The Special Emergency Public Meeting of the Mount Olive Township Council was called to Order at 3:32 pm by Council President Tobey.






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




Present: Mr. Tobey, Mrs. Labow, Mr. Mania, Mr. Roman, Mr. Walsh


Absent: Mr. Perkins and Mr. Greenbaum


Also Present: Mayor David Scapicchio, Sherry Maniscalco, CFO; William Sohl, Business Administrator; Lisa Lashway, Township Clerk


ORDINANCES FOR FIRST READING (2 nd reading – October 18, 2011)


President Tobey: We have one Ordinance for First Reading. Second Reading is October 18, 2011:


Ord.#31-2011 Bond Ordinance Providing for Improvements to River Road in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $130,000 Therefor and Authorizing the Issuance of $123,500 Bonds or Notes of the Township to Finance Part of the Cost Thereof.


Council President Tobey: Mrs. Labow, would you please move that?


Mrs. Labow: Thank you, Mr. President. I move that Ord. #31-2011 be introduced by title and passed on First Reading and that a meeting be held on October 18, 201 1, at 7:00 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Budd Lake, NJ, for a public hearing, consideration of second reading and passage of said Ordinance and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.


President Tobey: Thank you. I'll second that. Any Council discussion? Roll Call please.


Mrs. Lashway: I just want to confirm with Sherry that October 18 th is the date instead of November 1 st , correct?


Mrs. Maniscalco: Yes.


Mrs. Lashway: Okay.


ROLL CALL: Passed Unanimously


President Tobey: We have three resolutions listed. I would ask Mr. Mania to please move Resolutions one, two and three.




  1. Resolution of the Township Council of the Township of Mount Olive Approving an Emergency Repair in the Amount of $119,464.50 Due to Damage to River Road.


  1. Resolution of the Township Council of the Township of Mount Olive Authorizing a Capital Budget Amendment for the Repair to River Road in the Amount of $130,000.


  1. Resolution of the Township Council of the Township of Mount Olive, in the County of Morris, New Jersey Authorizing an Emergency Appropriation Pursuant to N.J.S.A. 40A:4-48 to Fund Improvements to River Road.


Mr. Mania: Mr. Chairman, I move Non-Consent Resolutions one through three.


Mrs. Labow: Second.






President Tobey: Any questions from Council? Mr. Roman.


Mr. Roman: These resolutions that we are approving, do they somewhat aid in the ability for residents to apply with FEMA or any other government agencies?


Mayor Scapicchio: We don't think it does for the road repair. This is for the section of River Road that got washed out, Alex.


Mr. Roman: I remember seeing an email coming across regarding applying for disaster assistance.


Mayor Scapicchio: We'll get into that after you, that will be part of my report.


Mr. Roman: Okay.


President Tobey: Any other questions?


Mr. Mania: That includes the bridge I would assume, right, the repairs?


Mayor Scapicchio: It does not.


Mr. Mania: It does not?


Mayor Scapicchio: Does not. That bridge is a privately owned bridge on a privately owned street and I can address that now or I can wait until you adopt these resolutions.


President Tobey: If you want to address it now, Mayor, please, thank you.


Mayor Scapicchio: Alright, the issue is it is a private road with a private bridge. We had a lot of people work on this today. We had contact with the Army Corp of Engineers, Congressman Frelinghuysen's office, the Morris County Emergency Management office and the conclusion is this; it's a private bridge. There is nothing that other government agencies can do. We have come up with a plan and we scheduled or we are in the process of scheduling a meeting with the three property owners whereby we, Mount Olive Township, can adopt an ordinance funding the bridge, the road repair and assessing the homeowners to repay that bond. Sherry checked with Bond Counsel and the attorney. It is something that we are allowed to do. We had a bridge company out there. The bridge itself is about $50,000 and then we need to get a contractor to install the support on both sides of that river to support the bridge. My guess at this point, we are probably looking at about $75,000 to get that bridge in place. We'll have firm numbers tomorrow. Kathy Murphy is setting up the meeting with the three property owners that are affected and that's the approach and the plan that I'm going to present to Council once we've got all the pieces of that puzzle put together. They can't get in or out. There is a family there that has a child that is handicapped. It's a disaster area. I don't think they have the funds to pay for the bridge themselves and this is one way that government can help them out and that's what we are going to try to do.


President Tobey: Thank you, Mayor. Mr. Mania.


Mr. Mania: Mr. Mayor, you say we're going to assess the homeowners. What kind of a payment schedule would we have with them?


Mayor Scapicchio: It is going to depend upon a number of things. The total cost, we have to recoup the total cost from those homeowners so whatever that total cost is based on whatever we financed the period for, 15 or 20 years. We don't know what that number is but certainly approximately $75,000 divided three ways…


Mr. Mania: By three, $25,000 a piece.


Mayor Scapicchio: over a10, 15 or 20 year period at a low interest rate is something that they should all be able to afford. Sherry, do you want to add anything to that?


Mrs. Maniscalco: No, the Mayor quoted it correctly. We have to negotiate obviously but the plan should be that whatever the term is that we borrow the money over is what we in fact would look to have them pay back.


Mayor Scapicchio: Originally, I was in favor of taking it over ourselves and repairing but then Jim or Tim Quinn brought to my attention that there are a number of other bridges and private roads on that same street and if we fund this one through the general tax base, what would happen down the road. So we thought about it and this was the solution that I thought would work the best. The homeowners are going to have to sign on to it. Every indication is that they are looking favorably upon that. That's the road we are going to go down and hopefully I can convince you guys that it is the way to go and we move forward.


President Tobey: Mr. Roman?


Mr. Roman: Are we going to be making that assessment as part of, attach it on to their property tax bill or is that going to be a separate…


Mrs. Maniscalco: It will be similar to the sewer assessment, Alex.


Mr. Roman: Okay.


Mrs. Maniscalco: You know, we'll send out a bill and they will pay it annually, that kind of thing.


Mayor Scapicchio: And also, what we are going to try to do is we are going to try to get FEMA funds to pay for this. That is something that you apply for and it happens down the road but the argument we are going to make is that the storm of Irene contributed to what happened yesterday in terms of the additional flooding and the inability of the ground to absorb that water and we're told that the homeowners have some pictures before and after and during the storm of Irene to show that there was some damage that occurred to that bridge. That's what we've been working on all day. We think we've come up with a solution and when we get more information, we will certainly pass it on.


President Tobey: Any other questions from Council? Seeing none, Roll Call please.


ROLL CALL: Passed Unanimously




President Tobey: We are up to the Public Portions. Does anyone from the public wish to be heard? Seeing none, any Council Comments?




Mrs. Labow: One quick, all of this work to help restore the bridge is going to take place immediately and then we'll do the funding afterwards?


Mayor Scapicchio: We are in the process of getting the pricing now, Colleen, so we are working as quickly as we possibly can. I mean it is something that needs to be done immediately. You have people who are staying in those houses and we have no means to get in or out in case there is an emergency.


Mrs. Labow: So they'll have some, something will be put in place as soon as possible…


Mayor Scapicchio: We are trying to meet with these homeowners tomorrow. Within days we hope we get a signed contract to move forward.


Mrs. Labow: Good.


Mrs. Maniscalco: Just keep in mind that we can't do any work until we actually have the funding in place which is the problem we have with this project.


Mayor Scapicchio: We will either have to ask you for another Special Meeting or possibly I can have all of the pieces of this puzzle put together for Tuesday's meeting. That would be my goal.


President Tobey: Whatever we need to do. Mr. Mania.


Mr. Mania: Do we need to get more than one quote for that?


Mayor Scapicchio: I don't think we do. It's an emergency situation. It is my understanding is the company that Congressman Frelinghuysen turned me on to works for the Army Corp of Engineers and supplies these bridges on a regular basis to both the State and Federal government. I don't think we have time to do that, John.


Mr. Mania: I understand. I'm just asking.


Mrs. Maniscalco: It is an emergency.


Mr. Mania: I agree with you, it is an emergency and we need to attend to it as quickly as possible.


Mayor Scapicchio: I mean he, the Congressman made a phone call and this gentleman came out within in an hour and met with me.


Mr. Mania: You can't beat that.


President Tobey: Mrs. Labow?


Mrs. Labow: I just wanted to ask, for Tuesday, in case if they can't get everything ready for Tuesday night, can we make some kind of motion to move forward so we wouldn't have to try and get everybody together for a Special Meeting, like a just in case.


Mrs. Maniscalco: Not, if it is an emergency kind of situation.


Mrs. Labow: Okay.


Mrs. Maniscalco: It sounds to me like it is going to be the same process as we already did here because even if we do a capital ordinance, obviously there is a timeframe for when it becomes effective so it sounds to me like you are going to be looking at doing another emergency.


Mrs. Labow: Okay. Alright.


Mrs. Maniscalco: And then deal with the capital ordinance.


Mr. Mania: Whatever needs to be done.


Mrs. Labow: Whatever needs, I just thought, I was going to see if we could expedite it a little bit more but that's okay.


President Tobey: Any other Council Comments? I just have one. I would like to acknowledge and thank everyone who's been involved in this process so far, dropping what they've been doing to get to where we are today at this meeting.


Mrs. Labow: Good job.


Mr. Mania: I just want to make one quick comment; I want to comment to the Administration for moving this thing along as quickly as possible.


Mayor Scapicchio: Thank you.


Mrs. Labow: Thank you very much.


President Tobey: Mayor?


Mayor Scapicchio: I've got a Proclamation declaring a local state of emergency that I'd like to read into the record.


President Tobey: Please.


Mayor Scapicchio: And it is for a number of purposes. T o All Citizens and Persons Within the

Municipality of Mount Olive Township, New Jersey, and to All Departments, Divisions & Bureaus of the Municipal Government of Mount Olive Township


WHEREAS , pursuant to the powers vested in me by Chapter 251 of the Laws of 1942, as amended and supplemented, NJSA App. A: 9:30 et seq.; NJSA 40-1(6), and ordinances enacted pursuant thereto by Mount Olive Township, I have declared that a local disaster/emergency exists or is imminent within Mount Olive Township; and


WHEREAS , the aforesaid laws authorize the promulgation of such orders, rules and regulations, as are necessary to meet the various problems which have or may be presented by such a disaster/emergency; and


WHEREAS , by reason of the severe storm of Irene, Lee and the storm of September 28, 2011 cause severe damage and associated health, safety and welfare concerns in Mount Olive Township, should be declared a disaster area, and further, that certain measures must be taken to insure that the authorities will be unhampered in their efforts to maintain law and order as well as an orderly flow of traffic, and further, in order to protect the persons and property of the residents affected by the conditions; and


WHEREAS , the following area is a disaster/emergency area: Mount Olive Township.


NOW THEREFORE, IN ACCORDANCE WITH the aforesaid laws, we do hereby promulgate an declare the following regulations shall be in addition to all other law of the State of New Jersey and Mount Olive Township and it is going to be signed by me and Freddie Detoro, Emergency Management Coordinator.


President Tobey: Thank you Mayor. At this time I'll accept a motion to adjourn.




Motion to adjourn made and seconded. All in favor, the meeting was adjourned at 3:45 pm.




Phil Tobey, Council President


I, Michelle Masser, Deputy Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes are a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on October 18, 2011.




Lisa Lashway, Township Clerk









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