Mount Olive Township Council Minutes
September 12, 2000


The Regular meeting of the Mount Olive Township Council was called to Order at 7:30 pm by Council Vice President Rattner.

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

ROLL CALL: Present: Mr. Heymann, Mr. Guenther (8:50), Mr. Scapicchio, Mrs. Kelly, Mr. Spino, Mr. Rattner, President Sohl (8:40)

Vice President Rattner: I expect Mr. Guenther any moment I haven’t heard from him. Mr. Sohl, I believe is on his way. For people who haven’t heard, his father just passed away and he is coming back from Long Island from finishing up some business. I would also like to acknowledge the attendance of the Business Administrator, Sandy Kaplan; the Township Attorney, John Dorsey; Township Clerk, Lisa Lashway; our CFO, Sherry Jenkins; our Director of Recreation, Eric Schulte; Library Director, Rita Hilbert; our DPW, Bob Casey And, Acting Mayor for today is our very own David Scapicchio. Mayor Licitra is on a much needed vacation, and Dave can make any type of Mayor decisions.

ADMINISTRATIVE REPORTS - Appointment of Marc Cicalese to Environmental Commission

S Appointment Joan Young to Library Board

- Proclamation -Leif Erikson Parade & Festival

Mr. Kaplan: Mayor Licitra would like to advise the Governing Body of two appointments. One, Marc Cicalese to the Environmental Commission and Joan Young to the Library Board.

Vice President Rattner: The Library Board Appointment needs Advise and Consent of the Council.

Mr. Spino moved for the approval of the Appointment of Joan Young to the Library Board and Mrs. Kelly seconded the motion.

ROLL CALL: Passed Unanimously

Acting Mayor Scapicchio: I have a Proclamation from the Office of the Mayor.


WHEREAS, Leif Erickson is generally attributed by historians to be the first European to reach North American over a thousand years ago; and

WHEREAS, Leif Erickson’s reaching America 500 years prior to other Europeans has become embodied in our history and tradition and is a matter of great significance to our country; and

WHEREAS, the Leif Erickson Parade and Festival Committee plans a parade, as well as series of events, including historical lectures on the Viking age to celebrate Leif Erickson’s arrival in America over a thousand years ago; and

WHEREAS, the Township of Mount Olive wishes to commemorate this event and to endorse the endeavors of the Leif Erickson Parade and Festival Committee in their celebration which will occur on Saturday, September 30, 2000, beginning with a parade from the municipal complex to Vasa Park at 11:00 am.

NOW THEREFORE, I Paul R. Licitra, Mayor of Mount Olive Township, on behalf of Mount Olive Town Council and residents of Mount Olive, do hereby proclaim Saturday, September 30, 2000 as Leif Erickson Day in the Township of Mount Olive and does hereby endorse the efforts of the Leif Erickson Parade and Festival Committee in celebrating the adventure of Leif Erickson and his place in American history.

Mr. Kaplan: I have one more announcement I would like to read into the Record. Mayor Paul Licitra announced that GPU Energy, the Township’s Electric Utility proprietor has agreed to hold a Public Forum with area residents to discuss in detail and answer any and all of your questions concerning the recent rash of power outages that we have experienced over the last several months. GPU’s plans to improve and upgrade their power generating and delivery system to our community and tree-trimming program, as well as other

utility issues that may effect our current and future quality of life in Mt. Olive. Said Meeting will take place on Wednesday evening, September 20, 2000, at 7:00pm in these Council Chambers, and everyone is invited to attend. Thank you.

Vice President Rattner: Thank you.


Mr. Dorsey: We have been promised by US Postal Service they are finally going to pay their $25,000 for Budd Lake Sanitary Sewer Assessment. Ms. Jenkins is on 24-hour Notice to advise me when the check is received. I will be so happy when we get that money. We have three items that we need to discuss in Executive Session this evening.

Vice President Rattner: I guess we will have the Executive Session at the end of the meeting, before we go to the Workshop, right?.

Mr. Dorsey: Yes.


$ August 8, 2000 (Present: Mrs. Kelly, Mr. Spino, Mr. Rattner, Mr. Guenther, Mr. Scapicchio, Mr. Heymann, Mr. Sohl; Absent: None)

$ August 22, 2000 (Present: Mr. Guenther, Mrs. Kelly, Mr. Spino, Mr. Rattner, Mr. Sohl

Absent: Mr. Heymann, Mr. Scapicchio)

Mr. Heymann moved for approval of the Minutes and Mrs. Kelly seconded the Motion.

ROLL CALL: Passed by the majority, Exceptions: Mr. Heymann and Mr. Scapicchio ABSTAINED on August 22, 2000.


Letters From Residents

1. Letter received September 1, 2000 from Nohora I. Barbini (Randolph Township) RE: traffic congestion around Ironia Road and Main Street, Flanders.

2. Letter received September 7, 2000 from Ron Jervis and Heidi Babcock, RE: Representing the United States as part of the United States Karate Team at the Karate World Cup, December 1, 2000, seeking donations for their trip

3. Letter received September 8, 2000 from Andrew and Christine Dowd RE: Continued concerns about the proposed Crown Tower Estates Development.

School Correspondence

Resolutions, Ordinances, Correspondence from other Towns

4. Resolution received August 24, 2000 from the Borough of Lincoln Park, RE: Support of A-2332 & S-1450, Transfer of Development Rights/NJ DOT.

5. Ordinance received August 24, 2000 from the Township of Washington to Amend Chapter 111, Land Use Procedures, Chapter 159, Site Plan Review, and Chapter 175, Subdivision of Land, of the Code of the Township of Washington to provide regulations for Stream Corridor Buffers.

6. Resolution received August 24, 2000, from the Borough of Chatham RE: In support of efforts of Essex County to find a suitable connection route and to seek any Federal and/or State grants to extend Eisenhower Parkway to the Triborough Bridge Interchange at Route 24.

7. Resolution received August 24, 2000 from the Borough of Chatham Opposing S-940/A-2371, Mining Industry Legislation.

8. Resolution received August 24, 2000 from the Borough of Chatham in Support of Senate Bill No. 5, to establish a “Conservation Action Fund.”

9. Resolution received August 28, 2000 from the Board of Chosen Freeholders, Morris County, New Jersey prohibiting parking on North Road and Hillside Avenue, Mt. Olive Township from 12:00 noon to 112:00 pm September 15 through September 17, 2000.

10. Resolution received September 1, 22000 from the Township of Roxbury Endorsing Mt. Olive Township Ordinance No. 30-2000, Entitled “An Ordinance of the Township of Mount Olive RE: Goldmine Road (No Longer Thru Street.)

11. Resolution received September 5, 2000 from the Township of Roxbury endorsing Mt. Olive Township Ordinance #30-2000 entitled “An Ordinance of the Township of Mt. Olive RE: Goldmine Road (No Longer Thru Street.”

12. Resolution received September 7, 2000 from the Township of Readington Opposing Bill A2332, Airport Land Development Rights acquisition.

League of Municipalities

13. Letter received August 24, 2000 from New Jersey State League of Municipalities RE: League Policy and Procedures on Conference Resolutions.

14. Notice received August 28, 2000 from Morris County League of Municipalities RE: Tour of School of Technology and Update of the New Career Academies.

15. Notice received August 29, 2000 from the New Jersey State League of Municipalities RE: League Luncheon for all delegates, Thursday, November 16, 2000.


16. Permit received August 23, 2000 from NJ DEP, Water Supply Administration - Bureau of Safe Drinking Water RE: ITC Water System in Mt. Olive Township.

17. Letter received August 23, 2000 from Robert S. Rogers, RE: NJDEP Freshwater Wetlands LOI (Line Verification B. 4501 L. 1.

18. Letter received August 30, 2000 from DEP, Green Acres Program in response to Mr. & Mrs. Bonte’s request to State to purchase Crown Tower Estates.

19. Letter received August 30, 2000 from David T. Norrie, Esq. RE: 220 Chamber Lane, Budd Lake, Application for LOI (Wetlands Delineation)

20. Stream Encroachment Permit received August 31, 2000 from DEP to New Jersey American Water Company to construct a 16 inch ductile iron pipe water main utility crossing of the Wills Brook located along Route 46.

Correspondence from Organizations/Committees/Boards

21. Letter received August 21, 2000 from Morris County Solid Waste Advisory Council RE: Morris County Solid Waste Management Polan (Plan) Inclusion Request; Morris County Shade Tree Department (Shade Tree) Class “B”“ Wood Recycling Center; Old Waterloo Village Road (Camp Pulaski.)

22. Minutes received September 8, 2000 from the Musconetcong Sewerage Authority RE: August 2, 2000 Regular Meeting.

Correspondence Regarding Tort Claims/Verified Notice of Lien Claim/Petitions

23. Letter received August 22, 2000 from Stratus Services Group, Inc. RE: Request for Emergency Relief with respect to transporting temporary staff to and from work sites.

24. Letter received August 24, 2000 from Stratus Services Group, Inc. RE: Petition for Certificate of Public Convenience and Necessity.

Land Use/Development Matters


Correspondence from Cable Networks/Utilities

25. Letter received August 23, 2000 from Verizon RE: Public Notice - Revised Public and Evidentiary Hearing Dates

26. Letter received August 23, 2000 from Elizabethtown Gas, Notice of Public Hearings.

27. Letter received August 31, 2000 from Cablevision, RE: Decrease in certain rates for cable service.

28. Letter received September 7, 2000 from NJ Natural Gas RE: Notice of Public Hearing, Consumer Education Program, October 3, 2000, Freehold Township, New Jersey.

29. Fax received September 8, 2000 from Comcast RE: September 2000 Highlights.

Correspondence from Legislative Representatives


Vice President Rattner stated that we had received 29 items of correspondence and asked Council if there were any comments on same.

Mr. Scapicchio: I would just like to mention that #10 is a Resolution that we received from Roxbury and that was endorsing the Township’s plan to create a cul-de-sac–or eliminate through traffic on Goldmine Road. And on #21 which is a letter from the Morris County MUA on the Solid Waste Advisory Council, they’re going to request that we endorse what they propose at Camp Pulaski–which is woodchips.

Mrs. Kelly: Which I would like to put on for discussion at our next Workshop.

Vice President Rattner: Lisa, please put that on the next workshop because we only have 30 days.

Mrs. Lashway: It has been sent to the Planner, the Fire Department, the Environmental Commission, and Council President asked for a response prior to October 1–which would be after our next workshop.

Mrs. Kelly: Well I would like to have the workshop first.

Mrs. Lashway: Before we have a recommendation from the Boards?

Vice President Rattner: Do we have time to respond to them?

Mr. Kaplan: I think you have until some time in October.

Mr. Spino: Their letter is dated August 21, thirty days from that date–

Mrs. Lashway: Within three months of receipt of this letter–

Vice President Rattner: Okay, let’s put it on for the first workshop in October.


Ord. #30-2000 An Ordinance of the Township of Mount Olive RE: Goldmine Road (No Longer Thru Street).

Vice President Rattner opened the Public Hearing on Ord. #30-2000

Mr. Bonte: I guess I’ll speak for both #30 and #31. The concern I have–and I realize why you’re doing this, at the same time, I would have a concern that you’re cutting off additional ways through, across town, especially when there are accidents. We seem to be intent on developments with cul-de-sacs and limiting access between communities. Every time we do this, we increase the traffic on roads like Route 206 and Route 46 and any slight event–even somebody changing a tire, creates quite the debacle. You really need to give some consideration to opening up ways where people can get from Point A to Point B without having to get on to a State highway. That’s a concern I have.

Vice President Rattner: One of the requirements in this–from a recommendation from the Police Department, just for those cases, when there are problems like that, there will be gates that there will be an access so if there is an accident and Route 206 is closed down, they will be open.

Mr. Bonte: Okay. I just hope we don’t live to regret closing off resident egresses around Town.

Vice President Rattner: Thank you, Mr. Bonte. Is there anyone else who would like to address this Ordinance?

Mr. Earl Robinson, 181 Flanders-Netcong Road: I’m all for the closing of these two roads. Number One, I think it’s very important. I, for myself, live on a very dangerous road right now. The speed limit on that road is 40 mph, which I think is very unreasonable. Some of these cars–they had a problem on Route 206 a couple of weeks ago, and the traffic on that road was going 50 mph. I even called the Township Police Department to get

obut there to slow that traffic down. It is very very dangerous. I also would recommend that we close Flanders-Netcong Road, and we cut that speed limit down to 35 mph, and we enforce it because it is bad. Thank you.

Vice President Rattner: Thank you. Mr. Kaplan, why don’t you put that on a list–if we do close the road, we should lower the speed limit so somebody doesn’t go barreling down there. Is there anyone else who would like to address this Ordinance?

Vice President Rattner closed the Public Hearing on Ord. #30-2000

Mr. Heymann moved for Adoption and Final Passage on Ord. #30-2000 and Mr. Scapicchio seconded the motion.

ROLL CALL: Passed Unanimously

Vice President Rattner declared Ord. #30-2000 as Passed on Second Reading.

Ord. #31-2000 An Ordinance of the Township of Mount Olive Vacating a Portion of Flanders Netcong Road.

Vice President Rattner opened the Public Hearing on Ord. #31-2000

Mr. Frank Armenio, Blue Atlas Nursery: At the last meeting, we had asked if we could put a sign up on the dead-end–wherever you’re going to put a dead-end we’re going to put a traffic sign. I just want to confirm that we are getting a sign.

Mr. Dorsey: Yes. Before the Ordinance can be effective, appropriate signage will have to be in place, and it’s going to have to be placed significantly down Flanders Road so that people get fair notice of it.

Mr. Armenio: Thank you.

Vice President Rattner: Is there anyone else?

Vice President Rattner closed the Public Hearing on Ord. #31-2000

Mr. Spino moved for Adoption and Final Passage on Ord. #31-2000 and Mr. Heymann seconded the motion.

Mrs. Kelly: I had a call from the Transportation Supervisor of Schools, and she was very concerned about this because it now makes Flanders-Netcong Road, from the Solar Sun Club to Mr. Scapicchio’s house one of our longest cul-de-sacs. You can’t send a school bus down there, and she doesn’t have money in this year’s Budget for a new van all the vans are filled to capacity, and she was wondering how this is going to affect the School Board Transportation.

Mr. Scapicchio: Why can’t a school bus go down there?

Vice President Rattner: Wasn’t the cul-de-sac designed so a school bus could go–

Mrs. Kelly: It is the school policy that no buses go down roads that end in a cul-de-sac.

Mr. Spino: That’s not what Mr. Rutledge told us. He asked us if the cul-de-sac was wide enough. The cul-de-sac is going to be 90', it’s a 45' radius. That was his only concern.

Vice President Rattner: Mr. Casey, as our “Special Projects Coordinator” please look into it.

Mrs. Kelly: Well, the question was whether it would effect this school year, and I couldn’t answer it.

Mr. Scapicchio: Well, the answer to that would be, it will effect it, because the Contract states that those cul-de-sacs will be in place before any construction begins. And I believe the ITC South is looking to begin construction shortly.

Vice President Rattner: Mr. Kaplan, seriously, could you just call your counter-part at the Board of Education and see if we can resolve that. Because as Mr. Spino said, the President of the School Board was just concerned to make sure that the cul-de-sac had a large enough radius and when he said it was, he didn’t see a problem. We don’t want to make Mr. Scapicchio’s children walk too far.

Mr. Scapicchio: They’ll walk.

Mr. Heymann: He wanted the cul-de-sac. He can’t have it both ways.

Mr. Scapicchio: And I think just to make the Record clear here, the concern with creating these two cul-de-sacs was the fact that this 811,000 square foot retail mall will generate 30,000 vehicles per day during the week, and 38,000 vehicles per day on Saturdays and Sundays. And if you took just 5% of that and tried to get a short-cut to this regional mall, you’re looking at about 1500 cars daily going through two residential neighborhoods with roads that are narrow, with children that live on those roads. It’s in the residents’ best interest to eliminate access to this regional mall by creating these two cul-de-sacs.

Vice President Rattner: Thank you, Acting Mayor.

Mr. Scapicchio: Thank you.

ROLL CALL: Passed Unanimously

Vice President Rattner declared Ord. #31-2000 as Passed on Second Reading.


Ord. #36-2000 Bond Ordinance Providing for Various Park Improvements to Turkey Brook Park in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $5,871,000 Therefor and Authorizing the Issuance of $5,102,450 Bonds or Notes of the Township to Finance Part of the Cost Thereof. (Turkey Brook Park, Phase I)

Mrs. Kelly moved that Ord. #36-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on October 10, 2000 at 7:30 p.m. Mr. Scapicchio seconded the Motion.

Mr. Spino: I will vote in favor of this for First Reading, but we really have to do some research. The CFO has done some information, but I think we really have to go over that to find out what the actual costs are going to be for this over the next “x” amount of years before we finalize it.

Vice President Rattner: All right–the Public Hearing is set for October 10, and any information that you’re going to require and request from Administration should be early so you can get it back in that time. We’re trying to move ahead, we would like to start the infrastructure so we can at least get the property excavated so real construction can start in the Spring, be complete with our Phase I by the Fall, so hopefully it could be played by the Spring of next year. So, right now, we really are on a tight schedule. I believe the Public has been waiting for this for five years, and we want to make sure that we move ahead. So if you have any questions or need additional information–and there’s a lot of information to consider, just get to the Administration as soon as possible so they have enough time to do a complete job.

ROLL CALL: Passed Unanimously


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 which 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.

Mr. Heymann: I would like to take #9 off the Consent Agenda–vote on it separately.

Vice President Rattner: Okay, it’s off.

1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees Posted by Mountainview Estates.

2. Resolution of the Township Council of the Township of Mount Olive Opposing A-2332/S-1450.

3. 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 2000 Municipal Budget ($135,000 for COPS Universal Hiring Grant)

4. 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 2000 Municipal Budget ($26,665.00 for COPS MORE Grant)

5. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract with Moore Industries Inc. for a Fixed Asset Inventory.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Business Administrator to Execute a Treatment Works Approval Permit on Behalf of the New Jersey Foreign Trade Zone. (CP-1 FTZ South)

7. Resolution RE: Amendment to 2000 Capital Budget. (Companion to Ord. #36-2000 Turkey Brook Park Bond Ordinance)

8. Resolution of the Township Council of the Township of Mount Olive Requesting NJDEP to Require the Removal of an Abandoned, Leaking UST from Property Known as Lot 77, Block 2700 within the Township of Mount Olive a/k/a DTA Car Repair - 360 Route 46, Budd Lake, New Jersey. (Budd Lake Sewer Project)

Mrs. Kelly moved for approval of the Consent Resolutions and Mr. Heymann seconded the motion.

ROLL CALL: Passed Unanimously


9. A Resolution to Award a Contract for the Completion of Portions of Flanders Park.

Vice President Rattner: I believe we got paperwork on this today. Mr. Casey, did you want to make a statement?

Mr. Casey: I would like to. You may not have had a chance to review the paperwork. We did receive Bids on Monday. We had five good Bids. What I would like to emphasize to you is, the way we designed the specifications, plus to get the total work on the bidded ballfield areas within 30 days after received. Our goal was to hire a Contractor to put the heads in, to sod the area–you get the sodding down this Fall, if we have a relatively decent Fall, we should be able to get the sod to knit, which would allow games to be played on most fields by next year. If we wait too much longer, and we don’t get it down this year, it will have to wait until next year because the heads will all be exposed coming out of the Fall. The actual contract, the remainder of the work has a longer contract on it, that’s because we can take a longer time with the facility once the sod is in place. The base bid that we are recommending to you is an irrigation system, cleaning the heads on the existing pipes. The completion of the baseball field, which is the fencing and the warning track and the building–we have to put a building there to control the irrigation system, that base bid–also a sidewalk along Flanders-Bartley Road, that base bid was $306,502. That was the low Bid, by Rochelle Contractors. The second low bid was something like $368,000. So, there was a fairly good spread between the two. Rochelle did a lot of the original work. I know a lot of you want to discuss that–there may be concerns. We would recommend that you award the base bid so we can proceed. We deliberately pulled a lot of the alternates out so you can choose. We’re recommending a total base bid of $360,000. We recommend you continue discussion of the lighting, and the jogging track around the field. Do this in phases, giving the financial considerations. But we need to work as soon as we can to get the irrigation heads in, and sod the field. One other comment I think we should make, there was some concern over Rochelle Contracting. I talked to Eric Schulte about his experience with Rochelle Contracting, he can address this issue–and, just for your information, Rochelle Contracting also did the Senior Center.

Mr. Eric Schulte, Director, Buildings & Grounds: As far as Rochelle Contracting goes, as far as I know, they fulfill the contract requirements for Flanders Park. They were responsible for the final product, the baseball field, the foul polls, the fencing, putting the irrigation in the ground. Everything else was done by Township labor–the basketball courts were installed by the Township, the parking lot, the volleyball courts.

Mr. Casey: I think the issue here is whether or not Rochelle was responsible for the grass.

Mr. Schulte: As far as Rochelle and the grass, I know he was there three times to seed that. He used the top soil that was at the site, he didn’t bring in any topsoil, and he seeded it three times. The first time, I recall, we had a storm and most of the mulch washed off the fields. He came back a couple of weeks later and hyrdo-seeded everything. We had another storm about a week later that washed that out—that was in the Fall of 1998. Then in the Spring of 1999, he came back and reseeded and fertilized the whole park again.

Vice President Rattner: Thank you, Mr. Schulte. Mr. Heymann?

Mr. Heymann: The prices under #9–the building. Is that the building that–hopefully we would have the concession stand and the bathroom facilities? The discrepancy is incredible. From $72,500 from Santos Brothers, to Rochelle $156,000.

Mr. Casey: The Line Items–we looked at the specifications, where they added, how they added to base the Bid. They put it in the building price for the lavatories in the building–

Mr. Heymann: Water I see–so if we go with this, we’re still going to have the unsightly port-a-johns down there.

Mr. Casey: No–we’re recommending put the sewer line. The concession building will have water & sewer, as well as all the control panels for the irrigation system, as well as the base electric for the lighting should you decide to put lighting there.

Mr. Heymann: I’m going to recommend for several reasons. Number One, when we used Rochelle the last time, even though we had our differences, we didn’t have a DPW to over-see the project, which is surely what Bob (Casey) is going to do, and at least give us some reports. As a matter of fact, we never knew what was going on because we couldn’t get much information with regard to it. I don’t want to delay this project. It’s now six or seven years past due. I’d like to be able to at least some items ready for next season for usage in a proper manner because the field really isn’t playable now, without a fence and without a proper infield, and then we can discuss some of the other items at a workshop. I would suggest we move forward on this.

Mr. Dorsey: I suggest before you sign a contract with Rochelle, you make him give you a progress schedule, a timeline, whatever you want to call it, and you tell him it has to be to your satisfaction. You may want to lay it out for him. You make him sign that as well as a copy of the plans and things, and tell him the minute he falls behind that timeline that is his timeline, we’re going to invoke default on him.

Mr. Scapicchio: What Mr. Dorsey said is very important to me. I came in here with the intention to vote “No” because I wasn’t happy with what appeared to be Rochelle’s lack of performance in a speedy fashion. If we’re going to put some safeguards in that contract that will allow us to either force a penalty on him, or force completion in one way or another, and if that means going out to another contractor, I guess I could go along with it. But, weren’t there also some other problems? I recall the mound being put in the wrong location, I recall the foul polls being put in faced the wrong way. I certainly recall on a number of occasions Mr. Heymann–and he took some of this on personally himself with meetings at the site with Rochelle, coming back with promises that weren’t fulfilled. Having additional meetings, coming back with some more promises and it just seemed like it was a long, long drawn out project.

Mr. Dorsey: David, you’re absolutely right. Mr. Heymann was rather dramatic, if not emotional about that whole issue. I think the dilemma you’re in here is, that according to Eric (Schulte) Rochelle was not a bad contractor. There were some unfortunate events like the drought of 1999. But I think the other element here is–and we didn’t have a special projects manager as Bob Casey, and I think that that is 90% of the problem in these cases. And, Number Two, if you seriously think about rejecting Rochelle’s Bid, you are going to have to go through a long process in order to accomplish that. And the time that gets eaten up in that process may very well, in the end be very much to your detriment because it could ultimately end up with Rochelle being awarded the bid here or in Morristown. So, it’s not a happy choice. But the tools with which to enforce the contract are there. And it would be different if we were working with a contractor who had absolutely defaulted. But it’s your choice.

Mr. Scapicchio: One more thing. How do we issue payments? Is it based on the work that’s itemized in the spread sheet as that becomes complete? Because the thought in my mind would be, as I look at some of these line items, and there are some major differences between all of these contractors, and specifically Rochelle–and I’ll take one for instance. Four-inch thick concrete sidewalk, the next low-bidder has a $40 per square foot price Rochelle’s price is $4.20. In my mind, I’m thinking out loud, is this a way to front load the payments so he gets the bulk of his money up front–

Mr. Dorsey: Front loading contracts is fairly common in the business. My position would be, you would simply pay a contractor based upon his price bid per item. If, indeed, to do so, would leave inadequate money to finish that portion of the contract which at that point in time is left undone. Now, it is typical–for instance, NJDOT runs into this all the time with road construction, and they just essentially re-arrange the Budget. So, they are never left with, theoretically, with inadequate sums to cover the balance of the job. Of course, the job is also underwritten by a Performance Bond so there is a place to fall back. But, Bob Casey, in approving the vouchers can de-load the front load as the Bid is laid out.

Mr. Scapicchio: All right. As long as we’re aware of this.

Vice President Rattner: Any other comments? All right, my comments. To say I was extremely disappointed with the performance before would be an understatement. There were promises even when Mr. Heymann went back, and he asked that we approve some vouchers, which we did just to keep the cash flow going, and he couldn’t even meet certain dates, or certain commitments that he made to you personally. Just because we have a time schedule, if we’re half way through, we’re not going to fire him. Just like we didn’t do the last time. We were told we’d have to go to somebody else, do the bidding, it would delay us six, eight months. But the real concern I have, his responsibility was the fine grading. I look at that grass outfield as being terrible. It’s uneven. The holes that keep popping up–I don’t think that the workmanship that was put in there was that good. I can’t, in good conscious, approve a contract for a vendor who embarrassed this Town and this Council for probably about two and a half years as we were going forward with that field. And that field really is an embarrassment. We spent the money, we kept going, and kept promising the people, and nothing really happened. It was one excuse after another. In good conscious, I can’t approve it. I’ll take a chance and vote for the second lowest bid. I’ll take a chance with somebody else because we have to get it done, but I’m not going to go with somebody where I think the quality was bad. If I had that guy working in my house and had that type of performance who missed the dates, I wouldn’t call him back. And if I wouldn’t spend the money myself, I’m not going to vote to spend the tax payers money in the same situation. Any other comments?

Mrs. Kelly: I think you said it all, Steve.

Mr. Spino: Can I ask a question? Did the Mayor not ask for us to hold this off until he returns?

Mr. Casey: The Mayor is asking that we hold off on the lighting, the specifics.

Mr. Spino: Okay.

Mr. Heymann: I understand you’re position, because I was the one who was faced with meeting Mr. Peter Rochelle at the site.

Vice President Rattner: You were the one who was personally embarrassed.

Mr. Heymann: Well, that’s true. But the fact of the matter is, I’m more embarrassed by the fact that we still don’t have a field. And next year comes again, and based upon the bidding laws, he’s the low bidder, I don’t want to see us tied up into three more months of some type of litigation, maybe he gets the award anyway at that point in time and another season has come by. The only difference I can say, it was not my job–which it was last time, unfortunately to oversee the job, because I really have a day job that I try to attend. But Mr. Casey is being paid to do this day job, and I believe he’s going to do it. When we have control over projects, we’ve been able to get those projects pretty much on time, within Budget, or even under Budget. I’m hoping that we can get that done, because if we don’t, it’s just another season lost. I’m not happy with the fact that he’s the winner, but we can’t always like the guys that win. I’m hoping we have better control, but I don’t want to take that gamble and I understand your position, but three more months go by, and we don’t have anything. Let’s move forward and get this field playable.

Vice President Rattner: Is there anyone from the Public who would like to address this?

Mr. Bonte: You’ve already said everything I wanted to say, but, Mr. Dorsey, can you put something in that contract that he will pay for every day he doesn’t make his time frame? Penalties, or pay back the Township regardless of whether it’s because of circumstances such as weather or–

Mr. Dorsey: The answer to that is–“No” because no Contractor is going to accept a liquidated damage clause where he is inexcused for “Acts of God” or unforeseen weather problems. Now, I suspect, Bob, it does call for liquidated damages–

Mr. Casey: Yes.

Mr. Dorsey: It’s in there? Now, the answer is, the standard liquidated damage clause will be in there. One thing I would like to do in the contract is tie it to the progress schedule that we are not going to get from Rochelle before we sign a contract with them.

Mr. Spino: How is the amount per day figured?

Mr. Casey: There is a schedule–the engineering firm has a schedule which they’re using and it’s predicated on the value of the contract. It’s a schedule used on a standard contract.

Vice President Rattner: Any other comments?

ROLL CALL: Defeated. Mrs. Kelly, Mr. Spino, Mr. Rattner voted NO

Mr. Heymann, Mr. Scapicchio voted YES

Mr. Heymann: No ballfield again.

President Rattner: I’m willing to approve a Resolution to the second lowest Bidder.

Mr. Dorsey: The proper procedure would be to adopt a Resolution disqualifying the low bidder. You’re going to have to deal with it. I’m not going to sit here and recommend you award it to a second contractor when you know the possibility of litigation by the low bidder is so clear here. It’s so clear that he is the low bidder. I assume that he has submitted his bid bond and his assurety and everything is in place. So, the next meeting we will have a Resolution to disqualify him.

Vice President Rattner: Thank you, Mr. Dorsey.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing the Submission to the Morris County Clerk of a Referendum Question, with the Request that Same Appear on the General Election Ballot for November 7, 2000. (Referendum Petition Question RE: Local Ethics Board vs. State Board).

Mr. Scapicchio moved for the approval of the Resolution and Mr. Heymann seconded the motion.

Vice President Rattner: Is there anyone from the Public who would like to address this Resolution?

Mr. Bonte: My question–I guess it is addressed to Mr. Dorsey, who is probably most familiar with the law–by passing this Resolution this evening, I presume this means the Council agrees to waive it’s right to overturn the Ordinance?

Mr. Dorsey: No, I think the purpose of the Resolution is to get it on the General Election Ballot, as essentially you had requested. By adopting the Resolution, they don’t waive the right to do that, but they are obviously following the request of the Referendum.

Mr. Bonte: But my question is this. The Petition Committee 100% supports the concept of trying to get this on the General Ballot, because obviously it would be very expensive to have a Special Election and we would save $15,000 - $20,000. This requirement of the Statute that the point of when the Petition is Certified that the Town Council can reverse their Ordinance that was passed. Which I’m not suggesting that you do. I think that would be in violation of what the Public is requesting. Then there’s also a ten-day period where the Petition has the right to withdraw the Petition. We prepared a letter this evening basically saying that we will waive our right to the period of time assuming the Council waives their right–

Vice President Rattner: Mr. Bonte, just so you know, last week at the direction of the Council President, the Clerk started the process, and started talking to the County Clerk. Mr. Dorsey has been working on it even before we started the certification on it because we wanted to make every attempt to get it on the Ballot–get it on the Ballot so it would be cost effective, and get the most people to vote on it. We saw the Petition come in, it was signed by what appeared to be an appropriate number of people to get it on the Ballot, and so we’re working with all diligence to make sure we can get it on properly.

Mr. Bonte: I don’t doubt that that’s the case, I want to make sure the legal requirements–the 21 day period–at the next Public Meeting, you could, if you wanted, reverse. And you have the right to do that. I just want to make sure–the County Clerk cannot act until that 21-day period has elapsed. I don’t want to find ourselves with an insufficient time frame to get it on the Ballot.

Mr. Dorsey: I suggest you pass this Resolution to get it on the Ballot. If you change your mind about the Ordinance, you can do that any time you want. We can add a clause “BE IT FURTHER RESOLVED the Township Council waives any right to act upon this Referendum other than to have it placed on the Ballot.” That’s the intent of the Resolution without specifically expressing it, but we can express it.

Vice President Rattner: So moved.

President Sohl: Second.

ROLL CALL: Passed by the majority, Exception: Mr. Spino voted NO.

Mr. Bonte: Well, I would just like to read into the Record a letter addressed to the Township Clerk: “Dear Ms. Lashway: Reference is made to Petition submitted to you September 7, 2000 regarding the matter of Ordinance Number 28-2000 dealing with the abolishment of the Mount Olive Board of Ethics. Regarding the requirements of NJSA 40:69A-19; relating to the submission of an ordinance or referendum to voters, or the withdrawal of a petition: The members of the petition committee agree to waive any rights to withdraw the above mentioned petition provided that the members of the Township Council of Mount Olive, NJ Agree by resolution on this date to accept as certified the above mentioned petition and waive any rights provided by law to repeal ordinance 28-2000 previously passed by said Council. It is our belief that this action by the committee and the Council will allow the petition question to be placed on the November 7, 2000 general election ballot rather than a special election. This will not only allow the greatest number of voters to cast their opinion on this issue but will save the Township between $15,000 to $20,000 in costs for a special election only weeks after the general election. The following five (5) registered voters designated as the committee of petitioners a provided by law hereby request consideration of the above matter: Lewis J. Candura, Robert I Elms, Richard Bonte, Julienne Godvin, Rudolf E. Nordman. Thank you for your time.

President Sohl: Thank you. Now, we’ll have a Roll Call on the Resolution as Amended.

ROLL CALL: Passed unanimously


1. Bill List. ATTACHED

Mr. Heymann moved for approval of the Bills and Mr. Rattner seconded the motion.

ROLL CALL: Passed Unanimously

2. Approval of Raffle Application #956 for St. Jude Church.

Mrs. Kelly moved for approval of the Motion and Mr. Heymann seconded the motion.

ROLL CALL: Passed Unanimously


Mr. Spino: The Planning Board had a busy meeting. The Trade Zone South was finalized. There are some major stores, Lowe’s, Sam’s Store, and a Wall Mart. The Chief will meet with their person in charge of security. We did not get a policeman, but we did get their agreement that they would meet with the Chief and work out a number that’s acceptable–the amount of security people they think they’ll have on site. Also approved was a Lisanti, one of the pizza products suppliers; Sutton Park Plaza, there’s a pad next to the Shell Station, and that’s going to be used predominately for a “Blockbuster” and some other small business next to it. That was not finalized. There was a housing development approved at Fairways, Mt. Olive–which is at the old Airport site, for about 26 homes. We started the process for Toll Brothers–Morris Hunt–on Flanders-Netcong Road, and the motel on Route 46, which you have correspondence–they would not grant an extension. They had many experts there that did not have an opportunity to speak because of the time limit. They would not give us an extension so the Planning Board did not have a choice–we moved and seconded to Deny the Application, and we will probably be in Court with the Developer for that parcel. Next, the Open Space Committee had a meeting last night. We met with representatives from Washington Township to discuss a joint interest, and that was producing a map for a “PIG” which means a “Paving Incentive Grant” on a property that borders Mt Olive and Washington Township–the property that goes along the South Branch of the Raritan.

President Sohl: Any other Council Reports?


President Sohl: I now open the meeting to the Public. Is there anyone who would like to address the Council on any matter?

Mr. Earl Robinson: The drainage problem on Flanders-Netcong Road created by Morris County–have you gotten anything from them?

Mr. Kaplan: Not yet. We intend on calling–we discussed it prior to the meeting.

President Sohl: Is there anyone else?

Mr. Stan Roedel: I read in the paper that there was going to be a ground breaking ceremony scheduled for October 14, for Turkeybrook?

President Sohl: I think that’s when the Mayor would like to. Whether that’s been firmed up or not, I don’t know.

Mr. Kaplan: It has not.

Mr. Roedel: There is a Bond Ordinance that needs to be–

Mr. Dorsey: I guess it would be very embarrassing if there was a ground breaking and no Bond Ordinance.

Mr. Roedel: Well, the second reading is October 10, you have to have 20 days passed that–

Mr. Dorsey: Well, if it passes on the 10th. Look, the scheduling of the ground breaking is entirely up to the Mayor. Perhaps, he’ll take your advice in order not to be embarrassed.

President Sohl: Anyone else from the Public?

Mr. Bonte: Could it be possible on the October 10th meeting, when the discussion of the Bond Ordinance for Turkeybrook is done, Administration provide for at least the next five years what the actual impact on taxes will be. And, at least some projection for Phase II. Give a timetable on Phase I, the impact. Can we have that for the next meeting?

President Sohl: Sandy?

Mr. Kaplan: Yes.

Mr. Bonte: Thank you. The second comment has to do with small, little things that we do as a community regarding the grand scheme of things. A number of years ago, I stood in front of Robert Kennedy tomb, and there was an inscription on it that had to do with each little ripple in the pond eventually breaks into a wave and makes some changes. This Council has done a couple of things that seemed very small at the time, but I think the impact is being felt. One of them, you saw the Headline in the paper on Sunday, Governor Whitman has reversed her stance on the bear hunt. And it if wasn’t for Mt. Olive and 30 or 40 other Towns out here in the woods requesting this by Resolution, I don’t think this would have happened. So, I want to thank the Council for passing the Resolution. The other, has to do with Crown Towers. You know there’s been a lot of letters written by a lot of residents. I got a very nice reply from DEP a week ago. It was not a “form letter” regarding the efforts they are trying to do with Mr. Paragano, and they firmly believe this property should be saved. It wouldn’t hurt if some of you were willing to–as citizens, maybe mention you are a member of the Council, supporting this. I honestly do think now, that there is a possibility that the land can be saved. It certainly would be an asset. Finally. I have to express to all of you the two most superior employees I believe you have in this Township. They consistently, over the ten years that I have been involved with anything in the Town government, they are two employees that understand what the meaning of Public Service is. And they are Lisa Lashway and Mary Eckel. It is really something that we should be proud of that we have these people in Town. They are always ready to help or direct you to where you can get the help you need. And certainly when it is something that they have to do it is done in a speedy and professional manner. The information that is forthcoming from that office is always accurate. I just want you to know that. Lisa, thank you, and thank Mary for all of the hard work you have done in the last few days. Your efforts will help the Town save some money here, but far beyond that, having worked with you and Mary over the last ten years. And if every Township Employee worked the way you guys do, this Town would be written up by the State

Mrs. Lashway: Thank you.

President Sohl: Thank you, Rich. Is there anyone else from the Public who would like to address the Council? Seeing none, I will close the meeting to the Public.


Mr. Heymann: I have a variety, believe it or not. Number One, I saw the response to the Daily Record to the Code of Ethics. Of Course it said, “Mayor and Council” but I now believe the Daily Record took that upon themselves, since as you know, and so the Record is clear, I did not agree with that correspondence being sent to the Daily Record but I do see that the letter has everyone’s name but myself. So, that’s a quckie. I would like to put on as a workshop item, Bill, the removal of the Recycling Center now harboring between our $40 million school and our Library. I’d like to get that thing moved out of there. I’d like to comment briefly, how disappointed I am that the Flanders Crossing Project again stalled. I believe firmly that the Bidder will proceed to Court costing Tax Payer money. Those of you who are always concerned about Tax Payer money, will be successful in three to six more months, and the project will then be completely kaput. I also wish to advise you people that he’ll also be probably low bidder with the Turkeybrook Project, and if comes in low bidder then, you’ll have to do what you have to do, and delay that project for another six months to a couple of years. I enjoy how quickly we can make an issue out of that, and I won’t go deeply into something here–and I couldn’t raise it last week because we only talked about Turkeybrook, but you all received the letter of August 19, from McConnell and Norton regarding the Hashemi Application. We’re in a lovefest with our Administration, and rightfully so, but if that letter had come before us and the prior Administration, we would have had the KGB, the CIA, the FBI, and everybody else investigating it. Now I would request through the Administration that Mr. McGroarty respond to if these allegations are correct how some 12 other applications were placed upon the Agenda for the Planning Board before that Application. I would like an explanation–if those are accurate. I don’t know if they are accurate or not, but it seems to me that there is some unfairness. Now, since that time, of course, some other events have occurred which will probably end up–as Mr. Spino indicated, would be in litigation. Now, my personal opinions I will not put here because I don’t want to help Mr. Hashemi in any way in his litigation process, But, I think if that is, in fact, accurate, it’s atrocious. I think it sheds more light on why there was so much pressure to change the zone in that area, and I really think that’s absolutely unfair. I don’t care if it’s Reza Hashemi, or Joe Smith, or anybody else. So I would hope that the Administration would ask Mr. McGroarty, who I certainly don’t think had much input. I think that someone directs someone to do certain things as to why if those allegations are true, that happened. I would like to know if it’s actual, why. And I was a little disappointed. We all got this letter, and I’m the first one to make comments. If it didn’t affect all of you, it certainly should have, and it certainly shouldn’t be rushed under the carpet because certain things should be allowed to go because we don’t want to ruffle any feathers. That’s not our job here. And I’m not sitting here bad-mouthing the current Administration by any means, but the fact is, if that didn’t offend you, then there’s something seriously wrong here with us. Again, whether it’s Reza Hashemi or not, I don’t really care. I can’t comment more–Mr. Dorsey may have some comments in Executive Session as to what’s going to happen with this whole situation. That’s unfortunate–I was going to bring

this up regardless of the fact that what happened last Thursday that ended up with his Application being denied because you wouldn’t grant the extension. I certainly don’t understand why you wouldn’t grant the extension after being deemed complete nine months ago, but, let’s hope within 30 days we can have some response to that. Other than that–that’s much more than I usually say.

Mr. Guenther: I just want to concur with what Ron said with regard to this particular letter. I did not comment Publicly on the letter, but I did comment privately to Council President Sohl that I thought it didn’t seem fair. It needed some investigation, needed a response. So, I just want to go on the Record that I had that concern. If these allegations are true there was something really rotten in the State of Denmark. That’s all I have to say.

Mr. Scapicchio: No comments other than to say that I think we should all reserve comment until we hear from the Planning Board and Mr. McGroarty as to the allegations contained in this document have any truth at all to them. Thank you.

Mr. Spino: I was at the Planing Board and I was quite happy with the explanation. There were some very small applicants that were passed over. Two that I know of, one which was a line adjustment and another which was a home business, both of which took a total of a half hour of time with the Planning Board. I don’t think there was anything done improperly. Mr. Hashemi can say whatever he wants.

Mr. Rattner: Now that summer is passed, and we had a couple more concerts at Waterloo Village which caused our Police Department and the area Towns some major problems–and it seems like Waterloo Village wasn’t always forthcoming with the information from the Towns, I suggest that we do some research, ask our Attorney as to what we can do in passing an Ordinance that would require that any type of Concert, Public Gathering, let’s say over 5,000 people, that before it can be held on any part of Mt. Olive Township property, or where our

Mr. Rattner (cont’d): services are required, that an application with details of how security, health, safety, and everything else is going to be handled and approved by our Police Department. I think what we have to do is have some sort of approval process that will force this venue to actually properly prepare. I don’t think it’s unusual. One thing that we’ve heard, other than the police is the way it’s run our rescue squad and the ones in areas Towns, ragged with 100+ calls–and they’re all volunteers. I know from being on the Band Boosters at the High School where they require an ambulance, if we couldn’t get the rescue squad to volunteer, we would go out and had to rent an ambulance. And it cost $500 for an ambulance with EMS. So, they have those services available. And, if an organization is going to put on an event that may have 15,000 people, they should have adequate internal security, they should have adequate medical people to try and handle the crowds that they’re proposing. I’m sure it can all be put in the price of the ticket. I don’t think it’s unusual. If it’s in the Meadowlands, or some other area that has concerts, and it’s something that big, than all that is prepared. I think if we start the ball rolling on it, I believe that Allamuchy, Byram, Stanhope, would probably try something very similar because we all have the same problems. So, I would like to plan that for a workshop maybe in November, and maybe by the Spring we could put something in effect and maybe try to control some of these things.

Mr. Spino: Maybe we should do it together with those Towns. Contact them and have a joint meeting. The other thing–do they pay extra for out police? Okay, just make sure.

Mr. Rattner: But, Earl, what they do, they plan it all, they come to Mt. Olive and say “We want to rent four policemen” and we have the standard rate. It doesn’t mean that that’s adequate, or if there are calls and other emergencies–and that’s what they always underestimate. They don’t have any of their own medical. We should make sure that we can review their plans. You saw what happened with the fireworks. 110 people we were told were needed for 3500 coming for fireworks.

Mr. Spino: I agree. I want to make sure that the police are involved to make sure that they have enough security.

Mr. Rattner: Have the Chief of Police sign off on it.

Mr. Spino: I agree. I think it’s something we should do as soon as possible.

President Sohl: I agree also. I think there is a need for a process as well as certain regulations. Perhaps we can have the Clerk research to see if other Towns have these types of facilities that we can model after.

Mr. Kaplan: If I may. I was speaking with Chief Katona today, and I know Chief Katona is working with the Chief of Byram to initiate some form of legislation if at all possible to address some of the issues that you have raised about Waterloo Village.

Mr. Rattner: Okay, but I want to make sure something is in effect because we don’t want to go through another season.

President Sohl: Okay. We’ll research it. I just have one final comment. I want to thank everybody for their concern. I lost my Dad this past Saturday. He was in a coma for almost two weeks prior to that. Before that, he was great. He was always active and everything else. So, he went out in style in that regard--82 years old. I learned an awful lot about the need for Medical Proxys, or Living Will, and things like that, which they didn’t have, and thankfully did not get too intense with the lack of them. But, you sure come to grips with some of the hard situations you face in a hospital environment when somebody is in a coma. If you haven’t already looked at it, look at it for yourselves and work those things out. If you know you don’t want to be on extended medical type of supports. Again, I thank everybody for your support, and Lisa (Lashway) keeping a good eye on things, and Steve filling in. So, thank you. John, you have something else?

Mr. Dorsey: I just want to make one point. I want everybody to understand that the Planning Board is an independent autonomous Body. The Township Council is not responsible for the actions which they take. And they take those actions independent of the Township Council–and I’m not sure why the letter is written to the Township Council–of course you can write a letter to anyone you want, but the Township Council is not responsible for the action or inaction they take. Now, whether or not we need an Executive Session on legal matters involving Smith Farm and ITC.

Mr. Spino moved to go into Executive Session for reasons of Litigation and ITC Negotiations and Mr. Rattner seconded the motion.

ALL IN FAVOR, NONE OPPOSED. The meeting was Closed at 9:13pm and Reconvened at 9:55pm.

Mr. Dorsey:


WHEREAS, Resolutions approving various Developers’ Agreements based upon Preliminary Site Plan Approval, Developer’s Agreement dealing with Vacation and Dedication Agreement, and the construction of ITC South until the Township is in receipt from NJDOT of a Letter of Approval as to Ordinances #30-2000 and #31-2000.

Mr. Scapicchio: So moved.

Mrs. Kelly: Second.

President Sohl: Discussion? Just for clarification for members of the Public. This is to basically make sure that we don’t get caught in a position whereby we have construction–we have the ITC going in and the DOT might–we just don’t know–say, “You can’t cul-de-sac Goldmine Road.” Part of the whole Agreement that was worked out between this Township and ITC South was to include those cul-de-sacs. And without them–as far as this Council is concerned–I believe as this vote will indicate, the deal will be off. It’s their obligation to make sure those approvals come through. We don’t want to be caught in a case where we have the ITC South, and no cul-de-sac. Is there anyone from the Public who would like to address this?

ROLL CALL: Passed unanimously

President Sohl: I believe that now concludes our Public Meeting for tonight. We will adjourn our Public Meeting and move on to our scheduled Workshop Meeting.

Motion made for adjournment. All in Favor, None Opposed. The Meeting was adjourned at 10:00pm..


William H. Sohl

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 September 26, 2000.



Mount Olive Township Clerk





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