I see people walking up in the park with dogs. I think that has got to be addressed. We talked about it at one time about putting some signs up regarding that. I have it on my old business agenda here too, the whole doggie park issue, which we should discuss at some time again too. Can we get some signs up there to advise people to…

Mrs. Spencer: The signs are currently being constructed by our sign department and hopefully they will be up later this month.

Mr. Rattner: I think the real issue is not the people wanting to walk the dog, but I see the people up there, it is getting more and more use. I don’t see anybody carrying a plastic bag, a pooper scooper, which means that the dogs the dogs I’m sure are defecating around there and just leaving it, because I am sure they are not putting it in their jacket pocket.

Mayor Licitra: Bernie, we have the signs up in Flanders field, the people did not adhere to it, you have people running their dogs and…

President Guenther: I understand but some people might be completely innocent of the fact that they are not supposed to be; you make a face Cindy, but I think.

Mrs. Spencer: Those signs are being made.

President Guenther: I don’t know what those signs will say, I assume, bring your pooper scooper, is that what the sign will say or what?

Mrs. Spencer: I don’t remember exactly what the wording is, but it is something about cleaning up after your pet.

Mr. Rattner: If we don’t have an ordinance, we could think of an ordinance having a fine for walking a dog without one. New York City has it.

Mrs. Lashway: We have an ordinance. Dogs are allowed in the park, but you are required to clean up after your dog. It is in the ordinance.

Mr. Rattner: Is there a fine if you don’t?

Mrs. Lashway: I am sure there is.

Mr. Rattner: We have to put it up there and at least start giving people warnings when we see them without it.

President Guenther: Mr. DeLaroche, you had a comment?

Mr. DeLaroche: What I wanted to ask because I am not sure I heard it right, the rock that was found on the library site, because there was no report other than the one that was giving here. Did I understand that was going to be done within the contract price?

President Guenther: That is our understanding.

Mr. DeLaroche: or is it additional? I thought I heard two different answers, that is why I am asking.

Mr. Scapicchio: There is a provision within the contract that requires them…

Mr. King: In the contract there is a provision per cubic yard, under that contract that is the cost of the rock removal.

Mr. DeLaroche: So it is already in the contract.

Mr. King: That’s right.

Mr. Scapicchio: There is a charge per cubic yard. $38.00, and there is about 100 plus cubic yard to be removed, so you are looking at about $3,800.

Mr. DeLaroche: That’s at this assessment right now, or could it go up or we don’t know?

Mr. Scapicchio: The quantity is assessed at plus or minus 100 cubic yards.

Mr. DeLaroche: Thank you.

Jane Isreal, 67 Madison Avenue: I didn’t see ordinance 37-2003 and I was wondering if you can give me an idea of what it is about? It was first reading.

President Guenther: You could have mine.

Mrs. Lashway: Mr. Elms asked about it too, there were copies put out, they went fast.

President Guenther: Any further public comments? Seeing none I will close the public hearing.

COUNCIL COMMENTS

Mr. Greenbaum: I just want to commend the Mayor on a tasteful and well done September 11, 2003, presentation.

President Guenther: Any further Council Comments? I have one thing further to ask Cindy. Is there any way that we could get the cleaning service to clean this counter. I am tired of seeing old wrappers and half an inch of dust here. Maybe I’m allergic to dust mites.

Mrs. Lashway: The cleaning service is not going to pick up garbage. Everyone has to pick up there own garbage. The cleaning service can wash down, but they are not going to pick up garbage.

President Guenther: That’s fine. The dust has been here, I have never seen it cleaned.

Mrs. Lashway: They don’t dust our offices that’s something they don’t do.

Mrs. Spencer: Bernie, when we rebid the contract in the February time frame, we will be tightening up what is requested of the cleaning service, however it will cost more. One of the issues that everyone who works here deals with is that we all dust our own areas, every day because of the dust and the bugs and everything else.

President Guenther: No further comments? Okay.

Mr. Spino made a motion to adjourn, all in favor, none opposed. The meeting adjourned at 10:55 pm.

______________________________
BERNHARD D. GUENTHER
Council President

I, LISA M LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on October 14, 2003.

_____________________
LISA M. LASHWAY
Mount Olive Township Clerk
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