Mt. Olive Township Council Minutes
May 28, 2002

The Regular Meeting of the Mount Olive Township Council was called to order at 7:30pm 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.

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.

Also in attendance: Mayor Licitra, Cynthia Spencer, Business Administrator, John Dorsey, Township Attorney, Lisa Lashway, Township Clerk, and Jack Marchione, Tax Assessor.

ROLL CALL: Present: Mr. Guenther, Mr. Greenbaum, Mrs. Miller (7:50), Mr. Spino, Mr. Scapicchio
Absent: Mr. Perkins

PUBLIC COMMENT PERIOD

Bob Elms, Budd Lake, NJ: The public comment period that we have at this point should cover the entire meeting agenda because it does not appear to be another public comment period after everything is completed and voted on by the council. The comment period for Consent Resolutions is after the Council has voted on them and not before so it is a done deal already. We think maybe that comment period should be moved somewhere.

President Scapicchio: Bob, we put an additional public comment period at the beginning of the meeting so that you and any other residents have the ability to comment on anything that is on the agenda or anything that is on your mind that is a concern of Mount Olive Township.

Mr. Elms: The comment period for that part of it, the Consent Resolutions is after the Consent Resolutions are over.

President Scapicchio: The Consent Resolution is moved, it is seconded and then we have a public comment period before we vote on it.

Mr. Elms: Well than it should be before.

President Scapicchio: You certainly will have an opportunity to address us on the Consent Resolutions agenda if that is your wish.

Mr. Elms: Under the correspondence No. 25 for BMED and the Non Consent Resolution No. 8. Are these the reasons for Ordinance 24-2002? If so why aren't they all together? Apparently we got a letter from BMED.

Rob Greenbaum: Do you want an explanation?

Mr. Elms: Well, correspondence No. 25 and Non Consent Resolution No. 8. Both concern the BMED expenditures. Then we have an Ord. 24, that is going to authorize a special appropriation. Is this all to cover the BMED letter of how much more they want?

Mr. Greenbaum: It is my understanding that the BMED letter relates to legislation which we have been aware of for a long period of time with regard to how those payments can be made. It is not an additional amount of money. It is money which has been assessed. Actually I should have Sherry explain it to you.

Mrs. Jenkins: There was a letter that was sent advising us that, in fact, the legislation had been passed allowing us to fund that special assessment over three years. If the Council so chooses to do that they need to pass an Ordinance to declare this special emergency and then also a resolution needs to be passed concerning financing of that. That's special assessment. They are all interrelated.

Mr. Elms: So that is money that we owe them for last year?

Mrs. Jenkins: Actually I believe it goes back to 1999 and 2000.

Mr. Elms: Turkey Brook. Has anyone thought of moving the detention pond?

President Scapicchio: We are going to have a Public Report after administrative matters. We will have an update from the Administration on Turkey Brook.

Mr. Elms: Okay, but also in Ordinance No. 26 we are authorizing a million and a half dollars to move the rock out of the pond. Can't we move the pond out of the rock? Has anybody looked at that?

President Scapicchio: I am not quite sure that is an option at this point.

Mr. Guenther: We're you here last week Bob?

Mr. Elms: No I was not.

Mr. Guenther: It was discussed when we had the Engineer here, and that was discussed.

Mr. Elms: I was here at the meeting before that and it was taken into closed session.

Mr. Guenther: Well no, last meeting we had a report from the Engineer and essentially the topography the way the flow goes it is really the only place to put the detention pond the way I understand it.

Mr. Greenbaum: Just so that the record is clear as well. The discussion with regard to Turkey Brook, there was a lot of discussion about taking it into closed session. But overall the status of the Project was discussed in open session. There was significant discussion as to whether or not it belonged in closed or open session. Those who felt it should be an open session ultimately prevailed. The only discussion which encurred in closed session were what type of negotiations we're going to occur with regard to the contractor which was a proper subject for executive session. Also, I don't believe your numbers are correct with regard to the rock removal. As far as I know it is not costing $1.5 million to remove the rock. The actual cost for removing the rock is $800,000.

Mrs. Spencer: It is $1,000,050. But there are also potential credits for other activities so that it would bring that overall number down to $850,000.00.

President Scapicchio: Cynthia, do you want to explain to Mr. Elms what we are doing with respect to the extra money for Turkey Brook.

Mrs. Spencer: There are a number of issues and items that have come up as the project has progressed that were not included in the rebid design, there is irrigation of the first soccer field that had inadvertently been left off. That is about $32,000. There is compaction soil testing that is necessary by an on site independent contractor for when they are building the retention walls. There is the piping of water to the actual irrigation fields that could be close to $100,000 or it could off set if we potentially change the plans and potentially put in a well for $20,000. There are a number of different issues that relate specifically to the project and then what we were hoping to do was leave I think $435,000 as a contingency should other unknown circumstances occur during the completion of this project.

Mr. Elms: And all of these things add up to $1.5 million"

Mrs. Spencer: Including the $435,000 that is not earmarked at this point, yes.

Mr. Elms: Something that was asked at the last Council meeting was that when we do something with a street or property that we get a map for that and here where the Ordinance for Gold Street, you're vacating a street and it does not show on the official Township map that I have. I found it on the Hagstrom. Those things were supposed to be included in this.

Mrs. Lashway: This was done two years ago, we were just doing this so that it could be recorded.

Mr. Elms: Was it done at the request of a resident?

Mrs. Lashway: Either that or a developer.

Mr. Elms: Are there any plans for the Town to lift water restrictions?

Mayor Licitra: We are having a meeting with the committee right now. We did not get the type of rain that we thought we would get in April, so we are going to reassess the situation and maybe reassess the
Mayor Licitra (cont'd): water restrictions but right now there is none.

Mr. Elms: The last time I asked this question Mayor Licitra and Mr. Spino were not here, but are either of you covered under the Township's Medical insurance?

Mayor Licitra: I'm not.

President Scapicchio: Anyone else from the public? Seeing none, lets move forward to Administrative Matters.

ADMINISTRATIVE MATTERS:

Presentation of Appreciation Plaque to Ernie DiCicco

Mayor Licitra: I would like to introduce Ernie DiCicco for those of you who don't know about him. I would like to present him a plaque for his years and years to the Township, especially in the recreation area, as chairman of the Mount Olive Recreation Advisory Committee, last week we presented his robotics team when we were over here. Ernie seems to be getting involved, letting one thing go in his life and getting involved in another thing in the Township. But he is still on the Recreation Committee and is on the Master Plan Committee and anytime the Township asks him to do something he says yes. Ernie, the last nine years have been a formative stage and I guess in our recreation of the Township and I know you were the chairman of this. I know you made a lot of headway in the last couple of years to bring it to fruition. But I know that your leadership in the last nine years has proved to be very good for the Township and I want to present this plaque to you Ernie in recognition in your appreciation for your nine years of service as Chairman of the Mount Olive Township Recreation Advisory Committee. This is presented by myself and the Mount Olive Township Council. Again Ernie, thank you for all your dedication to Recreation of this Town and the children. On behalf of the citizens of Mount Olive, it is a small token, but it comes from the heart. Anyone from the Council like to say anything?

President Scapicchio: Ernie, on behalf of the Council I would just like to thank you for your years of service and dedication and want you to know that we really do appreciate you.

Mr. DiCicco: Paul, members of the Council, I want to thank you. I have lived here 51 years. I have been in this Town every year since I was born. We have owned the house for 45 years. I guess my philosophy on a lot of things, it does not pay to sit back and complain and argue and everything else. If you are going to do something get involved in it. That is what I have been doing over the years. That is something that I always saw throughout as I was growing up and he worked around the clock. That is what I have been around and that is what I like to do. I just stick my two cents in by getting involved. Thank you for all your support you have given me over the years and for all you have done. Thank you very much.

Finance Dept. Scholarship Award - Beth Ann Robinson

Jack Marchione: For those of you who don't know, this is the first year that we have had the Finance Department Scholarship. We have received several applications and when I went over Beth Ann Robinson's application I just could not believe that she was involved in so many different things, and I checked every one of them out and it turns out she was involved in everything. I was amazed. I can't believe that a high school senior could be involved in so much including various charitable organizations which is very impressive.

WHEREAS the Mayor and Council adopted a resolution authorizing the appropriation of the Finance Department Scholarship award on behalf of the Township; and

WHEREAS the Finance Department has received scholarship applications and formed a committee to review said applications and make a determination for an award;

WHEREAS the Scholarship Committee has unanimously agreed to nominate Beth Ann Robinson for the Departments first scholarship award based on her educational achievements and extensive involvement in various organizations that reflect a true sense of leadership abilities and her desire to set forth an example of the best of our youth.

NOW THERFORE BE IT RESOLVED that the Finance Department is pleased to present Beth Ann Robinson with the First Scholarship award and wished success in her future endeavors.

Mr. Rattner: Just so the public knows, this is not being funded by the Town. This was a project that was developed and implemented by the employees. They raised the funds from their own contributions so I Mr. Rattner (cont'd): think we should congratulate our Finance Department who takes an interest in understanding about giving awards is actually the employees of the Finance Department. Congratulations.

Mayor Licitra: Thank you Steve. You stole my thunder. They were to humble to say something about that. But I thank you and the reason was, I asked Sherry when she wanted to do it, she said people of the finance department work in the Township and live I the Township, we want to give something back to the Township. That is very admirable. Thank you Sherry and Jack.

Future Municipal Leader Scholarship Award - Michael Holland

Mayor Licitra: I don't know if you remember, last year we had the same presentation, a lot of things come across my desk from the State and different organizations and some of them we get involved in and some we don't. When it comes to the young people of our Township I always give it back to the school system and ask them if it is someone that's involved who could be involved in this. Last year we made a couple presentations. It is a scholarship program that the State runs, for the Future Municipal Leader Scholarship Competition, and whoever in the Township would like to get involved then we review some of the scholarships and send them down to a review committee. Michael was a semifinalist in this committee. Last year we had a couple of semifinalists. I just want to read the letter I got from Bill Dressler, the Executive Director, it said thank you for submitting your local entry for the Future Municipal Leadership Scholarship Competition. Enclosed is a State finalist certificate as appropriate. These should be awarded to your local winner. More than forty municipalities submitted entries for this 8th annual scholarship competition and choosing finalists and winners was very difficult. The judges, State wide level included and there are about 15 judges throughout State wide. But on behalf of the Township, I would like to do this, it is a certificate of participation presented to Michael A. Holland, Mount Olive Township State Semi-finalist for your interest in civic contributions to the community as evidence by your participation in the future municipal leader scholarship competition. Michael, you made our Township proud as most of our young people do, please, this is not much but it is something that you will probably cherish the rest of your life. You did a good job, thank you for representing Mt. Olive Township.

PROCLAMATION MYASTHENIA GRAVIS AWARENESS MONTH, JUNE 2002

WHEREAS, Myasthenia Gravis is a neuro-muscular disease striking children and adults, affecting control of voluntary muscles and afflicting several hundred of our fellow New Jerseyans; and

WHEREAS, the Myasthenia Gravis Foundation of America, Inc. (MGFA), is a non-profit organization which was founded, "to facilitate the timely diagnosis and optimal care of individuals affected by Myasthenia Gravis and closely related disorders, and to improve their lives through programs of patient services, public information, medical research, professional education, advocacy, and patient care." This disease affects citizens of New Jersey more than any other neuromuscular disorders; and

WHEREAS, it is fitting to recognize the many physicians who, in their total dedication and untiring effort to treat this disease and search for answers, have never lost sight of their primary goal-conquest.

NOW THEREFORE, be it proclaimed that I, Paul R. Licitra, Mayor of Mount Olive Township do hereby proclaim, June 2002 as Myasthenia Gravis Awareness Month in Mount Olive Township.

PROCLAMATION LESLIE E. SMITH, JR. DAY

WHEREAS, Leslie E. Smith, Jr. commonly referred to as "Les" has been a lifelong resident of Mount Olive and has participated in many community activities; and

WHEREAS, Leslie E. Smith, Jr., currently serves as Senior Vice President of the Rockefeller Group Development Corporation which is best known for the development commonly referred to as the International Trade Zone which was indeed Les's idea and concept and which he has brought to fruition; and

WHEREAS, Les Smith is a member of the National Conference for Community and Justice, New Jersey Region; and

WHEREAS, he has been selected by the National Conference for Community and Justice to receive this year's Humanitarian Award to be presented by the organization; and

WHEREAS, The Township of Mount Olive is proud of Les Smith's accomplishments in the field of real estate development and is equally proud that as a result of his civic and community activities he has been designated to receive the Humanitarian Award from the National Conference for Community Justice; and

WHEREAS, at a luncheon to be held on June 6, 2002, the National Conference for Community and Justice, which was founded in 1927 as the National Conference for Christians and Jews, will present the aforementioned coveted award to Leslie E. Smith, Jr.

NOW THEREFORE, as Mayor of the Township of Mount Olive I do hereby proclaim June 6, 2002 as Leslie E. Smith, Jr. Day in Mount Olive in recognition of his accomplishments and his receipt of the Humanitarian Award for the Year 2002.

LIFESAVING AWARD - DOREEN FULTON - PRESENTED BY THE BUDD LAKE FIRST AID SQUAD

Doreen, on behalf of the Budd Lake and Rescue Squad and the residents of Mt. Olive Township, Captain Rob Coopersmith would like to present you with a lifesaving award for successfully using the Heimlich maneuver. I have Cindy Kluska here who is the nurse from the school who would like to elaborate a little bit on your deeds of the day. We congratulate you for the good work that you have done.

I would like to first of all say thank you to the Budd Lake First Aid Squad and to the Mayor's Office for bestowing this honor on Doreen. In January of this year a six year old girl who is a Township resident, Alicia was on the playground and she happened to have a Twix Bar and when she bit into it, it eluded her airway. Two friends brought her over to you because they knew there was something wrong with this child. Mrs. Fulton, automatically took a look at this child, she assessed in under ten seconds, this child could not breathe and she said it was like second nature, "I went around and I did the heimlich maneuver." This bestowed my heart because not eight weeks prior to this I went through with all the school aids it was just a refresher course on the heimlich maneuver and other miscellaneous first aid things to do in a school. So I am very proud of her and I hope you are too.

APPOINTMENTS TO THE PLANNING BOARD: Dennis E. Lynch, Alt. II, 2 year unexpired term to expire 12/31/02 and Nelson Russell, Alt. I, 2 year unexpired term to expire 12/31/03

President Scapicchio: Mayor you have some appointments to the Planning Board?

Mayor Licitra: I have one. I would like to make the appointment to the Planning Board of Dennis E. Lynch, Alt. II 2year unexpired term to expire 12/31/02 and Nelson Russell, Alt. I two year unexpired term to expire 12/31/03.

President Scapicchio: Mayor, who is retiring from the Planning Board?

Mayor Licitra: This is Joe McGoldrick's slot which we normally move people up to, so Howie Weiss was appointed to that slot and then the alternates just moved up.

President Scapicchio: Two people must have retired, because you are appointing two.

Mayor Licitra: One moves up to Howie's spot.

President Scapicchio: Okay so one is just a bump up. Thank you.

TURKEY BROOK PARK PROJECT STATUS

Cynthia Spencer: I am happy to report that the work is continuing. The issue of the topsoil remediation is moving forwards as the testing service issued a complete report that actually brought the small gravel within the appropriate range. Tomorrow, a Rhoda Darien machine is being brought in and tested. Jim Lynch our Director of Buildings, Grounds and Parks will be on site to supervise this test and operation of the equipment.

President Scapicchio: What kind of machine Cynthia?

Cynthia Spencer: Roto Darion.

President Scapicchio: What does that do?

Mrs. Spencer: It tills through the soil and will remove rocks down to eight inches. Any little pebbles and dirt will be turned over and brought to the surface, leaving the rocks and larger roots, etc below the 8 inches of top soil. It is designed specifically for this process. This is for the top soil, by the way, that will be spread on top on the soccer field, so we want to make sure that we have the proper drainage so that the fields can grow deep roots and be playable for most if not all of the season once it takes roots. Pre-imposed soil sampling will be conducted and sent to Dakota which is the testing facility for analysis and it is Mrs. Spencer (cont'd): expected that this process will be satisfactory. Retaining walls and steps are being analyzed and design assistance is being provided by Don Clayton, for the Alan "block system" that is being used. What this means is that, in the areas of the park where retaining walls are necessary to bridge the height differences on the levels of the fields, there are steps being
constructed to facilitate movement between the steps, this is at no extra cost. Manufacture's reps are on site helping to make sure that the block systems conform with the design and are securely installed. PMK, has been hired to perform the soil compaction test on the retaining walls that are being installed. These are the dirt walls that again go between the levels of fields.

President Scapicchio: Is that an expense that the Township bores?

Mrs. Spencer: Yes. That is the change order for $3900. Then in contrast to what I reported last week a stone crusher has been brought on site by Kyle Conte Construction. Starting later this week, crushing will take place in line with the CDA aggregate which is differentiating stone between ¾ inch and 1 ¾ inch which will then be used for the parking lots and the sub basin requirements. So this should end up in a credit that we won't be bringing in additional rock. Initially, the quotes the contractor had received were all more expensive than bringing in new already crushed stone, he was able to work a deal where it will in everyone's benefit. So that should start this week.

President Scapicchio: So we should see a credit in terms of additional charges that we have agreed.

Mrs. Spencer: Well, this is part of the overall deal, and yes we will work that as we move forward. Conte has been advised to proceed with the final excavation of the detention pond. This rock removal and some associated rock removal with the trenching for the sewer lines will require blasting. All state guidelines are being followed. Both pre and post blasting surveys will be taken as well as appropriate notification given to residents on Flanders and Sunset Roads. Finally, after the Ordinance is in place we will be requiring resolutions to authorize the $1,000,050 for the additional rock and then there is an additional change order for the $30,000 for the irrigation on field No. 1. These will require change orders as will an additional charge from Olympus for $1800 which is for the redesign and raising of the sanitary sewer lines. Those are the things that have occurred this week.

President Scapicchio: Cynthia, the blasting of rock in the trenches. Is that a cost that is covered under the agreement that the administration has worked out with Conte that we were briefed on last week?

Mrs. Spencer: There will be no additional charges whatsoever from any rock removal blasting. Anything that comes up is covered.

President Scapicchio: What's involved with respect to the raising of the sewer lines that would require us to give Olympus any additional money?

Mrs. Spencer: There will need to be some redesign using engineering reports. It is going from a 15 foot trench to between five and six feet that will require some reengineering. It won't be along the originally planned routes because we were trying to minimize the amount of rock that needed to be excavated.

President Scapicchio: Anything else on Turkey Brook?

Mrs. Spencer: No, I think that's it.

President Scapicchio: Council, any question for the Administration on the Turkey Brook report?

Mayor Licitra: I would just suggest and we have talked it over as far as the Turkey Brook Committee is concerned and I know yourself and Bernie are on the committee. I would like to ask that we get one other Council person to sit on the committee so it would be three of you. It would make more cohesion between the Turkey Brook Committee and the Council. So if you could suggest this we would more than welcome it.

President Scapicchio: I will try to work that out Mayor. Okay, Cynthia thank you for that report.

STATUS OF COMPLAINTS BY RESIDENTS OF HOMESTEADS BY JJF

President Scapicchio: Last week we had some residents complain, I understand that the following day you issued a detailed memorandum. Do you have anything to report on tonight to the Council.

Mrs. Spencer: Yes I do. Was this communication provided to the audience, or do I need to go through each item?
President Scapicchio: We just got this tonight, I don't think that anyone of us has really read it so why don't you just?

Mr. Rattner: I noticed that the memos I have are not stamped as being received by the Clerk's Office.

President Scapicchio: The Clerk and I will work that out tomorrow.

Mrs. Spencer: That is undoubtedly my fault. I did not finish them until after 6:00pm tonight and I put them in your box.

Mr. Rattner: I am just bringing that up because it is not a public document until it is actually received by the Clerk's Office.

President Scapicchio: We understand that.

Mrs. Spencer: We have received a number of complaints, I broke it down into ten sections, the first complaint was that the builders are working after the 6:00 pm noise ordinance time frame. The police have infact been doing regular patrols every evening and they have not come up with any complaints since that date.

Mr. Rattner: We got this memo tonight and I appreciate it, however, I think some of our questions were not from last Tuesday going forward, my questions were from last Tuesday going back on exactly what issues have happened because there was accusations that the Town had not followed the proper codes, the proper inspections weren't done on a timely basis and such with the exception of one item No. 9 which talks about a violation, a report issued on 12/12/01 and the next time there seemed to be an inspection was 5/24/02 which in my calculation is better than fifteen months. It really does not give us any information. I understand it if you go forward and all the parties involved know that they are being watched they are going to be very careful of what they do, but I think at least my questions were specifically on the discussion we had last week about things that were either the accusation of things that were done improperly or things that were done in violation of our own codes, in other words, CO's about the sidewalks and I asked specifically and I know we had problems with the tape and that is not your problem, that was within the Council, so maybe you did not get the exact information, everybody's notes are a little bit different so I am not going to say that you did not give us the stuff, but it was what our code says about when the sidewalks go in, in relationship to partially built developments and then as the CO's were issued, were they in conformance with that, because I believe the Township Attorney last week instructed the Eengineer to insure that no more CO's would be issued unless the sidewalks at least on one side of the street that I could see from this, which I just read a summery of very quickly just now, that would be done. So what I was asking for was everything going back, not going forward.

President Scapicchio: Steve, you raised some valid issues, why don't you let Cynthia go through her report.

Mr. Rattner: But her report just says everything that has been done since last Tuesday. I don't think that is what our questions were, I think some of the questions were the items

Mr. Guenther: Just on the one item.

Mr. Rattner: No everything is down there.

President Scapicchio Steve, we asked the Administration to report on the allegations that were made by the area residents, lets let Cynthia give us that report and any additional questions or comments we have, we can ask the Administration after her report.
:
Mrs. Spencer: The second complaint that was lodged was that the builders and the Rocco's are making crude and sexually abusive comments and gestures towards the women. This is a serious allegation and Mrs. Uhrmann had actually complained that morning to the Police Department at which time Ed Katona, the Chief had requested that she come to Police Headquarters to file a formal complaint, although that did not happen. Officer Mike Pocquat was dispatched to her home last Friday for the purpose of taking an official report, however he was unable to establish contact with her.

Charlie Uhrmann: That is so not right.

Mrs. Spencer: That is what I was told by the Police.

Mayor Licitra: Could you allow Cindy to finish? It took us a long time to compile this.
President Scapicchio: Mayor, that is what I want to do. Cynthia.

Mrs. Spencer: I will just respond to this one incident. There is no report yet on file in the Police Department but this officer is on vacation today, so the last his superiors knew, he had been dispatched to meet with you for the purpose of getting the complaint on the record. There was an allegations that the contractors parked their construction equipment in the road. The Police have reviewed this parking situation and found that yes in fact construction vehicles are parked in the road and this is a satisfactory condition while a street remains under use of the developer and construction is continuing on the street. Not until the roads are turned over to the Township, are Mount Olive Township Road Ordinances put into effect and then enforced. There was a situation where the fence around Rocco's pool is falling down and is not in compliance with code. We had two individuals from Building, Code Compliance, as well as the Health Department go and inspect this and infact the fence is not in compliance, he was given a warning and his explanation was that the fence had been taken down to allow the removal of some equipment from inside that area. He has been given 10 days to get that fence up and maintain the code restrictions. Our current Ordinance requires that sidewalks be installed before CO's are issued on new houses. I went back to the Building Department and had them pull all of the records for all of the homes built on Jennies Lane. As you enter Jennies Lane from Mine Hill Road, sidewalks are only required on the right side of the street. This was a Planning Board waiver that was given at the time that the entire development project was approved to start. They are required only on one side of the street. There are seven lots on the sidewalks side, three of which are occupied homes and those three have installed sidewalks on their boundaries. There is one other lot that has a temporary Certificate of Occupancy and they are sitting with a provisional bond and in that particular case the owners are going to be installing that sidewalk before the Township removes the provisional bond. The three additional homes that have not yet been completed, they have a concrete apron. It has been practiced, not only in this development, but in most that the sidewalks are one of the last things to be installed because they tend to be cracked and broken by the construction equipment if they are put in earlier. But at no time have they been in violation of the building inspection codes in according with our codes that are on the books. However Homesteads by JJF has been advised in writing by the Township engineer that CO's will not be issued under any conditions until sidewalks are completed along that side of the street. There was another charge that there was an excessive amount of construction debris around the neighborhood. The Township Engineer went and did an inspection and spoke with Mr. Rocco Senior and advised that the construction debris was excessive. We have taken some pictures. He stated that the construction debris was a result of his masons contract and he was ordered to get it cleaned up, to notify him and another inspection will be done next week to make sure he is in compliance. There was a charge that the stop sign at the top of the street is improperly installed that it is at a height of ten feet. Our Township Engineer went out and measured that. The existing stop sign is only seven feet 6 inches from the bottom of the sign to the existing ground. Per section 2A-23 of the manual on Uniform Traffic Control Devices. The clearance to the bottom of the sign shall be a minimum of seven feet, therefore the sign at 7 feet 6 inches is in fact in compliance with the regulations for residential districts where pedestrian movement may occur or that there are obstructions of view. So the sign is properly installed and that is a ruling by our Township Engineer as well as our building inspector. Also, there was allegations that two weeks ago the neighbors witnessed the digging out and removal of three old oil tanks. They reported that they called NJDEP and launched a complaint. They were told that DEP would notify the Township and have the situation reviewed. We have not received any paperwork or phone calls from DEP. I checked with every department. However I did send people out. Both our Code Enforcement and our Planning Director did an inspection of the area and they walked the lots, what they were told was that abandoned tank had been laying and had since been removed. When they went to speak with Mr. Rocco, they were given a receipt from a disposal company that on I believe June 5, 2002 that this tank was properly disposed of and they had the receipt for that work being done. The Rocco's claim that this 275 gallon tank was an old water tank and it had been filled with dirt and it had just been sitting there abandoned. It was in the back of the property known as 8 Jennies Lane. But they did produce a receipt stating that it had been removed, in accord with Raimo's of Stanhope had done the removal service. The Township employees reported that there was no other visible clue to any recent excavation or tank removal. These two Township employees had gone out last Friday and were unable to speak with anyone. They said they went to two of the occupied homes and no one was available. They couldn't find any evidence of any recent excavation or of oil on any of the property. Then there were questions raised regarding the conditions at the Rocco's rental property known as 153 Mine Hill Road. It was requested that all Health and Building Code violations be corrected. We went back into the files and we had been aware that there had been health code violations that have been filed and actually looked into. We had a health inspection in February of 2001 and those were not followed up on by a subsequent investigation because the Health Department Employees were under the assumption that when they received a court order that they were to close the case. I asked them to go back out there. They did so at this point in time, Mr. James Rocco and his family are actually residing in that apartment. However they did give the Health Department Employee access. What was found is that a new roof was installed and that this had been inspected and was passed. The presence of mold formation that has previously been reported was no longer observed in the bathrooms or storage room and the remediation of this condition had been completed and the Township obtained a document certifying that Insurance Restoration Specialists Inc. had Mrs. Spencer (cont'd): performed the mold remediation and cleaning services at that location. The furnace valve in the basement has been fixed and is no longer leaking. There remains a section in the storage area that lacks sheet rock or ceiling tiles, however there is no one living in that area and since it is being used for storage only, it is not required to be a finished space. When the Health Inspector left, he made it very clear that any additional occupancy or a changeover in tendency required a building inspection prior to the Rocco's allowing any new tenants to move into that space. The one final issue that had been brought up on that inspection report was with fire detection equipment being in that. Actually there were no smoke detectors and our Fire Prevention Specialist did contact Mr. Rocco regarding the needed smoke detection system and this is not in fact in place at this time. He was advised that there would be a follow up inspection and again no further rental or occupancy will be allowed without a complete inspection before a new tenant would be required to move in.

Mr. Rattner: I guess my problem is that we get a written report but most of the information came verbally because there were specific things I asked, and I guess it was just verbalized to us. I asked specific things like, does out ordinance require sidewalks? It's nowhere in the write up. I think I got something that past practice said we did not require it. It does not say. I asked specifically does our current ordinances before CO's require all the sidewalks are in? That was my specific question. I was told that traditionally we have not done it, but that is why I was expecting to see in here. I had some very very specific questions. I don't know where the truth lies. I am trying to go back and forth and I am only looking at what the Town's responsibility is. I am not really at this point concerned about the developer because if there is a contractual problem between the developer and the home owners that is between them. But what I was trying to understand from what I heard last week is whether we were doing what we should have been doing in the proper inspections. Even going backwards coming forward, that was number one on my list, it is No. 9 and No.10 on our Business Administrator's list and that was the condition of 153 Mine Hill Road. I asked very specifically if the property is being used for rental, does our code require a CO every time there is a change in tenants, because then there would be an inspection on mold and they would not let people move in. I know 25 years ago when I got a building permit for a wood burning stove besides everything else, they came in and inspected to make sure I had a smoke detector on every level of the house which is required by our code. So that is the main thing I would ask for. On all the accusations we heard on 153 and going back, it actually says here that it started at least on 2/12/01 and the next thing I got in writing says that we re-inspected on 5/24/02. I want to know what happened in the 15 months, if the people have been complaining. Also, what very much concerned me what I just heard is that the Health Department decided not to do anything if there was a health issue because there was a court order. To me, just from common sense something does not make sense, that they get a court order so they no longer enforce, inspect, or whatever you want to call health issues. If something could affect their health and welfare of the citizens, that is their job. I don't believe there could be any kind of court order that says that you could ignore a health issue. I can guarantee there is not any statute that would allow that, would put up with that, and I don't think anybody would accept that. If that is really what the Health Department says, I would be interested in understanding what there reasoning was behind that. Going down on my list, I wanted to know how many complaints really came in. The people who came in and appeared before us, said that they constantly contacted the Health Department, I wanted to know from our records how many times did they really. How many times do we have records so I could see if it was once or twice or just something that could you check on something or was it a formal compliant because obviously there is a real big difference. We always know there is three sides to a story. In this case the resident side, the developer's side and then the truth is probably somewhere in the middle. But when we talk about debris all over. They said that they have been complaining for months. We are told that yes there was to much debris and we cleaned it up after last Tuesday, that does not answer my question, have they been complaining and have they been in violation? Was there to much debris. I want to know about the vehicles parked on the road. Is it a safety issue? Whether they are allowed to put it there and I think I explained that in the construction zone. You are going to have a certain amount of debris, you are going to have a certain amount of construction material, but there is still a safety issue. If you have people living there, you have to protect the safety of the people that are there. I don't believe there 's anything that would contradict that. The last thing I will just bring up is this thing with the oil tank. Now obviously and I guess I got the answer verbally, is that the DEP was contacted by what some of the residents said. Our Health Department says that the DEP never contacted him. Well obviously if there is a problem that that did not contact us so they wouldn't know, but I don't understand the part that Raimo's, the place in Byram that takes the tanks. Do they remove it or do we just have a form or a receipt saying that a tank was actually deposited there? I know from other people including one person in Town who had a problem with their Mercedes when it leaked a little bit of fuel oil, and they had a problem with the DEP because once you have any oil, if there is a tank that was ever used for oil, I believe the code, at least from what I remember, from the DEP requires you to get a permit and it has to be inspected and then you have to remediate it based on the State regulations. You don't remove a tank first, and say this was one. I guess what I am asking for is the sequence of events. Because I don't know if it was done properly. I don't know if our employees, if we were doing what we should be doing. From this report, I really don't see, because again I will say that for the most part except for the little bit that Cynthia did add, that everything we are talking about is from last Tuesday going forward. I asked specifically from Mr. Rattner (cont'd): last Tuesday going back to what happened because we should have some sort of historical record. The only thing I did ask was that somebody go down the next morning right away, look at where the tanks are supposedly moved to or where they temporarily sat because we were told that there was some oil leaking out of them to try and inspect to see if there was any oil or residue on the ground. I did not see any of that here. So as far as my concern, most of my questions were not answered.

Mr. Guenther: Regarding the oil tank or supposed oil tank, what are our regulations in town? It is my understanding on any tanks that there has to be some certification from the Health Department that it was not an oil tank or whatever, it has to be given a clean bill of health by our Health Department. Correct?

Mrs. Spencer: I believe that is true. In this particular case, the only evidence of a tank and I have pictures that are people took, was an area where grass was not growing where the tank had been resident. It was removed according to this receipt on April 5, of this year. And they claimed that it was an old water tank and it was filled with dirt.

Mr. Guenther: What they claim is immaterial, they are required to get the certification of the Town, and if they have no problem with the tank and it is a water tank, they should have contacted the Health Department and get that certification. Their claim stands as far as I am concerned has no validity.

Mrs. Spencer: The tank was supposedly abandoned on this property.

Mr. Guenther: But you are saying supposedly Cynthia. You don't know what it was. No body knows.

Mr. Rattner: The State is very concerned with abandoned tanks. I would say that everybody in the State of NJ if they have any sense at all, have taken it up on their oil companies or their home insurance companies and paying approximately $200.00 extra a year because of the possible liability of any tank that may be buried in their yard. I know a lot of people who have called me and asked me, I did not know what it was. In the last year they have all been contacted. Anybody who have ever had oil saying you have to have insurance because you don't know what is there. You need to do this. This will guarantee that you won't have any additional costs when you go to remove it properly. Every tank, there was a law that was passed probably about three years ago that was effective at least two years ago that you have to have a permit for every tank. I know that it has been big business for the insurance companies because anyone with homeowner's insurance are still getting oil deliveries and they have a tank in the ground; has been contacted to get the insurance because just the cost of getting it inspected before you can remove any tank at all, is cost prohibitive. I saw someone yesterday who went through it last year and actually took their outside tank so they could clean it up because they were confident that there was no oil, and this was an engineer that I know in Hopatcong and they moved into their basement just so they wouldn't have any problem in the future and they would not have any problem selling their house.

President Scapicchio: I guess the question is are they in any violation of State or Township Ccode for removing a tank without a permit regardless of what kind of tank it may be? So that is the question Cynthia.

Mr. Spino: I don't mean to sound like this is not important. I think all of the issues that have been brought up are important. But I do believe that we are not going to settle this at a council meeting like this. I think if we have questions, like Steve has that have not been answered, if he wants a list of lets say, the Health Department, how many times have you been out there, what violations have you found, have you found any violations? Those are the kinds of things I think he wants among other. I think that is what we should do then. Get that report, look at that report then maybe we could make some decisions. What decisions can you make? What can you do, but listening to people go on about these things. I am not saying they are not important. We are saying well that house on Mine Hill Road should have been inspected earlier. Yes. But someone was told from what I imagine that there was a court order/decision not to get involved or whatever. I am not saying that's true or not. I don't know. But lets find out from the people who are immediately involved and get them to report. Like I said we could go on, but we are not going to settle anything.

Mr. Rattner: Mr. Spino, with all due respect that is exactly what I asked for last meetign. I was very specific after we went around and around I came up with my list and I asked for it.

Mr. Spino: Steve, I did not give up the microphone. Secondly, I would not argue with you. I said yes, those are the kind of questions you asked and you have every right to have them answered. I don't think we are going to get an answer tonight because the people who have to answer them aren't here.

Mr. Rattner: That's why I asked the Administration to get it and they gave us something that was not something we completely asked for.

President Scapicchio: Cynthia, do you have an understanding of what Mr. Rattner would like addressed? Steve, you are absolutely right, but I also think in the defense of the Administration, and I don't always defend everything they do. These are allegations that were made seven days ago. We asked them to take some action and get back to us with a report. I think for the most part they were responsive to the request. Understanding that there was still some unanswered questions that you have.

Mr. Rattner: What I was more concerned about, and maybe sometimes I am protective of our employees because I know most of our employees do a good job and they are very busy. We had allegations that procedures weren't followed. Complaints were not followed up on. With that, I ask that we go back into the files and just list what happened and what didn't happen because we heard one side. I heard a lot. It sounded plausible. But you really don't know, so I ask that. I'll use the example of the fence. We all know that the first notice of attempted violation because of some sort of dispute was probably a year ago. Then to say that a year went by, and they went back out there and there is fence that is not properly installed and that was an issue a year ago. What happened? I want to know what we did. I am not saying that the developer did anything wrong, I am not saying that the residents are exactly right. I am asking that if a year ago the fence was not in there, why was it this past Friday? Well guess what, they are in violation, they only moved it because of equipment. We knew a year ago that there was a problem there and one of our employees was kicked off the property for whatever reason.

Mr. Greenbaum: I think there are two issues that we are dealing with here. One raised by Steve that Earl tried to deal with, and one of greater proportion to the people here in the audience. I think we need to get an answer to the past problems and what actually occurred and that is not going to be taken care of tonight. But I think the greater concern to the people in the audience is; how do we protect their safety on a going forward basis? What type of procedure do we put into place now so that they have a forum. They obviously feel that they are not getting adequate representation from the Administration, they have come to Council as their last resort. I am sure they would be satisfied if they got an answer as to why things weren't done and they are satisfied that things are being done in the future. I think we need to come to a conclusion as to why things weren't done in the past. That is not going to be done here tonight. What procedure could we put into place to safeguard the health and welfare of that area on a going forward basis? That is what we need to resolve.

Mr. Dorsey: I just want to address one question Steve and Cynthia raised. While it is true that the Township has not yet taken title to those streets as it will at the end of the day. The minute that a CO is issued for a home on any of those streets, those streets are open to the public and open and usable by the public. Therefore it lies within the discretion of the Police as to what vehicles etc. they will permit to be parked on those streets. They are public streets, they are open to the public and the police have the authority to direct exactly what will or will not be parked there. If the Police say it is a matter of safety, all of the equipment should be off that street I think that is within their prerogative to do so. That is the way I think you should address the streets. I thought I was clear about this, the issue of the order. The Board of Health was never a party to the court order to either the lock of the builder obtained a court order which in part was a gag order against Mrs. Uhrmann. That has no effect on the Township. The Township was not a party of that. The Township is not bound by it, the Township is in a position to enforce any and all ordinances it sees fit. The issue is how much sidewalk should be in and that sort of thing is frankly in the discretion of the Construction Code Official etc, but once a CO is issued are entitled to have all of the utilities etc. that effect their home to be properly installed and usable by them.

President Scapicchio: Anyone else on the Council? Cynthia I guess you have some direction on a second report. Okay, thank you.

LEGAL MATTERS

Mr. Dorsey: I have my request for two executive sessions. One of Charter's and one for Olympus claims.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

May 14, 2002 CS Present: Mr. Guenther, Mr. Greenbaum, Mrs. Miller, President Scapicchio,
Mr. Perkins, Mr. Rattner
Absent: Mr. Spino

May 21, 2002 CS Present: Mr. Guenther, Mr. Greenbaum, Mrs. Miller, President Scapicchio, Mr. Perkins, Mr. Rattner, Mr. Spino
Absent: None

May 21, 2002 Present: Mr. Guenther, Mr. Greenbaum, Mrs. Miller, President Scapicchio, Mr. Perkins, Mr. Rattner, Mr. Spino
Absent: None

Mr. Guenther moved for the approval of the minutes and Mr. Rattner seconded the motion.

ROLL CALL: Passed unanimously with the exception of Mr. Spino who abstained on May 14, 2002

CORRESPONDENCE

Letter from Residents

1. E-mail received May 10, 2002, from Stephen Liska regarding Parking Problem at High School.

2. Letter received May 13, 2002, from Catherine Locaonte regarding DARE Program.

3. Letter received May 15, 2002, from Mr. Glenn St. John regarding DARE Program.

Resolution, Ordinances, Correspondence from other Municipalities

4. Resolution received May 13, 2002, from the Township of Denville regarding a Resolution supporting Senate Bill 644 Authorizing Municipalities to Impose Room Tax on Hotels with More than 100 Rooms.

5. Resolution received May 13, 2002, from the Township of Long Hill regarding Dam Restoration and Rehabilitation.

6. Resolution received May 17, 2002, from the Borough of Norwood regarding Watershed Moratorium Offset Aid.

7. Letter received May 20, 2002, from Washington Township regarding the Revised Master Plan Public Hearing of Adoption.

8. Resolution received May 20, 2002, from the Township of Parsippany-Troy Hills regarding increasing fees for Registration of all Terrain Vehicles, to Provide Relief to Municipalities for Enforcement, and to Increase fines and Penalties Associated with Unauthorized or Unlawful Use of Such Vehicles.

9. Resolution received May 20, 2002, from the Towns of Dover requesting adoption of a legislation permitting Municipalities to Increase Penalties for Overcrowding Housing Violations to $10,000.

10. Resolution received May 23, 2002, from the Borough of Lincoln Park regarding Proposed Reduction in polling place hours.

League of Municipalities

11. E-mail received May 13, 2002, from the New Jersey State League of Municipalities regarding League Opposed to A-1714, School Sub-contracting, Support of Clean Communities and Cable TV bills being held for review.

12. Legislative Bulletin received May 21, 2002, from the New Jersey State League of Municipalities regarding bills that were enacted as Public Laws of 21002.

DOT / DEP / Permit's / LOI's

13. Response Document received May 13, 2002, from the New Jersey Department of Environmental Protection regarding Project Priority List for Federal Fiscal Year 2002.

14. Letter received May 15, 2002, from the State of New Jersey, Department of Environmental Protection regarding Letter of Interpretation for Applicant: Harriet Nucci Block 3305, Lot 29 (Intersection of Spring and Center Streets).

15. Letter received May 21, 2002, from the State of New Jersey, Department of Environmental Protection regarding Permit for Water Department - Pinecrest Water Distribution System.

16. Letter received May 23, 2002, from the State of New Jersey, Department of Environmental Protection regarding Morris County YMCA Dam.

Correspondence from Legislative Representatives

17. Letter received May 13,2002, from Assemblyman Garrett regarding the Township's Resolution urging Governor McGreevey to restore dam repair funds and to fully fund future repairs.

Correspondence from Organizations / Committees / Boards

18. Letter received May 10, 2002, from Mount Olive Lions Club regarding the Annual Charity Golf Outing.

19. Letter received May 15, 2002, from Midday Morris regarding a Program on "Local Trends and Challenges in Philanthropy".

20. Letter received May 15, 2002, from the Morris County Board of Chosen Freeholders regarding the Morris County Improvement Authority.

21. Letter received May 16, 2002, from Rutgers, State University regarding a Conference in June (Emerging Markets - Summit V)

22. Letter received May 16, 2002, from PMK Group regarding the NJDEP Greenstart Seminar.

23. Letter received May 20, 2002, from Budd Lake Chapel regarding Sewer Fees - Block 3306 Lot 1; Block 3306, Lot 8; Block 3307, Lot 1.

24. Notice received May 20, 2002, from Mount Olive Area Chamber of Commerce regarding Invitation to the Boat House.

25. Letter received May 22, 2002, from the Bergen Municipal Employee Benefits Fund regarding Special Emergency Appropriations - A1889 Legislation.

MUA / MSA

26. Letter received May 13, 2002, from the Musconetcong Sewerage Authority regarding expansion.

27. Report received May 13, 2002, from the Musconetcong Sewerage Authority regarding Examination on Fiscal Statements year ended December 31, 2002.

28. Minutes received May 13, 2002, from the Musconetcong Sewerage Authority regarding the April 3, 2002 meeting

29. Letter received May 20, 2002, from the Robert H. Beinfield regarding the MSA 2002 Environmental Infrastructure Trust Financing)

COAH

30. Newsletter received May 23, 2002, from Council on Affordable Housing regarding Assisted Living, Deadlines and Certification extension.

President Scapicchio stated that there were 30 pieces of correspondence on the agenda and asked if Council had any comments on same.

Mrs. Miller: No. 8, a resolution from Parsippany/ Troy Hills regarding the increased fees for registration of all terrain vehicles. I am in favor of doing that here. Maybe it's because we are not charging enough fees?

Mr. Rattner: I think right now on ATV's we don't have any fees. I would go along with fees if it is to register all ATV's to the way mopeds are registered. This way when we have problems of people running rampant across protected private property, that we could at least get a license number or there is an obvious issue that if somebody has one and is operating one without a plate with a number on it. If it is just to cover the cost of the registration, very similar again to a moped, I think it is very useful just so we can at least enforce our current laws on where they should be used and they shouldn't. If it is going to be a revenue boosting type thing, then I would be against it.
President Scapicchio: Mayor could you have the Administration look into this and get back with the recommendation. Is that the direction we should take here?

Mayor Licitra: Okay Dave.

President Scapicchio: Anything else on correspondence?

ORDINANCES FOR PUBLIC HEARING

Ord. #22-2002 An Ordinance of the Township of Mount Olive Prohibiting Parking at Certain Times on Streets within Carlton Hills.

President Scapicchio opened the hearing on Ord. #22-2002 to the public

Richard Bonte, Budd Lake, NJ: I just want to reaffirm my non-concurrence with this ordinance. I believe it is illy conceived and that instead you should be introducing an ordinance overturning the ordinance that you passed earlier in the year banning parking on School House Lane. There is no end to this. These are public streets. Licensed drivers have the right to park on public streets. If the School Board has a problem I think the Town should address that problem with the School Board and advise them that they probably don't have the legal authority to age or grade discriminate against legal drivers in the State of NJ and their parking rights on public property. Thank you.

President Scapicchio Anyone else from the public on this ordinance? Seeing none, lets close the public hearing.

Mr. Rattner moved for adoption and final passage of Ord. 22-2002 and Mr. Spino seconded the motion.

President Scapicchio: Council Discussion?

Mr. Rattner: Just two sentences. One it is the responsibility of this Town Council to protect the health, safety and welfare of all our citizens. Right now safety issue is being addressed, it is not the optimum way, the optimum way is to enforce to the high school just like we would any business to provide the parking that is required to maintain for the students and they should be concerned about their safety. But by not doing this we are just saying we know there is a safety issue, but we are not going to do anything about it. So I am supporting the ordinance.

President Scapicchio: Anyone else from the Council?

Mrs. Miller: I am going to vote in favor in of it simply because I believe the residents need some sort of relief. I feel the complaints were valid and we could always amend or change it at a later date if Parking is provided by the High School. I am hoping that it is going to be a temporary solution to a problem and then once the problem is corrected then we can rescind the ordinance.

President Scapicchio: Thank you, Charlene.

Mr. Guenther: You know my position on this. I don't like the piece meal approach that we are taking. On the other hand I was at the Board of Education meeting a couple weeks ago where they did take action to find a temporary solution. Supposedly they are coming up with 20 additional parking spaces for the remainder of this year to hopefully alleviate the problem. Then there was an unspecified long term solution that the Superintendent was coming up with at future meeting. I would like to strongly suggest that at these meetings when we discuss school matters that the liaison with the School Board of Education should be present. I find it amazing that he is not and I think that when we put something on the agenda we should reach out to the School Board and have Daniel Amianda here. We discuss these items that are of concern to us that he should take back to the School Board. I was reasonably satisfied why the School Boards action that they are taking action. I am willing to support this ordinance at the time. I would like to see that we do a more comprehensive approach according to Mr. Bonte's suggestion we just do a comprehensive ordinance and say a one mile radius of the school instead of specifying streets. We'll be sitting here again in a few weeks when the people on Ramorr and other streets are going to be coming to us with the same complaints. I don't like this piece meal type of resolution. I will support it because mainly because in this case it is a safety concern of the crossing of the street, crossing Flanders-Netcong Road to get to the school. That is a very dangerous situation. That is very contrary to what you had on School House Lane. That's the only reason I am supporting it.

Mrs. Miller: I have one more question. Earl brought up the fact that Ord. No. is the same as the next one which is regarding a speed limit on Flanders-Bartley Road.
President Scapicchio: The proper Ordinance No. Charlene is 22-2002 I am told.

Mrs. Miller: Yes. Okay, so that is the proper one. The other one is wrong.

ROLL CALL: Passed Unanimously

President Scapicchio: I declare Ord. #22-2002 passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and to publish the notice of adoption as required by law.

ORDINANCES FOR FIRST READING (2nd Reading/Public Hearing June 18, 2002)

Ord. #23-2002 An Ordinance of the Township of Mount Olive Vacating All Public Rights in and to Gold Street.

Mr. Greenbaum moved Ord. #23-2002 be introduced by title and passed on first reading and that a meeting be held on June 18, 2002 at 7:30 at the Municipal Building 204 Flanders-Drakestown Road Mt. Olive, NJ for
Mr. Greenbaum ( cont'd): consideration of second reading and passage of set ordinance and that the Clerk be directed to Publish, post and make available set ordinance in according to the requirements of the law. Mrs. Miller seconded that motion.

President Scapicchio: Council Discussion?

Mr. Rattner: We did this about a year ago and I remember it very specifically because I have a stub that goes
behind my side of Gold Road and I said why don't you do the other parts, the Town owns the property
on one side. I said this is for a specific developer lets just get it done and we went forward with it. I also
went back to our agenda meeting last week and it was not on there. When did this get added and why are we
doing it again?

Mr. Dorsey: It is back on because after it was adopted it had to be recorded within 6o days to make it absolutely perfect and it wasn't. So it is simply a little redundancy here.

President Scapicchio: Any other council discussion?

ROLL CALL: Passed Unanimously

Ord. #24-2002 Ordinance of the Township of Mount Olive Authorizing a Special Emergency Appropriation for Extraordinary Expenses in Connection with Supplemental Assessments

Mrs. Miller moved Ord. #24-2002 be introduced by title and passed on first reading and that a meeting be held on June 18, 2002 at 7:30 at the Municipal Building 204 Flanders-Drakestown Road Mt. Olive, NJ for consideration of second reading and passage of set ordinance and that the Clerk be directed to Publish, post and make available set ordinance in according to the requirements of the law. Mr. Guenther seconded that motion.

President Scapicchio: Council Discussion?

Mr. Rattner: When I read this especially when I looked at the legislation, what it says, I can't understand what the heck we are doing. This was an expense we incurred two years ago. We paid it in full in the early part of this year, and we are not going to show it on the books for another three years. In Private industry, that is cooking the books. That is how people get in trouble because you are supposed to match your expenses into your revenues. This originally started out with the legislation because of this, a lot of towns got surprised by this retroactive adjustment to their insurance policies and did not have the money. So this would allow them to go out, borrow the money and pay it off over three years. At first we said we would pay 1/3 this year, 1/3 next year and 1/3 the year after, however since we have already paid it, it is already coming out of our bank account, I don't see what purpose it serves.

President Scapicchio: Steve, I didn't think we paid it?

Mrs. Jenkins: We had to pay it in full, I mentioned that a couple of times. It had to be paid in full. The legislation allows us to raise through the budget process those funds over three years. But in terms of cash wealready had to physically lay that out. That was done in January.
Mr. Rattner: So the easiest way I can say this as an example; some people use their credit card to pay for groceries; operating expenses. Recurring expenses you don't use a credit card for. You buy groceries this year but you don't have the money, so you figure you keep paying the minimum payment and pay it off in the year 2203/2004/2005. To me it does not make any sense at all. We have already paid it. We incurred the expense. Why show it in a different year? All we are doing are playing with the books. It's been paid, we incurred the expense because it was a couple of years ago. This does not solve anything for us. If we did not have the money, it allowed us to go for an emergency appropriation, borrow the money and pay it off over three years. We are not in that situation it wouldn't benefit us to borrow any money because then we pay interest. I am not going to support this ordinance.

Mr. Greenbaum: It is just interesting that Steve brings up his opposition to this at this 11th hour because this is certainly nothing which is new, it is something we have dealt with for the last several months. I don't see any objection to paying it all at once, but then we should have taken additional money out of surplus to keep the budget at an acceptable level for this year, so for Steve to raise this issue at this time I find to be a little bit objectionable. I could understand his theory behind as to why this should be paid. I am not troubled by that because we have to pay it whether it is all this year or some next year or some the year after that. It doesn't make any difference of that we don't tax the residents of Mount Olive this year to some unacceptable level.

Mr. Rattner: In response to my esteemed colleague from Flanders down in the Valley. In our Budget if you look, we actually put 1/3 in because we thought that's the way that the original legislation was put in. We were only going to defer over the next to year $186. The legislation which was not passed until a week ago changed it and even spread it out further. When you realize that we already paid and the CFO told us a couple times we already spent it, it already came out of cash flow. I have said before, if it came out of surplus, at least we are putting it on the books. It also makes it a lot simpler for the book keeping. If not we have to keep deferred payments on the books for three years. It does not serve any purpose. I have said that from the beginning. If we want to reduce the expense, take it out of surplus and we could have exactly the same affect. But in our budget we actually have $86,000. This takes $86,000 we had and actually defers it another year. That to me is just ludicrous. That is because the legislation changed. Strictly a political decision. I don't know why they passed this legislation. From a financial standpoint it makes no sense at all.

President Scapicchio: Anyone else on the Council? Sherry, I think that we need to give you an opportunity to address the issue if you wanted to.

Mrs. Jenkins: I think the legislation was really passed because there were some towns if you remember on the list of towns that were hit with the supplemental assessment, you had Wayne who got hit with $2 million. Certainly I think there was some pressure on the legislature to give them some sort of ease to pay that back. So I think that is really where that came from. It really does not affect me one way or another from a bookkeeping standpoint. There is a little bit more time involved in terms of having a deferred charge on the books so I would not go for it one way or another based on that. Certainly it is easier for us. I think we have already paid it out to just leave it in the budget, leave it the way that we have it and we don't have to worry about it next year. Really I think the bottom line comes down to where do you want to be in terms of the tax increase. If you take this out, you are looking at another 1.35 tax points that can come out of the Budget. I think to me the issue is really is that significant to you and if it is do you want to want to take that out? Knowing that we are going to have to fund it three years out.

President Scapicchio: Anyone else on the Council?

Mr. Guenther: I just object to Steve characterizing this as cooking the books. I just don't think that is the case. I think it is a very conscious decision. We have been discussing this for a long time and it was to provide a tax increase relief. We realized exactly how Sherry stated. By leaving it on, we've increased a tax point. If that is something the Council wants to ponder and wants to take into consideration, that is fine, lets spread it out.

Mr. Rattner: Cooking the books is one of my terms for an accounting term. I am saying not we're doing because the legislation allows it and is statutory so you can do it. But the whole idea about any kind of accounting is you want a match when your expenses are incurred and when you pay it and you show it on the books. You don't have an expense in 1991 and show it on the books in 1995. To me, in private industry I am saying that is cooking the books. In public, the legislature passed it. But if you read the legislation, they talked about borrowing the money, how you take the interest. It was for towns that couldn't afford to put it in the budget because it would break them, no different than what we did a few years ago when we looked at borrowing and did a capital expenditure for reval or something like that to spread it out. But this is just that we have already spent the money. It does not make any sense. We want to make an adjustment and take it out of surplus, it is a lot more direct and it shows exactly the same affect and exactly the Mr. Rattner (cont'd): condition we are in.

Mr. Greenbaum: I think that we spread out our debts and often times that is what municipalities do, for instance a tax appeal is often dealt with over a number of years so the tax implications of the appeal aren't felt in one particular year. I see this in a similar situation.

President Scapicchio: Anyone else on the Council?

ROLL CALL: Passed Unanimously with the exception of Mr. Rattner and President Scapicchio,
each voted no.

ORDINANCES FOR FIRST READING

Ord. #25-2002 An Ordinance of the Township of Mount Olive Authorizing the Purchase of a Conservation Easement/Development Rights Across Lot 16, Block 7100 and Lot 54, Block 5300 on the Tax Assessment Maps of the Township of Mount Olive Which Property is Commonly Referred to as the Devlin Property.

Mrs. Miller moved Ord. #25-2002 to be introduced by title and passed on first reading and that a meeting be held on June 18, 2002 at the Municipal Building 204 Flanders Drakestown Road Mt. Olive, New Jersey for a Public Hearing and consideration of second reading and passage of set Ordinance and that the Clerk by directed. To publish, post and make available set Ordinance in accordance with requirements of the law. Mr. Guenther seconded that motion.

President Scapicchio: Council discussion? Seeing none.

Mrs. Miller: Just a map for the final approval.

Mr. Dorsey: Kathy Murphy should produce that.

Mrs. Miller: I know where it is but the rest of the Council members may not.

President Scapicchio: On a move forward basis, how do we make sure that we have these maps included all the time. Cynthia, this has been a request of Charlene's ever since she has been here, I understand you are new.

Mrs. Spencer: Okay

ROLL CALL: Passed Unanimously

Ord. #26-2002 Bond Ordinance Providing for various Improvements to Turkey Brook Park in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $1,500,000 Therefor and Authorizing the Issuance of $1,291,667 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

Mr. Spino moved Ord. #26-2002 to be introduced by title and passed on first reading and that a meeting be held on June 18, 2002 at the Municipal Building 204 Flanders Drakestown Road Mt. Olive, New Jersey for a Public Hearing and consideration of second reading and passage of set Ordinance and that the Clerk by directed to publish, post and make available set Ordinance in accordance with requirements of the law. Mr. Guenther seconded that motion.

President Scapicchio: Council discussion? Seeing none.

Mr. Guenther: It pains me to have to vote for this, I will vote for it. I think we have to look at some of our procedures and I don't feel the number of borings that were done to determine that rock was available was sufficient. I don't know if that could be covered in some sort of regulation within the Building Department or the Engineers office. I don't know how we handle that. I think it should also be a lesson to us. We must have project supervisors or whatever we call them that are from within State, that are familiar with the conditions in New Jersey, the regulations. Also the conditions here that don't come from a sand field state such as North Carolina.

President Scapicchio: Anyone else on the Council?

Mrs. Miller: I am going to vote no on this because I just feel that we are being buffaloed and things
are over and sometimes triplicate. I am just not going to vote for anymore spending of development for Mrs. Miller: Turkey Brook Park. Not in this phase.

President Scapicchio: Mayor, I want to make sure that there are no funds included in this Ordinance for any additional money for Olympvs?

Mrs. Spencer: At this point in time, we do not have approval to pay Olympus but if in fact it were approved that would come out of that contingency piece.

President Scapicchio: Just on a move forward basis we said there is going to be a change order in the amount of $1900 for some additional engineering for the raising of the sewer. We are going to move on that change order before they move forward with any additional work.

Mrs. Spencer: One of the issues here with the project as it goes forward is when these changes come up, if in fact we sit with it for a week two weeks or three weeks to get a resolution passed the work comes to a halt. I believe that is why the Mayor was asking to have three Council Members on the Turkey Brook sports park committee so that the weekly changes could be reviewed and approved within that allocation that is approved.

President Scapicchio: I am not quite sure that is going to be the way the process works. We will save that for another discussion. Steve,

Mr. Rattner: I just wanted to say that when we did the sewer project and I can understand what the Administration is saying as long as there is enough people on the committee from the Council to bring it back, you leave some dollar amount because you have field changes. You have little things and you know as a contractor a decision has to be made otherwise you can't go forward on something. So what you do is you set a dollar limit that you think is reasonable. It could be $100.00, $5,000, it could be $25,000. Whatever you think is reasonable So little things could keep going forward. That's what I think you have to address with that and from any big construction job I don't think is unreasonable. As long as you get the committee that can bring it back and they have to tell us within lets say 48 hours little things so at least you can keep moving forward. I don't think what they asked with limitations and that is a separate discussion, you are right is that unreasonable.

President Scapicchio: Lets hold that for a separate discussion. Anyone else on the Council for the Bond Ordinance?

Mr. Guenther: I do have an additional comment. Contrary, I think Mr. Rattner at the last meeting, there was some questioning as timing of us being made aware of this. I kind of beg to differ. He seemed to think it was timely enough. I do not. We discussed it last time and the time before. I think with the enormity of the expenses involved the Council should have been aware at a much earlier stage. I would like to please ask the Administration to keep that in mind in the future when things like this come up. I remember my time in a private industry the common themes of every Chief Executive involved. We realize the world is full of change and that things do not stay constant, but we don't like surprises, and when they do come we want to know about them immediately. People would get chastised if they did not come to the top executives and let them know what was happening pretty much right away as they are developing and I think administration failed us in that.

President Scapicchio: Well I think on an as move forward basis Bernie they are gong to give us a weekly report at both workshop and Public Meeting so we will know exactly what is going on on a weekly basis there.

Mr. Spino: I don't like doing this more than anyone else. But it seems to me we have so much money invested in this, still something that is needed by the children who participate in athletics in this town in the Recreation Department plus a lot of other people who are going to use this park, I think to stop now would be counter productive. I do request as I did in the workshop, our Attorney, if it is at the Council's request to negotiate or speak to the person that wanted to the contract for the building. I believe if we could stop and postpone the building, we will save about $700,000 or something to that order. Even if we have to pay him a small amount.

Mr. Dorsey: Earl, I don't think you should go into that.

Mr. Spino: That's Okay.

President Scapicchio: Earl and I agree. I sort of feel like we have no choice, but I am also deeply disappointed in Olympus and Olympus's engineers because I did expect that they would have given us their best advice and should have advised us that we should have some additional test holes in particular this President Scapicchio (cont'd): detention basin where they made some changes to reduce the cost of this project. So in that regard I am disappointed unfortunately I think that we have so much money invested in this that I really think we have no choice but to move forward and with that.

ROLL CALL: Passed Unaminously with the exception of Mr. Rattner and Mrs. Miller who both voted no.

Mr. Dorsey: I believe that is sufficient for the introduction of this ordinance but since it is Bond Councel who ultimately must certify the procedure perhaps the CFO should inquire whether she's satisfied with four votes on introduction. There is no question in my mind that five votes are absolutely necessary to pass it on second reading.

Ord. #27-2002 Bond Ordinance Amending Bond Ordinance Numbered #11-01 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted May 8, 2001, in Order to Amend the Description of the Project
.
Mr. Guenther moved that Ord. #27-2002 to be introduced by title and passed on first reading and that a meeting be held on June 18, 2002 at the Municipal Building 204 Flanders Drakestown Road Mt. Olive, New Jersey for a Public Hearing and consideration of second reading and passage of set Ordinance and that the Clerk by directed to publish, post and make available set Ordinance in accordance with requirements of the law. Mr. Greenbaum seconded that motion.

President Scapicchio: Any council comments?

Mr. Rattner: I said at the last meeting I did not necessarily have a problem with what they wanted to do. However I wanted a list of the Capital Ordinances that the money was coming from and what we did not do to provide those extra funds. I did not see that, by the time of final vote if I get that information I could go with it. I did notice that the majority of the money appears to be coming from a fund we set up to stabilize the old Municipal Building. I am real interested to know what we are not doing that we thought was important last year to do that I probably think is still important that we can find the funds. The work that they want to is very important and should be done, but I just want to make sure where we are getting the money from . The issue comes up is that we go through the capital budget this year, the departments tell us why it is so important that we have to put something in the Budget. A year later if they say we did not buy it and we did not need it, I would like to know why.

President Scapicchio: Anyone else on the Council?

ROLL CALL: Passed Unanimously with the exception of Mr. Ratter who voted no.

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer's Agreement Between the Township and Rachel Manor Estates.

2. Resolution of the Township Council of the Township of Mount Olive Granting Certain Authorization to Morris Land Conservancy in Connection with Vacant Land in Mount Olive Township.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing Additional Negotiations with the Church of Illumination.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing Municipal Consent to a TWA Permit Application for Woodfield Section IIIA.

5. A Resolution to Remove the Property at Indian Spring Road, Block 2100, Lot 33 from the May 23, 2002 Tax Sale for the Purpose of Allowing Time for Preparation and Execution of Transferring Title.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing a Modification to an Access Easement for Fire Department Purposes on Lot 26 Block 6900.

7. Resolution to Amend the 2002 Capital Budget. (Turkey Brook additional funding)

President Scapicchio stated we have seven Resolutions on the Consent Resolution Agenda and asked if council if there were any problems with the seven.

MOTION TO APPROVE CONSENT RESOLUTIONS AGENDA

Mr. Rattner moved consent resolutions items No.1 through 7, Mr. Guenther seconded that motion.

President Scapicchio: Anyone else from the Public?

ROLL CALL: Passed Unanimously with the exception of Mr. Rattner and Mrs. Miller, who voted yes on No.1-6, no on No. 7.

PUBLIC PORTION ON CONSENT RESOLUTIONS

RESOLUTIONS NON CONSENT

8. Resolution of the Township of Mount Olive Authorizing a Special Emergency Appropriation for the B-Med Additional Assessment.

Mr. Greenbaum moved non-consent resolution No. 8 and Mr. Guenther seconded that motion.

President Scapicchio: Any public comment?

Richard Bonte, Budd Lake: Is this the assessment that Mr. Rattner was just referring to?

President Scapicchio: Yes it is.

Mr. Bonte: It was paid?

Mrs. Jenkins: It has been paid, yes. It had to be paid in full in January.

Mr. Bonte: Why are we passing a resolution at this point in time to authorize that appropriation?

Mrs. Jenkins: Because we just declared a special emergency on that and there is a two part process for that. There is an ordinance and there is also a resolution that needs to be passed.

Mr. Bonte: What authority was it that paid the bill in January?

Mrs. Jenkins: We had an appropriation in the temporary Budget to pay this bill. That was set up in January.

Mr. Rattner: I believe we took out another $166,000 out of surplus to cover the other two thirds.

Mrs. Jenkins: Correct, but he is speaking about the fact that if we just declared a special emergency, how did we pay it? I am saying that we have the authorization because we had an appropriation in the temporary budget to allow us to pay it.

Mr. Rattner: We also funded it in the current budget by taking it out of surplus.

Mr. Bonte: So, is this necessary?

Mr. Dorsey: That depends on which accountant you speak to.

Mr. Bonte: I don't believe any of them? If we had the authority to pay the bill then this piece of paper is meaningless. If we didn't have the authority to pay the bill and we are seeking that authority now my question is under what authority did we pay the bill?

Mr. Dorsey: The most basic obligation that we had to pay the bill is that when the Township joined the Bergen BMED we entered into what is referred to as an indemnity and trust agreement. That agreement Mr. Dorsey( cont'd): calls upon every Municipality that was a member and I think there was something like 33 members. Although they would pay an assessment every year, there could be supplemental assessments. That therefore became the legal basis upon which the BMED when it ran into enormous difficulty and thank god we got out of it a year before it collapsed, but required every municipality who is a member at any period of time to pay a portion of that assessment. That was the authority for the payment of the bill. Beyond that is beyond my comprehension and I leave it to the CPA's.

Mr. Bonte: It is beyond mine too. I don't understand this document tonight.

President Scapicchio: Anyone else? Council discussion?

ROLL CALL: Passed unanimously with the exception of Mr. Rattner and President Scapicchio who both voted no.

9. Resolution of the Township Council of the Township of Mount Olive Endorsing a Constitutional Convention Re: Tax Reform.

Mr. Spino move for approval of non-consent resolution No. 9 and Mr. Guenther seconded the motion.

Mr. Bonte: I had spoke on this two weeks ago, and I just don't understand why it's back on the agenda. I thought it had been decided by the Council that this was not a good idea.

President Scapicchio: Rich, you are wrong. It was taken off the agenda because it was originally requested to be put on by Mr. Spino who was absent so we pulled it off so that we could put it on when he was present.

Mr. Bonte: Mr. Spino have you read the comments that I made at the meeting two weeks ago?

Mr. Spino: I listened to the tape.

Mr. Bonte: You are aware of my objections and why this is not a good idea to do because it could open up to this convention, the means to address every ill within the State of New Jersey.

Mr. Spino: I don't believe that. I believe that if it is structured in a way, it will only address the tax and most importantly property tax.

Mr. Bonte: Well, I believe Mr. Dorsey gave a very fine explanation of how the constitutional process works.

Mr. Spino: First of all, let me just go back one minute if you don't mind. This is a question of what will go on at that meeting. I think this is nothing more than what many states have already; initiative and referendum which was a very popular war cry of many republicans throughout this state and ran for election, and won elections on promising to give people in New Jersey initiative and referendum. The ability to put something on the ballot. This is just doing that. Put it on the ballot and let the people vote. It was nothing with what will go on in my opinion right now as far as what will be held at that convention. Give the people the right to vote on it. You are the ones that want referendum. This is right up your alley, it should be.

Mr. Bonte: I agree with you. The State of New Jersey had an election about five years ago when I & R was approved by the voters. I don't believe that the enabling legislation has ever been written. However this is a different issue. I fully believe that taxation in the State of New Jersey is a legislative function and that it does not require or need a constitutional convention to be called to change the way we tax our residents. That is what I am fearful of and you should all be fearful of. Because a constitutional convention in my belief and I believe Mr. Dorsey stated two weeks ago, correct me If I am wrong Mr. Dorsey, probably cannot and will not be limited to the Tax issue only. Once you call a constitutional convention, everything is up for game at that point in time. This could be something that we don't want to happen. The impact that it can have on the residents of the States and all of the special interest groups within New Jersey, we could end up with some major changes in our form of Government in this State that none of us ever anticipated. I think that if we want to see the method of funding in the State for raising revenue, we need to do it through the legislature. I agree that I & R is probably a good way of doing it. Thank you.

Mr. Spino: I have said that for as long as I have sat on this Council. For those of you, it's a long time, and some of you might think it is too long a time. But I do believe that this is the only way we are going to get any movement in Trenton. We have asked legislators, we have petitioned legislators, well not petitioned, we have sent resolutions to them, we have voted for legislators who said they were going to help us change Mr. Spino (cont'd): it. Nothing has been done. I don't believe anything will ever be done with serious regard to tax reform in New Jersey. You are saying you like initiative and referendum. I like it to, but I know that inherent initiative and referendum are things that I may not like. If there is enough people and an out cry, they'll be something on the ballot that I am diametrically opposed to and I will have no control over it except to try and undo it. So we can't pick and choose what we would like to see up there for referendum. I think unless we are willing to go up and actually do something about it, I think it is the only way we are going to do anything and I think it should be done. Give the people a right to vote on it first and see what happens.

Mr. Bonte: I would strongly recommend to the Council members to defeat this resolution. Thank you.

President Scapicchio: Anyone else? Council Discussion?

Mr. Rattner: I've done a lot of reading on the Bill and exactly that is in it and what isn't and I am not going to support it but not for Mr. Bonte's, reasons because I just don't think it is going to work. The legislation that we are asking to support specifically prohibits it from addressing spending and that is what the issue really is. The delegates could only deal with taxation. All the tax money goes into a pot in Trenton and then gets redistributed to the Towns with the systems set in place by our cocka manny court system. The system is simple. Of all the people that proposed it, of course he proposed it five years ago was our new Governor. Back in 1997 he used a model that was done in Michigan. That conservative Governor Republican John Engler proposed. He capped the expenses and basically what you say is that the State is responsible for the core curriculum. This way you do not worry about Newark getting $15 million and somebody else getting something else. The poor and rich towns get a lot and the ones in the middle probably are going to get nothing and probably get hurt. There it says that two State Senators, one who actually represented us for a short period of time, Leonard Lance proposed a special needs district that would fund the special needs district at the State average and not the levels the court ordered and then there was another Senator from Ocean County that would put before the voters an amendment to T & E again equal funding for the core requirement. What the State pays for is what is required. The basic three r's. Forget about all the other stuff that every town or anybody may like, and I think that may be the way to go. When reading that all they are going to do is control how taxes are collected but have no bearing because they will be prohibited to the way it is spent, it sounds like a rigged game again because the courts are going to have the final hand and we can't trust them.

President Scapicchio: Anyone else on the Council?

Mr. Spino: Just one more thing, I read that article too and I did not bring it up because it goes back to the same issue. If this is not done in ten years, there will be pe`1ople sitting up here and how bad it is and how property tax is terrible and there won't be any change. They are not going to change it, I don't think they have the resolve to change it on Trenton. That's it.

ROLL CALL: Defeated
Mr. Rattner, Mr. Greenbaum and Mr. Scapicchio voted no.
Mr. Spino, Mrs. Miller and Mr. Guenther voted yes.
MOTIONS

1. Bill List.

Mr. Guenther moved for approval of the Bill List and Mr. Greenbaum seconded the motion.

President Scapicchio: Council comments?

Mr. Greenbaum: On page 10, there is almost a $1,500 charge for t-shirts. What does that relate too?

President Scapicchio: Where is that on the list Rob?

Mr. Greenbaum: It's 040815, 240 shirts; Fruit of the Loom employee t-shirts, do you know what that relates too?

Mrs. Spencer: I can't say with certainty, but I am pretty sure that every child that participates in the summer recreation program leaves with a t-shirt and I know that have been placing those orders. They expect to process 1200 kids through the program this year.

Mr. Greenbaum: So that program requires a fee to participate in. So those costs end up being recouped by the Township. What happens to the money?

Mrs. Spencer: Actually these fees this year were doubled over last year. So not all is recouped but a lot more than last year.

Mr. Greenbaum: I had a question on page 13, 010731. The D2L Associates Inc. $3900 installed lights and fixtures. What does that relate too?

Mrs. Jenkins: I believe this was work done at one of our pump stations. I had reviewed the bill with the DPW last week.

Mr. Rattner: I think what we have to do Sherry is look at that because this looks like electrical work and this is the same question that came up a couple months ago. I picked out a vendor and they have not paid everything that the vendor billed us for. The bidding law says that if you have a certain amount of work, approaching a certain amount of dollars you have to go out to bid. It does not matter that you spilt it up between two or three different vendors.

Mrs. Jenkins: The bill was for labor and materials related to the work that they did.

Mr. Rattner: I am not saying.

Mrs. Jenkins: I know what you are saying.

Mr. Rattner: It's electrical work. Of course we have to have, and I am not sure what it is and there is a difference when you talk about emergencies and when something has to be repaired and I understand that.
We still have to talk about it and make sure because if we do something wrong and it shows up in the audit next year and then we hammer them.

Mrs. Jenkins: I have no audit recommendations night now, thanks.

President Scapicchio: Steve, are we also questioning why D2L associates is doing electrical work?

Mr. Rattner: I am not going to micromanage why we use different people.

President Scapicchio: That's the firm we hired to oversee the water and sewer paperwork. We don't have a licensed operator. That is what they are taking over. What are they getting involved in electrical work for?

Mr. Rattner: Is it just mischaracterized?

Mrs. Spencer: I don't know. We can go back and double check that detail, but I do want to make one comment in relationship to getting close to the bidding limit. We have in fact an RFP on the street right now and bids for electrical work will be taken on June 3, 2002.

President Scapicchio: So we will take this off the Bill list until we get a clarification.

Mrs. Jenkins: I'll get you a copy of the Bill. Like I said, I just went over it with Mark, I know it was an emergency, I know it was for work that was done at one of the stations. I will provide you with a copy of that tomorrow.

Mr. Rattner: Suppose we just asked them to hold off the check, if you get the back up and you are satisfied then we could pay because we want to satisfy the vendors on a timely basis.

Mrs. Jenkins: We have to put it back on the Bill List anyway, unless you approve it now, I give you the back up and then you tell me release the check. If you want to take it off the Bill List, I have to put it back on before I can pay it.

Mr. Rattner: If D2L did electrical work I want to know why, I also want to know who they hired as a subcontractor to do the electrical work if they are not licenses. I have a question. On Page four and this relates to the new connector road, Woodco sign and Manufacturing Company, $7,755 for signs. Is that for traffic signs, or is that for the big signs. And then the question comes, what signs we are paying for?

Mrs. Jenkins: Woodco is for traffic signs.

Mr. Rattner: That brings me to my next question, we had our own sign department because were saying we could do it cheaper.
Mr. Rattner (cont'd): If we could do it cheaper if they have to pay us why didn't they just pay us and we put the signs together and help us defer some of the costs of the department.

Mrs. Jenkins: We are getting a grant for that whole project anyway.

Mr. Rattner: I know that but you can get reimbursed for doing it in the house. If it is cheaper to do it in house, then why didn't we do it in house why didn't we do it in house especially because we have a full time person that supposedly has just done signs.

Mayor Licitra: I have asked for this a couple of times. If we truly want to research the Bill List I have no problem. But if you give us the opportunity a day or two before, we can have most of these answers for you so that they don't have to another week. So I could understand you looking a the Bill List the first time and you have a question. Just show us the courtesy and we could get you the answers. All the answers you want.

Mr. Rattner: Well I am not going to say not to pay it. It was just a question just on here.

Mrs. Jenkins: You want to know why we did not have them done in house? I will speak with Gene and find out.

Mr. Rattner: First I want to make sure it was traffic signs and not their big signs and I agree but then how come we did not do in house. Because we do have in the budget a full time person with a truck and everything else and I would imagine they could handle whatever that is in signs because supposedly it is cheaper than going out and buying it. If we can charge the price of the sign, we could have deferred the overhead of the department.

President Scapicchio: Anyone else? Bernie? I am not questioning the charges. For my own edification the three places in here for group insurance charges on page six, there is the bulk of a June medical insurance of $98,000, then on page 11 there is a charge of $12,288 and it says group insurance through Horizon. Then there is another $3,897 on the next page. What is the reason for those breakouts. Is it different types of insurance?

Mrs. Jenkins: If you remember correctly, the way that we set up the budget is we charge off group insurance to the Library to the water and sewer utility and to the sanitation district and that is done by a number of employees. That is why you are going to see a charge in each of those respective funds. That has been going on here for years.

Mr. Guenther: On page four, The Strategic Innovations Management; Employment Agency?

Mrs. Jenkins: That's grant related. It is for the Public Health priority funding grant that we get that is handled through the Health Department. The specific work that was done, I do not know but I can find out for you. But I know it is related to grant money that we get. That I could confirm for you. A couple lines down.

President Scapicchio: A couple of lines down, reimbursement for air fare, $2,125. Law enforcement?

Mrs. Jenkins: Law enforcement trust, exactly.

President Scapicchio: Where did they go? And if you don't know; you can get the answer.

Mrs. Jenkins: Not off the top of my head, I don't.

Mr. Spino: What did we decide to do with the electrical?

President Scapicchio: We are going to approve it and they are going to hold the check. Mayor, we are going to move forward on this. Does everybody on your end understand what is going to happen with the check for D2L, the electrical? We are going to approve it and you are going to hold on to it.

Mrs. Jenkins: I am going to get all these answers for you tomorrow. Okay?

President Scapicchio: Thank you.

ROLL CALL: Passed Unanimously.

2. Approval of Raffle Application #1036 for St. Jude Church.
Mrs. Miller moved for the approval of Raffle Application #1036 for St. Jude Church and Mr. Guenther seconded the motion.

ROLL CALL: Passed Unanimously.

COUNCIL REPORTS
Library Board Liaison Report, Mrs. Miller: We don't meet until the second Wednesday in June so no report.

President Scapicchio: Charlene how are we making out with the architect and the plans? Any idea?

Mrs. Miller: I have been getting some correspondence back and forth. It sounds positive. I can't think of a rate off the top of my head.

Mr. Guenther: I happen to talk to Rita Yesterday at the parade and she mentioned that they should have the plans complete I think by August and then be ready to go out for bid and then whatever the process there is whatever time it takes to hopefully get something in the ground I guess.

President Scapicchio: Does anybody know what is happening with the water and sewer and are we going to put the Municipal Building property and the library property together.

Mrs. Spencer: We have received a letter from Mount Olive Villages and they believe it is the right thing to so they have told us that they have our approval to go ahead and to expand the franchise area to include the library hook in to the municipal connections.

Mr. Dorsey: If they have given you that, you then have to get a description from Buczynski of that area. You have to get a copy of the Ordinance that was originally adopted for them which I think was adopted in 1983, then I have to draw an ordinance to expand the franchise area. Then it has to be submitted to the BPU.

Mrs. Spencer: It does. And it has to be submitted in conjunction with the wastewater management and the storm water management master plans and it will be submitted as a request for the last amendment. At this point they will not accept any amendments until we produce those other two plans.

Mr. Rattner: John, I Have a question, the DEP I know from other responsibilities I have, the new appointees are all part of the smart growth people which are basically don't want to approve any expansion, any new permits. However, what I came up with before, if we merged the lots, can we get under that by saying it is one lot and then the lines have to be moved to maybe a lot simpler a way. Because this is the same owner. If it was Mr. Rattner (cont'd): a residential property, we have done it to those people. We had two lots, they both owned it and it was owned by the same person, we merged them. Is that a simpler way of getting through this? Because I don't know if we are going to get and it could be two years to get a permit, I am pretty sure through DEP and I am serious.

Mr. Dorsey: I don't know if it could be done that way because it obviously involves a subterfuge of impart because the usual thing is to simply expand the franchise. I think you still have to get DEP approval to essentially Sewer and Water that adjoining part of land.

Recreation Report, Mr. Guenther: There is a meeting next week so there is no new report right now.

Planning Board Report, Mr. Greenbaum: The Planning Board dealt with and disposed of the Shoprite application at the old Weiss Market Supermarket site. Everyone went away unhappy. The site plan approvals were approved. The request for a 60 foot sign variance was denied. My understanding is from information I have learned this evening that Shoprite is coming in for reconsideration of the denial of the variance. I have not seen anything on it. I don't know if it is an appropriate procedure, the resolution I suspect will be memorialized at the first meeting in June which is a very very busy meeting there are four or five application matters on that date.

Mr. Spino: Do they have to come to the Planning Board or can they go to the Board of Adjustment.

Mr. Greenbaum: That's a question I asked of Mr. Buzak, the awnser to that question is unclear and has not been resolved. I have a feeling that at this point once the resolution is adopted that they have to go to the Board of Adjustment at that point in time, but I am not sure. I will find out though and report back.

Open Space Committee Report, Mrs. Miller: They meet the second Monday of June.
Legislative Committee Report, Mr. Guenther: No report.

Master Plan Report, President Scapicchio: Master Plan is at the Planning Board and should be coming back any time now.

Rob Greenbaum: Actually I think it is going to be part of a Public Hearing sometime in July. So I don't expect to see it back at Council until the end of the summer.

Pride Committee Report, Mr. Guenther: I was not at the last one but there is another meeting on the 18th, so I don't know if Mr. Perkins was at the last one, so I have no report.

President Scapicchio: That brings us to the last public portion of this meeting, does anyone from the Public wish to address the Council on any item at all? Seeing none we will close the Public Portion.

Motion made at 9:40 pm to go into executive session to discuss potential litigation and current contract negotiations.

The Public Meeting reconvened at 10:52 pm. Motion made for adjournment. All in Favor, none opposed. The Meeting was Adjourned at 10:53 pm.
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DAVID M. 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 August 20, 2002

_______________________
LISA M. LASHWAY
Township Clerk

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________________________
LISA M. LASHWAY
Mount Olive Township Clerk

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Open Space Committee Report - C. Miller
Legislative Committee Report - B. Guenther
Master Plan Report - D. Scapicchio
Pride Committee Report - B. Guenther/R. Perkins

PUBLIC PORTION

COUNCIL COMMENTS

ADJOURNMENT