Mt. Olive Township Council Minutes
September 24, 2002

PLEDGE OF ALLEGIANCE

The Regular Meeting of the Mount Olive Township Council was called to order at 7:41 pm by Council President Scapicchio with the Pledge of Allegiance to the Flag.

MOMENT OF REFLECTION

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

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

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

ROLL CALL: Present: Mr. Guenther, Mr. Greenbaum, Mrs. Miller,
Mr. Perkins, Mr. Rattner, Mr. Scapicchio, Mr. Spino

Absent: None

Also in attendance: Cynthia Spencer, Business Administrator, Peter King, Township Co-Attorney, Sherry Jenkins, CFO, Lisa Lashway, Township Clerk.

PUBLIC COMMENT PERIOD

President Scapicchio: Does anyone from the Public have any comments for the Council?

Bob Elms, Budd Lake, NJ: When you are going to have a special closed session before the regular meeting, could we get some notification of that on the internet, or on the web page?

Peter King: It was noticed at the last meeting.

President Scapicchio: There was notice wasn't there Lisa?

Mrs. Lashway: It was discussed.

Mr. Elms: Was it discussed at the workshop? I did not see it on the workshop agenda either.

Mr. King: Yes, at the workshop an announcement was made.

Mr. Elms: Okay, thank you.

Mrs. Lashway: The Council is allowed to meet in closed session in their reorganization resolution that they adopt at the beginning of the year. They are allowed to meet in conference session between 6:30 and 7:30 on the night of Council meetings. At that conference meeting they make a motion to go into executive session.

President Scapicchio: Just so you know Bob, the purpose of our going into executive session at 7:00 tonight was to discuss the MOTPEA contract negotiations that Rob and Cindy have been working on.

Mr. Elms: It was not my intent to interfere with what you had to do in closed session, it would just be nice to know that there is that kind of a meeting going on so we don't have access at that point to…

Mrs. Lashway: The intent is to try to have the executive sessions earlier instead of later so that the Council is more awake.

Mr. Guenther: I think also in difference to the Public we decided not to interrupt the meeting as we have at other times and have you come back, I think that was the other reason for doing it at the beginning.

President Scapicchio: Thank you Bob. Anyone else?

Daniel Amianda, Budd Lake: I would like to remind the Council and the Public that schools opened September 3, 2002 and the enrollment is up as usual. The students enrollment was increased by 232 students. There are about 4,600 students attending Mt. Olive School district this year. Before the schools open, Mr. Mongon, the Superintendent left and then we had Mrs. Toni Gonnella and we are in the process of accepting Mr. Amianda (cont'd): application, for a new Superintendent. The closing date was yesterday and the Board is now reviewing the applications and we are going to start interviewing them. The last day to interview the candidate will be November 2, 2002. The time and place will be announced. Thank you.

President Scapicchio: Thank you. Anyone else from the public?

Dave Jones, Route 46, Budd Lake: I was just curious if anybody found out how much the fuel costs were going to be to cut the grass three time a week over at Turkey Brook Park.

President Scapicchio: We have that meeting scheduled for October 1, 2002. Anyone else from the public. Seeing none we will move forward.

ADMINISTRATIVE MATTERS:

Report of Lettering of Township Vehicles

Cynthia Spencer: I went ahead and met with Rich Wahl from Fleet Services and he has placed on order all of the vinyl letters and logo and they will be done hopefully within a two week time period.

Mr. Guenther: I guess we can't do anything with the leased vehicle, right?

President Scapicchio: There is no leased vehicle Bernie. In fact that is on the capital. Once we paid for that Durango, that will be ours.

Mrs. Spencer: It will actually be closer to the end of October by the time the funds are released and then we own it.

Mr. Rattner: She said we don't own it. How did we register it under our plates if we don't own it?

Mrs. Spencer: I don't have an answer.

TURKEY BROOK PARK PROJECT STATUS

President Scapicchio: Turkey Brook status report Cindy?

Mrs. Spencer: Gene is here and is going to give that report tonight.

Mr. Buczynski: As far as the overall status, they have started to put the base course along Flanders Road. The interior roads, as far as the loop road, one half of that I think is done now the other half is in the process of being paved, same thing with the actual entrance road, the sub-grade is down. I would say they should be paving it and probably finish it this week. Regarding the water supply system for irrigation; we will begin commence drilling tomorrow. I also contacted Century Pump relative to doing a pump test on the wells, I just got a price on them today. It will be $1400 to do a 24 hour pump test. I don't see a need to do a 72 hour pump test because we are not going to run the wells more than 24 hours. If you are doing a potable water system for the Town and the DEP requirements you would do a 72 hour pump test but if you are not going to use that well more than 18 hours to do a 72 hour pump test there is no use stressing the well to that point. Plus with the drought right now I think you would like to limit the amount of water because if we ever pumped the 72 hours we would be wasting that water because it would be over topping the basin. But 24 hour pump tests at the ultimate 35 gallons permit is the more sufficient to see what effect we have on those wells. We are not going to do that until we finish drilling the second well because if that well had 70 gallons per minute, then we are just going to be using that well, so we are going to test that well and not the adjacent well because we are not really going to use that adjacent well. We are going to basically leave it as is only on emergency.

Mrs. Miller: I have a question regarding the water quality. I understand that the State has recently passed a new law that water now has to be tested for a much larger variety of Pollutants and things like that and it cost a lot more; from $400.00 to $600.00. Does that mean we are going to have to test the water quality of that well under these new State standards?

Mr. Buczynski: It's not a portable water system. It's strictly irrigation.

Mrs. Miller: We are not going to use it for the rest rooms or drinking water at all?

Mr. Buczynski: That is a separate water line. The restrooms can be served off the water line on Flanders Road, part of the Town Water System.

Mr. Rattner: Is there a reason why we went with overhead wires rather than underground power? Is it that much of a difference to put down?

Mr. Buczynski: Oh yes.

Mrs. Miller: Are the two telephone poles going to come down that are in the middle of the road?

Mr. Buczynski: Yes. You won't have a pole in the roadway.

Mrs. Miller: You said that the paving was going to be done by the end of the week? So I guess those poles are going to…

Mr. Buczynski: I hope that when they come to the site tomorrow that's going to be removed ago.

Mr. Greenbaum: The aerial photographs that we were supplied, I don't know if you have seen them.

Mr. Buczynski: I have seen them.

Mr. Greenbaum: They are excellent. They do a great job in terms of educating us in terms of what the site really looks like. It is hard to get that kind of perspective from the ground. Are there any change orders out there that we don't know about?

Mr. Buczynski: You asked me that two weeks too.

Mr. Greenbaum: I did. I am going to ask every time. I don't want to be surprised I want to know in time that there are significant change orders that I am going to have to deal with.

Mr. Buczynski: From Conte, right now we have heard different things. He might charge us for this and that. We have nothing that was submitted to us that we have considered as a change order. The only change order of additional cost if it is part of the contract is, century pump. If the price is $1400 are we going to get to move ahead with that with Century Pump or do we have to wait on that? I want to make sure; because if I am going to have to wait until the next meeting to get authorization to hire Century Pump to do the 24 hour test I need to know.

President Scapicchio: I think the Council has authorized that Gene.

Mr. Buczynski: Okay, that is what I thought, but I figured while I was here I would ask you.

Mr. Greenbaum: What change orders have you heard?

Mr. Buczynski: For one thing when we were doing the paving of the road, and testing the sub-grade, he told his contractor to pay the contractor, to measure certain areas that first appeared to be insufficient sub grade where they dug out and reinstalled the sub grade because then he said well we are going to ask extra for that which I don't really don't think he is entitled to for the spec, but was saying that so there might be something like that that comes up for consideration but nothing has been submitted yet. Every day he says he is going to charge us extra for this and that but nothing has been submitted. I could say that at last Friday's meeting he did not bring up any change orders to us. That is the best I could report at this point.

Mr. Rattner: With those pictures, those aerials are impressive, again I would just like to thank the Clerk who was able to get those periodic pictures at no cost to the Town. So thank you very much.

President Scapicchio: Anything else Gene?

Mr. Buczynski: No that's all. It's really going on schedule right now.

President Scapicchio: That brings us to Legal Matters.

Mrs. Spencer: Dave, excuse me, just one administrative announcement. Kathy Murphy asked me to just invite members of the Council and any interested citizens, although there is limited space available, there will be an open tour. A tour of open space conducted at 2:45 and I believe that is on Thursday. It will meet here at Town Hall. You need to give Kathy Murphy a call.

President Scapicchio: Thank you

LEGAL MATTERS
Mr. King: There are two reports, two memos in your packet. One is on the Fire Tower appeal. There was a scheduled conference with the Judge. The Judge is sending out a briefing schedule. The appeal probably will be heard in about a year. The second is the Mount Olive Complex. As you all remember Mt. Olive Complex went up to the Supreme Court, the Supreme Court pretty much took it off the active list until a number of other cases were decided with similar issues. The Supreme Court decided those cases, better known as Toll Brothers cases, now the Supreme Court sent the appeal back to the Appellate Division for them to review it in accordance with their decisions on these two cases. They have asked for briefs on the issues and once they review them they will make a decision and you will be notified.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

June 18, 2002 Present: Mr. Rattner, Mr. Guenther, Mr. Greenbaum, Mr. Perkins
(8:50) Mrs. Miller, Mr. Spino (8:05), President Scapicchio
Absent: None

August 20, 2002 Present: Mr. Rattner, Mr. Greenbaum, Mr. Perkins, Mrs. Miller,
Mr. Spino, Mr. Guenther
Absent: President Scapicchio

September 3, 2002 CS Present: Mr. Guenther, President Scapicchio, Mr. Rattner, Mr.
Greenbaum, Mr. Perkins, Mr. Spino, Mrs. Miller
Absent: None

September 10, 2002 CS Present: Mr. Guenther, President Scapicchio, Mr. Rattner, Mr. Greenbaum, Mr. Perkins (excused from discussion), Mr. Spino (left at 10:08 pm)
Absent: Mrs. Miller

September 17, 2002 CS Present: Mr. Guenther, President Scapicchio, Mr. Rattner, Mr. Greenbaum, Mr. Perkins excused from discussion of MOTPEA), Mr. Spino, Mrs. Miller
Absent: None

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

ROLL CALL: Passed Unanimously with the exception of
Mr. Perkins abstained on September 10, 2002, and September 17, 2002.
Mrs. Miller abstained on September 10, 2002
President Scapicchio abstained on August 20, 2002.

CORRESPONDENCE

Resolutions, Ordinances, Correspondence from Other Municipalities

1. Resolution received September 11, 2002, from Rockaway Township Condemning the Decision by the United States Court of Appeals for the Ninth Circuit Regarding the "Pledge of Allegiance.

2. Resolution received September 12, 2002, from the Township of Parsippany Troy Hills regarding opposing Assembly bill A-2464 which would require Municipal and County Utilities to Discount Sewer and Water Connection Fees for Affordable Housing.

3. Resolution received September 12, 2002, from the Township of Parsippany-Troy Hills Supporting Legislation Permitting Municipalities the Ability to Impose a Hotel/Motel Room Occupancy Tax.

4. Resolution received September 13, 2002, from the Township of Parsippany-Troy Hills opposing A-2464 which would require Municipal and County Utilities to Discount Sewer and Water Connection Fees for Affordable Housing.

5. Resolution received September 13, 2002, from the Borough of Butler regarding Discount Sewer and Water Connection Fees for Affordable Housing.

6. Ordinance No. 39-02 received September 19, 2002 from Washington Township amending their Land Use Ordinance for Standards for Rural Historic Housing.

7. Ordinance No. 40-02 received September 19, 2002 from Washington Township amending their Land Use Ordinance, Chapter 217, Zoning, setback Requirements between buildings.

8. Resolution of the Borough of Butler received September 20, 2002, regarding the Pledge of Allegiance.

9. Resolution of the Township of Randolph received September 20, 2002, regarding legislation concerning ATV's.

10. Resolution of the Town of Boonton received September 20, 2002, opposing A-2464 concerning discounting utility fees for affordable housing units.

League of Municipalities

11. Letter received September 16, 2002, from the New Jersey State League of Municipalities regarding Amendment to the Open Public Meetings Act.

12. Legislative Viewpoint received September 16, 2002, from the New Jersey State League of Municipalities regarding A-2372 (Agency Shop).

13. Letter received September 16, 2002, from the New Jersey State League of Municipalities regarding Make Plans to Attend the Annual Business Meeting Friday, November 22, 2002 at the Sheraton Convention Center Hotel.

14. Letter received September 16, 2002, from the New Jersey State League of Municipalities regarding the Private Well Testing Act and Rules.

15. E-mail received September 16, 2002, from the New Jersey State League of Municipalities regarding Committee Hearing on Clean Community Program.

State Depts./DOT/DEP/Permit's/LOI

16. Letter received September 9, 2002, from the State of New Jersey, Department of Environmental Protection regarding Letter of Interpretation - Line Verification Correction Applicant: SK Realty and Development Corporation / Block 4500, Lots 35&36. (Lot 35, 104 - 106 Route 206; Lot 36 - Goldmine Road)

17. Letter received September 9, 2002, from the State of New Jersey, Department of Environmental Protection regarding Permit for Hackettstown MUA for the Construction and operation of a Sanitary Sewer Extension to serve 61 single family dwellings (cluster homes) known as "Woodfield at Mount Olive" / AKA Bartley Ridge)

18. Letter received September 13, 2002, from the State of New Jersey, Department of Environmental Protection regarding Compliance Evaluation and Assistance Inspection, Clover Hill Sewage Treatment Plant.

19. Letter received September 13, 2002, from NJ Transit regarding request for Federal Financial Assistance.

20. Letter received September 12, 2002, from the State of New Jersey, Department of Environmental Protection regarding Deficiency Letter Regarding Application for Extension of Letter of Interpretation - Presence/Absence Determination. Applicant: NJ Foreign Trade Zone Venture LLC Block 204; Lots 1 and 1.01.

21. Letter received September 16, 2002, from the State of New Jersey, Department of Environmental Protection regarding Public Notice, Notice of Rule Proposal.

22. 23rd Annual Conference Announcement received September 20, 2002, from the State of New Jersey Department of Labor regarding Smart Growth in New Jersey.

MUA / MSA

23. Minutes received September 9, 2002, from the Musconetcong Sewerage Authority regarding the Meeting of August 7, 2002.

24. Letter received September 10, 2002, from the Musconetcong Sewerage Authority regarding acquiring additional capacity.
25. Letter received September 18, 2002 from the Musconetcong Sewerage Authority regarding Sewer Revenue Refunding Bonds (project I - Series 2002)

Correspondence from Organizations / Committees / Boards

26. Letter received September 9, 2002, from Oakwood Village Sewerage Associates regarding Notice of Hearing before the Board of Public Utilities.

27. Letter received September 13, 2002, from the Mount Olive Library site plans for the new library being put on the October 3rd meeting of the Planning Board.

28. Letter received September 12, 2002, from Midday Morris regarding "Education 2002 - The Good News for New Jersey" Program.

29. Notice of Public Hearing received September 16, 2002, from the Morris County Board of Chosen Freeholders regarding the former Oscar Kincaid Farm.

30. Letter received September 16, 2002, from the Morris Council on Alcohol & Drug Abuse regarding the 1st Annual Harvest Dinner Celebration.

31. Conference information/registration received from the Whitman Companies, Inc, regarding a conference and showcase for New Jersey Properties on October 10, 2002.

32. Notice of Public Hearing received September 20, 2002, from the Morris County Board of Chosen Freeholders regarding an auction of a portion of the former Oscar Kincaid Farm in the Township of Boonton.

Utilities

33. Letter received September 13, 2002, from T-Mobile regarding Federal Communications Commission Mandate.

President Scapicchio stated that we have 29 pieces of correspondence on the Agenda and asked if Council had any comments on same.

Mr. Rattner: You'll notice that there has been a quite a bit of correspondence from the Musconetcong Sewage Authority which I am one of the two representatives of Mount Olive as a Commissioner. What's happened there is just like every municipality in the State, we are having a lot of budget issues. The EPA and DEP something that Charlene touched on, on the water quality, our testing fees we figure are going to triple this year. Some of the requirements are that they are going to want continual testing of the stream. They have also lowered the requirements on quite a few different particulates that are in the water. Additionally you know that the deregulation electric power ends come next summer. It is the largest expense after payroll. The Musconetcong Sewage Authority is electric power, so we are projecting at least a 12 percent increase there. So what we have done is a couple different things to try to not just minimize the impact but actually keep the charges to the Towns level. A lot of what the correspondence was about is we are refinancing the debt from the expansion in 1993 because it is advantageous with the lower rates and we will be able to fund most of the repairs and maintenance for the next couple of years with just the savings from there. We are also restructuring the actual staffing of the authority to try and pick up some efficiencies there and the last thing is we have been aggressively trying to sell the little bit of excess capacity that we have and we have an eager Town in Hopatcong that has been taking anything that we can give them. What is good about that is even though they are not ready to put flow in for another two or three years until they put there pipe line in if they want it, just like a customer here, as soon as they sign the service agreement, they are starting to pay the usage charges. So we are hoping that with everything put together we should be able to keep the charges relatively flat or at least within our budget and our analysis when we went over our sewer rate. That's the reason for all the correspondence and it has also caused some pressure in the Clerk's Office because it's bonding of the authority which depends on the towns, they need all the financials of the individual towns, so the Clerk's Office had to put that together; the budgets the audits, those type of things.

President Scapicchio: Thanks Steve.

ORDINANCES FOR PUBLIC HEARING

Ord. #35-2002 An Ordinance of the Township of Mount Olive Vacating Cross Street. (Planning Board Requirement)

President Scapicchio opened the Public Hearing on Ord. # 35-2002.

President Scapicchio closed the Public Hearing on Ord. # 35-2002.

Mr. Greenbaum moved for adoption and final passage of Ordinance # 35 -2002. Mr. Perkins seconded the motion.

President Scapicchio: Council Discussion? Seeing none.

ROLL CALL: Passed Unanimously.

President Scapicchio declared Ord. 35-2002 as passed on second reading and hereby directed the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law.

Ord. #36-2002 An Ordinance to Amend and Supplement an Ordinance (Ord. #34-2002) Establishing Salaries of the Department Heads, Supervisory and Certain Non-Union Personnel and for the Employees of the Township Clerk's Office for the Year 2002.

President Scapicchio opened the Public Hearing on Ord. # 36-2002.

President Scapicchio closed the Public Hearing on Ord. # 36-2002.

Mr. Perkins moved for adoption and final passage of Ordinance No. 36 -2002. Mrs. Miller seconded the motion.

ROLL CALL: Passed Unanimously with the exception of Mr. Perkins abstained.

President Scapicchio declared Ord. 36-2002 as passed on second reading and hereby directed the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law.

Ord. #37-2002 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 $1,602,070 Therefore and Authorizing the Issuance of $1,113,900 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

President Scapicchio opened the Public Hearing on Ord. # 37-2002.

President Scapicchio closed the Public Hearing on Ord. # 37-2002.

Mrs. Miller moved for adoption and final passage of Ordinance No. 37 -2002. Mr. Spino seconded the motion.

Mr. Rattner: I am going to vote for the ordinance; however from our discussion about how we are going to fund the maintenance at Turkey Brook, I just want to let the Administration know that this may be the limit in dollars that I will be willing to go for in capital this year. So I am just asking them to go slowly just buy the things or what is in process, it is very very important. It is not saying that I am not going to be inflexible, but I am concerned about the rate of spending. One of the things that I did notice was that there were already lawnmowers in the budget for this year. This is not including what we were given last week about saying we need lawnmowers for Turkey Brook. If you also remember, the last couple years we have been buying some big lawnmowers every year. So that is why I am saying I am not sure that we really need all this equipment because I think we are going to come to the point that we may have more lawnmowers than we have employees which would be an interesting concept on productivity but I think when we prepare for next week that at least we are going back three years if you can get a list; what was in the capital budget each year for lawnmowers and tractors for buildings and grounds and how much we actually purchased. We could look at what we already have, plus what is going to be proposed. I don't have any doubt that we are going to need some additional equipment when we pick up a park of that size but I am going to be very very careful and that's all I am really saying.

President Scapicchio: Any other Council discussion? Seeing none?

ROLL CALL: Passed Unanimously.

President Scapicchio declared Ord. 37-2002 as passed on second reading and hereby directed the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law.

ORDINANCES FOR FIRST READING - NONE

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 a Contract with Schoor DePalma as Township Engineer for the Engineering Services in Connection with the Resurfacing and Drainage Improvements to Pleasant Hill Road.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract with Schoor DePalma in Connection with the Route #46 Sidewalk Improvement Program.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Purchase of a Vehicle for the Department of Public Works. (Amended to One Truck, not Two.)

4. Resolution of the Township Council of the Township of Mount Olive Requesting that the Association Dedicated to the Preservation and Protection of Beautiful Budd Lake be Given Quasi-Entity Status. (JIF Coverage)

5. Resolution of the Township Council of the Township of Mount Olive Authorizing Rejecting all Bids for Printing Services.

6. Resolution of the Township Council of the Township of Mount Olive Renewing the Plenary Retail Consumption License of Brinker New Jersey, Inc., License Number 1427-33-002-005.

7. Resolution of the Township Council of the Township of Mount Olive Renewing the Plenary Retail Consumption License of Barone-Tozzo, LLC., License Number 1427-33-005-007 (Previously known as the Bartley House).

8. Resolution of the Township Council of the Township of Mount Olive Authorizing Change Order No. 3 to the Contract Issued to Kyle Conti Construction, LLC., for Turkey Brook.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer's Agreement Between the Township and Wendy's Old Fashion Hamburger's of New York, Inc.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer's Agreement Between the Township and Woodfield at Mt. Olive in Connection with Section IIB.

11. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer's Agreement Between the Township and Woodfield at Mt. Olive in Connection with Section IIIA.

12. Resolution of the Township Council of the Township of Mount Olive Changing the Meeting Dates for the Month of October, 2002.

13. Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement of Vollers' Claim in Connection with Extras at Turkey Brook Park.

MOTION TO APPROVE CONSENT RESOLUTIONS AGENDA

President Scapicchio: This brings us to the Consent Resolution agenda. We have 13 Resolutions. Is everyone okay with the Consent Resolution Agenda?

Mr. Rattner: I think we are taking off No. 3 because we have a revised one.

President Scapicchio: Okay we will remove No. 3.
Mrs. Lashway: No. 3 is revised. It is in your amended agenda packet.

Mr. Guenther moved for adoption and final passage of the Consent Resolution Agenda. Mr. Perkins seconded the motion.

President Scapicchio: Anyone from the public wish to address the Council on the Consent Resolution Agenda?

Dave Jones, Budd Lake: Just curious, on No. 3, if this includes the vehicle they already purchased.

President Scapicchio: No we haven't purchased this vehicle, have we Cindy?

Mrs. Spencer: Actually this Resolution is to purchase the one dump truck that is authorized in the Ordinance that was just approved. It has not been purchased or ordered.

Bob Elms, Budd Lake: I understand that you just said that you were passing 13 Resolutions; there are only 12 on the Agenda.

President Scapicchio: My amended agenda dated 9/24/02 has 13.

Mrs. Lashway: The Agenda went through changes late in the day, so the last one is posted.

President Scapicchio: The 13th is a Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement of Vollers' Claim in Connection with Extras at Turkey Brook Park. This is a resolution that authorizes a settlement payment that Mr. Dorsey has negotiated with Voller's in reference to some bills that Voller's had submitted and claims they made for some additional work they claim they have done. Lisa do you have that out there now?

Mrs. Lashway: The resolution is on the table.

President Scapicchio: The Resolution is out there on the table we apologize for the mistake.

Mr. Elms: Thank you.

Mr. Greenbaum: Dave, if I may; Bob did you need extra time to review that resolution? Does anyone in the Public need extra time? I think that if someone has a comment we should hear it, but it does not seem like anyone needs extra time.

President Scapicchio: Anyone else from the public on the Consent Resolution Agenda? Council comments?

ROLL CALL: Passed Unanimously.

President Scapicchio: That brings us to the Bill List and the Supplemental Bill List. Mr. Rattner, do we want to take these together or do we want to take these separately. I am going to ask you to make a motion. Do you want to deal with the regular Bill List and then the supplemental separately?

Mr. Rattner: Yes. Think so.

MOTIONS

Bill List & Supplemental Bill List for Olympvs & Absolute Fire Protections.

Mr. Rattner moved the Bill List as submitted by the Administration, a total of 18 pages. Mr. Perkins seconded the motion.

President Scapicchio: Council comments?

ROLL CALL: Passed Unanimously.

President Scapicchio: Mr. Rattner, could you please move the Supplemental Bill List and Absolute Fire Protection.

Mr. Rattner moved the Supplemental Bill List as submitted yesterday September 23, 2002. Mr. Guenther seconded the motion.

President Scapicchio: Council discussion.

Mr. Rattner: I actually have questions on both. They came in late and in fact, and when I asked for an explanation, I guess the Clerk sent me the e-mails that I guess circulated inside the Municipal Building and I don't understand the first one and the second one, I will tell you what my problem is with that. This has to do with Olympus which we have been watching very closely. I guess this is what Cynthia sent to Lisa that requested to be put on. Yes. They signed a replacement P.O.. on Friday. The actual bill and first P.O. were received sent 8/20/02. Since it had been delayed not to any fault of theirs or ours, I asked for this consideration. If we are getting something late, I don't understand how it is nobody's fault and I don't understand what you are saying here. If this was a bill that came in, if it was going through the process, and it took a certain amount of time, why would we want to put it on at the last minute, and I don't understand where it is nobody's fault, if it came in late because we have a cut off.

Mrs. Spencer: It did not come in late. The P.O.. was lost in the mail and so when we were looking for the returned P.O.. and a couple of weeks had gone by, we contacted the vendor, they had never received the P.O.. and so we issued a new P.O.. but we had received the invoice, August 20th. They issued a new P.O.. and I took that to the vendor at the meeting on Friday and had him sign that because it was lost in the mail, but that really should not have held up the processing of a bill that otherwise met the conditions of their contract.

President Scapicchio: Cindy, I sort of recall that at some point we discussed the fact that the payments through Olympus had exceeded the amount allowed under the contract and the resolution and that payments had been given to Olympus were not; there was more money paid to Olympus than what was required on the new contract. There was a certain amount to be retained, that much was not retained.

Mrs. Spencer: Actually that goes back to the first month that I had started and Olympus has been paid in advance $20,000 over what I believe they should have been paid a that point in time. The last portion of their contract allowed for $50,000 for contract management. We did not entertain any bills from them up until this time and the bill that is before you represents a bill that went through 68% completion of all construction services which is the equivalent of $34,000 of the $50,000 for construction management. Because they had already received $20,000 before I started, that left $14,000 of what they've already completed their work under construction management and they were billing for $12,000 against that.

President Scapicchio: How much is left in the pot to pay Olympus?

Mrs. Spencer: Right now it is $30,000, if you pay this bill it will be $18,000.

President Scapicchio: Doesn't the resolution in the contract stipulate that they don't get paid that last fee until after the project is completed? That's one question. The other thing that I will put on the table for the Council is prior to this Council meeting, I had a meeting with Mr. Dorsey, two other associates of his and Mr. Buczynski and I would just recommend that we hold this. Mr. Dorsey and the other attorney are doing some research and John said that he needed an additional two weeks so that he could determine the direction that we take with respect to Olympus and their contract and the monies that they claim are owed.

Mr. Rattner: This one because it is a lot more money and again I understand that we figured out that the truck came in, we didn't know it. I have a question because somehow we were not notified that the truck did not come in or whatever. But an explanation is that a P.O. had not been set up in the system for the purchase. How did we order a truck without a P.O.

Mrs. Spencer: The Finance Department sets up an encumbrance for an order to be placed. There are several memos in finance files that deal with fire and rescue agencies in terms of how they are to notify us regarding when they place the order, what contract it is on and so forth. They are on file September 7, 2000 and May 31, 2001, both which address inappropriate processing on their part and the proper steps were spelled at to them in terms of when they are supposed to notify us.

Mr. Rattner: Who's part is it that it was set up inappropriate, it's our system. Does that mean Finance?

Mrs. Spencer: The encumbrance was made by Finance. The direction that these agencies are given is that at the time that the order is placed and when they get the notification of the timing, when a vehicle is expected to come in and notify Finance so that Finance can issue a P.O. to the dealer. Then it would come back and then upon receipt of the vehicle, the Fire Department or Rescue Squad would notify us that they had received the vehicle and we would then release the funds. In this case the Fire Department neglected to let us know, they were contacted, I believe it was Friday by the dealer to say that the vehicle is in and ready for delivery and the vendor would not wait beyond the end of the month for payment and if payment was not received, this $120,000 brush truck that was approved in the 2001 capital would be sold to someone else. So they came into us having not followed or set up procedure with this problem and we do not have another Public Meeting until Mrs. Spencer (cont'd): October 8, 2002.

Mr. Rattner: I still don't understand, I thought when we bought the truck we had to have the P.O.. set up because that's what we gave the dealer. How did the dealer know we are buying the truck? There had to be a P.O.

Mrs. Spencer: We are not agile. Flanders Fire Department is.

Mr. Rattner: No they're not because the assets are owned by the Town. It's a Township vehicle, they said what truck they want, we buy it. We own all the equipment. This is not the Flanders owned vehicle. This is a Township vehicle. So it had to be our purchase order otherwise the dealer is not going to accept. Anyway, that's the first thing. I don't understand that and I don't understand if the truck came in why we were told on Friday if you don't pick it up in three days we are going to sell it to somebody else after it has been on order for a year. I just don't buy it. I don't buy that at all. Second, I want to know who from the Township, which Township employee verified and inspected that the vehicle is being delivered as it was ordered to all the specifications and it works properly. We accepted a vehicle, we were told that it was accepted and it passed the tests and we were told then that the vehicle did not work. We were then held up and for some reason this Council decided to pay the vendor additional money to make it work above the contract. We were then told that the equipment that didn't work and didn't meet spec we couldn't get any money for because now it was a used vehicle and it ended up costing us a lot of money and it is because it was not properly inspected and checked. So before I would, especially now that it is a rush, before I would vote to pay, I want to see a verification, whether it's Fleet Maintenance or whoever we use saying that the truck and all the equipment works as specked. The rescue truck that we bought, the last rescue truck that we bought came in and did not. On the first call it failed and had to be taken out of service and it cost us I think another $11,000 which I feel was probably in violation of contract law because you don't pay a vendor more than what the contract states just so that he could deliver it properly so I would not even consider voting on this even if it came in on a timely bases and if it did I would have asked ahead of time to see who verified that it worked.

Mr. Spino: You don't have to hit me in the head with a 2 x 4 twice. I am not going to vote for this.

President Scapicchio: Looks like there is a motion on the table.

Mr. Perkins: Didn't we have the same scenario when we got the Durango that we were told that if the Fire Department had to get the Durango for the Fire Inspector otherwise they were going to sell it. Warnock had that on the lot. This is the second time with the Fire Department that we have been told, okay, you guys either get it off the lot or we are going to sell it out from underneath you.

Mr. Rattner: This was a spec'd out vehicle, this is not off the shelf, otherwise he would have got it and it's $150,000.

President Scapicchio: Well there is a motion on the table and we have a second to remove the $12,000 for Olympus.

Mrs. Lashway: The motion and the second are to approve, so I need to take a roll call.

ROLL CALL: Defeated

President Scapicchio: The supplemental Bill List dated 9/23/02 is not approved and the administration is not authorized to pay these Bills.

Mr. Guenther: May I make suggestion in that we receive in writing from the fire department the fact that they have inspected it and signed by the appropriate officer of the Fire Department that it meets the specifications.

Mr. Spencer: Is that sufficient or would you like our Fleet Maintenance people to inspect it also?

Mr. Rattner: I want somebody else. We got the verification last time from another Rescue Squad.

President Scapicchio: Then lets' let Fleet Maintenance do it for us. Okay, Council reports.

COUNCIL REPORTS

Library Board Liaison Report

Mrs. Miller: We met and we were having a big kind of celebration to honor certain people in the community
Mrs. Miller (cont'd): to work towards a new Library and it has kind of been revised because we found out that the Soccer Club was also having an awards dinner not the same night but I think a week apart and we felt that a lot of the people might be at both events. We revised it and I did get an email this morning saying that it's still on but it is not going to be the big fancy formal dinner, it will be a buffet and considerably cheaper but we are going to have it but I can't remember the date.

Recreation Report

Mr. Guenther: There was not a Recreation Committee meeting but did have a Shared Services Committee meeting; they are usually quarterly. This is actually the first one I had attended between us and the school people and just not to report anything specific but we went over items that we've gone over regarding Turkey Brook and so forth. The bottom line is that we have two very capable individuals working both with the Board of Education and our own Jim Lynch with the Township that have established a terrific relationship in cooperating in the use of equipment and information and I was very happy to see that. The comments were constantly made that this is a very changed situation over what it was two or three years ago so I was very happy to see that.

Board of Health

Mr. Perkins: Thank you, Dave. We met on the first Thursday this month. We had two applicants come before us that were looking for waivers from the ordinance that requires a 30 foot setback for a new pool installation from a septic field. The State has a 20 foot set back so the Board felt that the 20 foot setback was adequate since I guess we had a little overkill on the Township so the Board decided to grant the waiver for those two applicants. They still had to come in and get their standard permits including zoning and also building permits and one of them had to actually move two of the septic tanks out of the way, so he had to relocate those and put it in new ground, so he had to also get a construction permit. We had rejected the request from Blue Atlas, their PE had requested not to be onsite for soil boring samples to do the analysis. Our ordinances say that you have to have onsite supervision. He tried to fight that by presenting his employee who has excellent credentials, that person will be doing the testing. The Board did not feel that was appropriate and stuck by the ordinance so they refused and they must have the P.E. on site to review the soil borings as they are taken. We also had brought up at my recommendation a modification to the nuisance ordinance which deals with dogs and I had asked for it to include cats, albeit I am a cat owner. People that have a habit of letting their cats run free, and then parade around in chemicals and pesticides and jump on babies chests and that can be transmitted, that is something that could happen, there are other municipalities that as you are probably aware of in the news have been passing ordinances and resolutions saying that you can only have a certain number of cats within a domicile and so we are looking at that potential health violation in Town.

Planning Board

Mr. Greenbaum: A couple of items. The Hashemi Hearing has been rescheduled for October 10, 2002 at 6:30 pm. I expect the main issues to be discussed at the meeting to be water and fire. We had a Planning Board meeting last Thursday. The two major issues discussed were the Master Plan Re-examination report which was introduced to the Planning Board. There was lengthy discussion concerning the document and the Master Plan itself. That aspect of the meeting was adjourned to a later meeting I believe in November where there will be further discussion and perhaps adoption of the Master Plan Reexamination report. The main development matter which was discussed was the Illmore/Asmore application on second street in Budd Lake. As you recall it is a proposed 10 lot sub-division seeking nine front yard setback variances. The application is basically complete. During the course of the meeting the applicant brought forward a map that showed the application if the road were to be if somehow moved to lessen the need for the requested variances. It was not his intent to have that be his application and it kind of back fired on him because I think the majority of the Board were more in favor as were the residents who were in attendance of the new Board with the road kind of jogged a little bit than the application which was before the Board. The proposal which was not really on the table was just meant to show what it would look like really reduced the application from 10 lots to in all respects eight. lots, three requiring front yard variances just the portion accessing the main road where you couldn't jog the road. That was more in favor than the application, there was a motion that was made to approve the application as submitted but denied the variances. Before that was voted on the applicant requested an adjournment to discuss what ever options were available to him in terms of proceeding with the application. In other words he was not going to be happy with the way it was ultimately going to go down. That was granted and they are going to come back in and we will see what position they take, they may come in and say take whatever vote you are going to take and we will do what we need to do or they may propose some modification to the current application. It was a very interesting meeting.

Open Space Committee Report

Mrs. Miller: I don't think there is anything new that you don't already know about.

Legislative Committee Report

Mr. Guenther: We had a meeting the three of us, Steve Rattner, Earl Spino and myself last Sunday and we came up with an agenda of items divided into two. One general matter sort of overall philosophical items that we want to state our position that were meeting Mt. Olives' Township position on. We have discussed this before which we would then submit to our legislators. The four items are impact fees, one of the things we would like to try and find out and I don't know where we could get this and how many states actually have them but that has been something in front of the legislature for a long time and we want to come out strongly in favor of that. Mt. Laurel reform was another item, property tax reform; these were all macro issues if you will that are discussed at press all the time but ones we feel we should weigh in on at Mt. Olive time growth…

President Scapicchio: Bernie, back up. There is a bill and a supplemental bill in the legislature with reference to impact fees. I will get you a copy of that. Mr. King was kind enough to get that for me. Has it gone down to committee, Peter?

Mr. King: No, there is one in the Assembly and one in the Senate.

Mr. Guenther: But that has been in front of them a lot and it keeps getting shoved on the back burner, this is not the first time.

Mr. King: There was one about two years ago, when they went to vote it, was shot down.

Mr. Rattner: We have to keep our eyes open, last year there were three or four different ones, none of them ever moved.

President Scapicchio: I'll get you copies of that Bernie.

Mr. Guenther: The other one is time growth. The essential issue trying to establish the principle of requiring the building infrastructure before you actually build developments of any kind. Then there are just some specific mostly traffic issues in town where I tried to have this ongoing conversation with our Legislators, unfortunately due to the changes of Administration, there were new players involved with DOT but there are some items, mostly regarding Route 206 and Route 46 and we want to pick up with them again. So I'll be writing that up and be submitting it to our Legislators and see where we go from there.

Pride Committee Report

Mr. Perkins: We had a meeting the other week, a short meeting for myself because then I came in to the meeting here, what I did want to get out to the Council is if anybody has a recommendation for a new billboard, it takes approximately six weeks. We had tried to get something up there for September 11, 2002 as I had mentioned at the other meeting. Unfortunately, the turn around time is approximately 6 weeks, but by the time they can get something, get down the basic draft, give you a sample, get it approved, get it printed, they print four of them in case they rip up, that's how fast you can get them replaced, it takes about six weeks. So if there are any members of the public or any other members of the Council that are seeking to make a suggestion for the next bill board or the bill board that they would like to see down at Clover Hill as we enter Mt. Olive, realize that you have to give the Pride Committee a decent time frame. They are now going through their budget, Dave to see how they could also coordinate with Marilyn Ryan of Administration for some of the up coming holiday decoration, mew decorations at the Lake and down at Flanders. The old section of Flanders is limited with the number of telephone poles that can be utilized down there due to some of the high tension wires that are running between the poles. Unfortunately there is just not a lot of room down there. We don't have the same luxury that we do along the beach. Other than that there is nothing new to report.

President Scapicchio: Thanks, Ray. Are you making any process on the SOP to prevent lake contamination?

SOP Notification Response

Mr. Perkins: Two things. First, I unfortunately could not make the 6:00 meeting today. I did get some brochures and some literature sent by Frank Wilpert. I would like to recommend that we change that. I don't know that we could ever have the standard operating procedure to prevent lake contaminations. I think it is really a notification procedure when there is an emergency down there to be able to have that; all of the emergency response.

Mr. Greenbaum: Aren't we looking for an SOP beyond just notification? It is really the whole response to a spill. What do we do, who gets called, what is the procedure?

Mr. Perkins: That is already covered and I believe is being finalized in the emergency response plan. Because you have things like a gasoline truck overturned on Route 46 you have a specific emergency response plan, the people need to be notified including State, DEP, right on down the list including the lake personnel. So these lake personnel are actually the people that are being included in the notification process.

Mrs. Spencer: We have our meeting scheduled for October 1, 2002. That is the soonest that we can get the members from the Lake Association and all of the Township Officials together and we believe that we will be able to come up with a system where could get everybody notified.

PUBLIC PORTION

Ned McDonald, Budd Lake: I would like to thank all of the Council members for looking a this vehicle situation especially Steve who raised the flag on it. This isn't the first time we have gone through this and it probably won't be the last time. It does not appear that there is much of a procedure not only for vehicles but perhaps other large ticket purchases, I would suggest that some formal written procedure be put together so that vehicles from the ordering process, through the delivery process, the acceptance warranty situations that may arise, there should be a designated person or department to manage this. Not just whoever is handy a the Fire Department. I imagine the Police Departments run the same way. We are really relying on non-expert people in many cases I suspect to okay these large items. It just does not seem right that it could be so hap- hazard to bring something like a $130,000 truck in to the city and then say to the Fireman that may be on duty that day, how is the truck? And he says fine, it's okay. I don't think that is really the way we should be doing business in this Town. We should have a little more protection than that. The next item is the item that Mr. Perkins raised about the cats. Yes, there are other Towns that are looking at regulating cats. I believe Mendham is saying you can have 10 cats. As far as cats running through toxic waste and running over your babies chest, that is something I think that can be left up to the parents. I don't think we have to be concerned with their cats running over their children. If there cats are running over somebody else's children then it is something to be concerned about. I think we should get out of the business of regulating everything and leave a little more to parental control. It's just a little silly to be worrying about toxic cats. I have lost my train of thought on the third thing so I guess I have to stop now.

President Scapicchio: Anyone else from the public?

Jane Scherrer: I received this letter of application ZBA0215 about the single family home being built at 3305 lot 8 and I went to the Zoning Board with a recent survey of my property of the right -of-way because the tax maps were incorrect. So I brought the survey there and it says to please report to the meeting if I have any problems. I have no problems with a single family home being built there but I don't want to have a problem with the right-of-way that I own there; not being able to be used later on if I need to use it. There is a cement bridge across the brook.

President Scapicchio: Can I see that letter? Does it tell you that you should report to the Zoning Board of Adjustment? If it does, you are at the wrong meeting. May I see that please? Board of Adjustment meets on Monday night and they should tell you the date. Public Hearing has been scheduled for September 23, 2002. That was last night.

Mrs. Lashway: I understand that application was not heard last night. Call me tomorrow and I will put you in touch with the person you should speak to.

President Scapicchio: Anyone else from the Public?

Thea Dunkle, Budd Lake: I have a question about all of these garage sale signs on all the poles. No one ever takes them down. First of all, do they have to get a permit to have a garage sale in this towns

Mrs. Lashway: No.

Mrs. Dunkle: Do we have any littering laws? I drive by and it just always looks so trashy.

Mrs. Miller: I think it is actually against the law to put any kind of signs on telephone poles.

Mrs. Dunkle: Especially at the light there by the little market by the pizzeria there, they are just tacked up and they just blow away and they just look so awful, and no body goes back and takes them down.

Mrs. Miller: I think the telephone company does not like all the staples that are left even though they do take Mrs. Miller (cont'd): them down.

Mr. King: I know that there is a sign Ordinance and I would believe that the Code Enforcement Officer
drives around if there is a violation of that Ordinance.

Mrs. Dunkle: I mean they would be spending a full time job, I mean see the same signs because I go the same way. No one goes and gets them down, tape is left straggling. I thought maybe between the pride committee and I know they usually have the Town clean up which I have been involved in and I have picked up a lot of those signs, so I didn't know what could be done.

Mr. Perkins: Thea, the Pride Committee has been chasing after those signs since Dave Yourish was originally was with us. We were fortunate enough, I believe as of September 10, 2002 we have a new Code Enforcement Officer who has come on board here in Mount Olive after we have lost two. So with any luck once that gentleman gets his feet a little wetter, that would be the venue to get with, and if you see someone's name on there like those ones, work at home and it has a telephone number that is something you should give to that person as well.

Mrs. Dunkle: Well I know the postcard guy, he is very annoying.

Mr. Perkins: The worst part is regardless of what people put up there, they have done that throughout the ages. Telephone poles are the worst place to put them up because obviously when the guy goes up with the spikes in his shoes and he comes down, the spikes don't hold and the staples rip up the sides of the guy's legs. It is unsightly, it is something that the Pride Committee has done but what we have done is gone back again through the Code Enforcement, unfortunately we have not had an effective one for about four or five months. That is the best thing we could do is kind of work that way.

Mr. Spino: I thought we had something on garage sales, either limiting the number you can have per year.

Mrs. Lashway: Not as an ordinance, it has been discussed and the Zoning Officer said there is a certain amount if they are being held every weekend. We never did any type of Ordinance that regulated it.

Mr. Guenther: I have been in touch with Cindy about this, knowing that we didn't have an enforcement officer I kind of laid off, it has been one of my bugaboos about signs in general. I met with Dennis, the new Enforcement Officer; I believe he is taking action. I have some issue with a sign ordinance in general and I think you have mentioned it at time to Earl; I think maybe we should revisit the sign ordinance and make changes in there to make it more effective.

President Scapicchio: Bernie, do you want to get that on the workshop when you have some proposed changes?

Mr. Guenther: Okay. Not next time but how about the following time to go through the sign ordinance and make some suggestions.

President Scapicchio: That's fine. Put it on the workshop for November.

Dave Jones, Budd Lake: This is in regard to the toxic cats. Just out of curiosity, was there a number that was brought up or something like that?

Mr. Spino: No. As the ordinance said it limits it to ten.

Mr. Jones: I can understand like 30 cats or more but if you have two cats or something and a cat has a litter of eight kittens all of the sudden, then what happens then?

President Scapicchio: Dave those cats are never in the same place at the same time, so nobody is ever going to be able to count 10 cats. As long as they don't restrict the amount of dogs I am okay otherwise my wife will make me move.

Mr. Jones: That's my next question I was wondering if anything came up about dogs.

Mr. Perkins: No. The proposed ordinance is kind of two fold. It ties in with number 106 which is under nuisance. It's for folks that kind of open the door like Fred Flintstone at night and let the cat go out, then at about 2:00 in the morning you hear them singing where they are on peoples lawns, they go in kids sandboxes which unfortunately not everybody has a cover on, so children kind of go in there and kind of play with cat feces I don't want to make of trife toxic cats but yes, cats do walk through fields like every other animal and yes they do clean themselves a lot more often than dogs do. Can it happen? Yes, that was not the basis for us Mr. Perkins (cont'd): bringing it up, that was strictly a reference to Mr. Jones who brought that up on one occasion talking about the cats coming through Turkey Brook. So yes, we did talk about quote on quote toxic cats. Cats is a nuisance in apartments where people leave them, it takes up a lot of our Animal Control Officer's time, there are benefits to cats, but there are some downfalls to cats. So instead of giving them one paragraph in the Ordinance maybe it's about time to investigate looking at them a little more deeply, that's all.

Mr. Jones: There is already an ordinance about farm animals, isn't there? What does that cover anyway?

Mr. Perkins: I don't know off the top of my head.

Mr. Jones: There is just one other thing. It is not the cat's fault that they are becoming toxic, I think that really you should look at not using toxic chemicals anywhere in the Township. If it's a dog, a child, an old man who just happens to stumble; seriously.

President Scapicchio: Point well taken but I think it is an issue that you need to take to the Board of Health. The Board of Health is the Board that is considering that.

Mr. Jones: The Board of Health does not pass the Ordinance.

President Scapicchio: They certainly do. Oh yes. The Board of Health has some power. So if you have a concern about that I suggest you attend the next Board of Health meeting and let the Board of Health hear your concerns.

Mr. Jones: Just out of curiosity. Does the Mayor have the power to veto their ordinances?

President Scapicchio: I don't believe so.

Mr. Spino: He could try to beat our ordinances; I don't think he could beat theirs.

Mr. Perkins: If you have any questions on it Dave, give me a call.

Mr. Jones: Okay, I will send you an e-mail.

Mr. Perkins: Right now it is just out on the table for the rest of the Board to consider, and to come back with recommendations. It is not moving, we are not ready to adopt an ordinance yet.

Colleen Labow, Third Street, Budd Lake: One question, what was the function that Olympus was in charge of? What were they supposed to oversee the contract for? The bids that came in to work on Turkey Brook? Is that part of their job description?

Mrs. Spencer: Yes, Construction Management.

Mrs. Labow: So in other words when any of the bids came through then they are responsible to make sure that our interests were completely protected and that any available guidelines were met. Isn't there a DOT guideline from the State that states something about rock removal that should be included in construction contracts that states that you cannot be charged for any rock removal other than if it has to be removed by excessive means such as large equipment or blasting?

Mrs. Spencer: I am not familiar with the specific specification however there is one.

Mrs. Labow: There is one?

Mrs. Spencer: Yes.

Mrs. Labow: There is one and most of the companies when you have a project such as Turkey Brook, they are aware of that and I do believe because of their maybe ignorance of it, I am not sure we, we're actually a million and something dollars more than we need to be. So I don't know, is there some kind of steps we can take to protect our interests?

President Scapicchio: There are steps this Council is taking with regard to Oympus.

Mrs. Labow: Regarding the rock removal or other things and you can't discuss it because it is in litigation.

Mr. King: There is nothing in litigation, there is potential litigation.

President Scapicchio: I could simply say that I don't believe the Council was 100% satisfied in with their performance in terms of their design and engineering services. I think that is a fair statement.

Mr. Greenbaum: I could tell you that Mr. Lockerby would use everything he could get his hands on and anything which is said is going to come back as a potential sword against us.

Mr. Rattner: I think there is enough on the record that the position that this Council has taken over the course of the last year. All of that is public information; the minutes from our Public Meetings are available on the website.

Mrs. Labow: The other thing is that I would just like to make a comment in conclusion of my comments tonight. Mr. Rattner I think did an excellent job the two weeks with standing room only with all of the, sports people, trying to force the bids through for Turkey Brook and Steve was really very adamant about lets check this out and get this through. I have to say thank you very much because your point was proven. Again things were pushed through that should not have been pushed through and you guys were strong armed.

Mr. Rattner: The thing you have to look at is the end results, forget about the discussions and everything we had. We've got some issues now. I think one thing that we have to look at, a big project you are always going to have mistakes. But looking a the picture and looking at what it looks like now, it is starting to take shape and I am starting to get excited about it now.

Mrs. Labow: The end result is going to be great, I can't imagine anybody not being excited about it. It is about time we got something. I am so tired of this Town paying more money than we need to pay for every project we have. It is absolutely upsurd. We just really need to I don't know, find a way not to get ripped off all the time.

Mr. Spino: It's not all the time.

Mrs. Labow: That's true.

Mr. Spino: Right Dave, didn't you do this building right, and the Senior Building?

President Scapicchio: I think we did.

Mrs. Labow: Well this building, didn't you have to redo something with the circulatory system in the roof because they had the wrong size.

President Scapicchio: There are some modifications that will be made to the HDAC yes.

Mrs. Labow: Which that's standard. Thank you.

Ned McDonald, Budd Lake, NJ: Signs. Personally I think that garage sale signs are a good thing. They do a favor to the Town, both the seller and the buyer. It keeps a lot of stuff out of the trash, the only thing is there should be some control over when they come down after the sale, but the persons address is on the sign so you should be able to with a little bit of effort if it is necessary locate the people. If Bernie is going to be on a sign committee, looking at sign regulations, I hope he looks at real estate signs also.

Mr. Guenther: That has been the major thrust of what I have complained about because we have been very inconsistent they way that has been enforced and that is the main reason for my concern.

Mr. McDonald: Finally, this one is more for Ray. The large bill board, the only request I would have is that whatever is finally designed for the bill board, it is Township property, it is Township land. I think that whatever goes up there it should acknowledge that the residents of Mt. Olive should also be acknowledged on the bottom of that sign, not just the Pride Committee and the Mayor. I think we should all get a little credit for it. I don't want to see just one person's name on billboards around Town. It would have been nice if a 9/11 sign had acknowledged the residents of Mt. Olive. Thank you.

President Scapicchio: Anyone else from the Public? Seeing none Council Comments?

COUNCIL COMMENTS

Mr. Rattner: I just want to comment. This past weekend we had the annual triathlon and it was the biggest yet, 380 teams, probably more than that, the volunteers, the weather was good and it was also good to see some former employees, some of our Police Department, other people from in Town and a lot of our new people. It was a real good event. I think it does the Township a lot of good and it is something we should
Mr. Rattner (cont'd): have pride in.

Mr. Greenbaum: I have several comments this evening. First, on Saturday, I was lucky enough to attend the dedication of the gazebo and garden at Tinc Road School on behalf of the two employees who have since passed away. One who is on the flight that crashed in Pennsylvania. I can say that the gazebo and garden came out wonderfully and that the ceremony dedicating both was a real outpouring of community support both in terms of the school and the families that were involved. It really was a very touching and well done ceremony. Second, I am very pleased that the Marauder High School Football Team is playing good football this year. They very possibly could be 2 and 0 but for a late rally in the first game, I think that it benefits the town. The football team is obviously the most; in the forefront of the sporting activities that the Township Youth play in and I think that it is something that I am going to support by attending the home games and I would like to see the rest of the Council Members do the same because I think it is important to show community support for our sporting programs. Thirdly, I take exception to most if not all of the comments that Colleen made, I am not going to get into specifics, but I take exception with the comments, and last with regard to that sign and the comments which are constantly made; now that we have the new signs up indicating where Mt. Olive is. That was a beautiful job that was done by the Pride Committee, those signs are really nice. That big billboard sign just is not worth it. To continually hear criticism about the sign, I think you should just give it back and let whoever do what they want with it commercially.

Mr. Perkins: I wanted to echo Rob's comments on the Marauders. My son plays on the freshman league, they are 2 and 0 so that was a treat. The spirit always moves me. The Junior Marauders, the Cheerleaders, the Soccer. When you see the youth in this Township, it brings a good feeling because they are always smiling. They are always out there plugging for Mt. Olive no matter how crummy their day was, they're out there plugging. They deserve all the support of everybody I the Township especially the Council who I know supports them. Again, we did make a contribution toward the Footballs for the Jr. Marauders, we made that contribution at to the Jr. Marauders Football Association in conjunction with the Pride Committee. I wanted to bring up and I would not have brought it up but I will bring up just one last time, the billboard Ned and for everybody in Mt. Olive, please attend a Pride Committee meeting. They meet here the third Tuesday I believe of every month. They are open meetings. Liz Quimet is the Chairperson, I do not personally involve myself other than to be the liaison for the Council. How those billboards are placed, the time and energy that are spent, they are always open to suggestions and recommendations by anyone. I would ask that you attend that, talk to Liz, talk to Suzanne Dimonda who has been in contact and has done those boards pretty much since inception and get together. Even if you don't join the Pride Committee, sit in on the meeting once or twice, give some input and see if the Township could come up with a more workable billboard. We will never give the billboard back. Again I have made the statements and every Township that I have every been through the Mayor's name is always on there. I have made the statement that if it was Frank Ruggiero and I love Frank dearly, his name would be up there. Jim Schiess would have been there. Whoever the Mayor is. It is only because the Pride Committee took the effort and energy and went after that bill board to find out who owned it, how we could utilize it that it has sponsored by the Pride Committee. The Pride Committee is all of Mt. Olive Township, it is not just a group of two, ten or 1,000 people. It is all of Mt. Olive and it is the Pride in Mt. Olive. We are all the Pride Committee in Mt. Olive Township. Thank you, Dave.

Mr. Guenther: Mine is more in the form of a question. Since we turned down the printing bid, and I guess it is going to be revisited, what is the next step? What are we going to do with the printing bid, rebid?

Mrs. Spencer: We will be going out to rebid, we did find out that the vendor that we have been using since 2000 did not bid because their new parent company misunderstood the bonding requirements. They thought they had to bond for $20,000 instead of $2,000. We did in fact go out using the same specifications that were used in 1999 when it was last bid and we had not gotten any comments on the quality of the specifications at that time. We did receive back the comments from Hawk Graphics, and in some cases we will pay attention to them and other situations are out of our control. Some of the forms that we need are state mandated and we can't change them because a private vendor thinks it would be better to do it on a different quality of paper or that sort of thing. We are working with the County Purchasing Department to make sure that the specifications are clear and we will be going out for rebid.

Mr. Guenther: Was this the packet that was included? I am confused by what was given to us on the 1999 bid. Was this entire package what was submitted by the other vender in 1999. To me it was a little bit confusing. They said it was the same forms, but I did not see some of the same forms in the other one.

Mrs. Spencer: It was the same information. One of the things that was done before it was used was we went through each department and asked everybody what they used so they looked at the specifications and things that are no longer in use were deleted and some new items that have been added were added to the specifications.

Mr. Guenther: So this entire packet that was sent to us, this was the 1999 packet?
Mrs. Spencer: I don't know when you got that.

Mr. Guenther: Christie sent this to us on the 18th.

Mrs. Spencer: Was it addressed, because only one individual asked to get that?

Mr. Guenther: It was addressed to Ray and copies were given to us.

Mrs. Spencer: Okay, then that would have been the 1999 specifications.

President Scapicchio: Okay. I have nothing to report. I have a letter here from Barbara Swasey, the Principal of Sandshore School and she is actually inviting us to attend the opening day celebration for Project Fit America. It is a model program at Sandshore school and this will take place on September 26, 2002 at 1:30 - 2:30 pm and it will include a short demonstration used by the Students and she asked that I extend this invitation to the members of the Council. There is not R.S.V.P Any one from the Council think they can attend this? Okay, I will see if I can make some arrangements.

Mr. Greenbaum: You can plug that in with the tour of the Open Spaces, isn't that also Thursday?

Mrs. Spencer: Actually the tour of open spaces is on Friday.

President Scapicchio: Okay with that move for adjournment?

ADJOURNMENT

Motion made for adjournment. All in Favor, none opposed. The Meeting was Adjourned at 9:05 pm

_______________________
DAVID SCAPICCHIO
Council President

I, LISA M LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on November 26, 2002.


________________________
LISA M. LASHWAY
Mount Olive Township Clerk


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