Mt. Olive Township Council Minutes
October 29, 2002

PLEDGE OF ALLEGIANCE

The Special Public Meeting of the Mount Olive Township Council was called to order at 6:30 pm by Council President Scapicchio with the Pledge of Allegiance to the Flag.

MOMENT OF REFLECTION

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

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

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

ROLL CALL Present: Mr. Rattner, Mr. Greenbaum (6:35), Mr. Perkins, Mrs. Miller, Mr.Guenther (6:35), President Scapicchio

Absent: Mr. Spino

PUBLIC PORTION

President Scapicchio: This brings us to the first Public Portion of this meeting. I would just ask the Public to be somewhat courteous of this time. We are trying to get out of here by 7:30 to get down to the Morris County Open Space Hearing. Our Open Space Committee is making a presentation to them and I think most of us, if not all of us, are headed down there. So with that, anyone from the public have any comments for the Council?

Bob Elms, Budd Lake, NJ: I have some comments on the consent resolutions. No. 6 and No. 7. Number 6, some of them I don't understand where they are coming from. We have a contract for Morris County. This contract with Internal Salt, is that the name of a company?

Mrs. Spencer: These are the names of companies that have won bids in the State for Morris County Cooperative Purchasing Contracts and they need to be mentioned by the name of company within our resolutions to allow us to purchase off of them.

Mr. Elms: On number seven; my question is; Mr. Spangler is apparently a State Retiree and has been employed here as a Councilman and Mayor. He is going to act as a consultant to this. It doesn't say what his hourly rate is, just a flat fee. We don't know whether or not any or all of the employees are going to take advantage of this training.

President Scapicchio: Cindy, do you want to explain to Mr. Elms what action we are taking in regard to Mr. Spangler?

Mrs. Spencer: Mr. Spangler has agreed to modify his contract so that it will be for an amount not to exceed $3,000 and depending on how many employees participate, the maximum amount to be charged will be $1,000 per affected employee.

Mr. Elms: Have we gone out to other agencies that do this kind of work too?

Mrs. Spencer: No we have not. Mr. Spangler does this for a living and has been for many years. We believe that his out placement services and the realm of his knowledge is exactly what our people need.

Mr. Elms: Thank you.

President Scapicchio: Thank you. Anyone else from the public? Seeing none we will close the first portion of the Public Meeting.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

July 23, 2002 Present: Mr. Rattner, Mr. Greenbaum, Mr. Perkins, Mrs. Miller, Mr. Guenther, President Scapicchio
Absent: Mr. Spino
October 22, 2002 CS Present: Mr. Rattner, Mr. Greenbaum, Mr. Perkins, Mrs. Miller, Mr. Guenther, President Scapicchio, Mr. Spino
Absent: None

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

ROLL CALL: Passed Unanimously.

CORRESPONDENCE

Letters from Residents

1. E-mail received October 11, 2002, from Scott Uhrmann, 12 Jennies Lane, Hackettstown, regarding Tank Removal.

2. Letter received October 17, 2002, from James Buell regarding Linwood Road (Ord. 41-2002)

Resolutions, Ordinances, Correspondence from Other Municipalities

3. Resolution received October 7, 2002, from Rockaway Township Regarding opposing Assembly Bill A-2464 Which Would Require County and Municipal Utilities to Discount Sewer and Water Connection Fees for Affordable Housing.

4. Resolution received October 7, 2002, from the Township of Randolph amending the present Open Space and Farmland Preservation Trust Fund to Include a Public Question for the Next General Election to be Held November 5, 2002.

5. Resolution received October 11, 2002, from the Borough of Netcong regarding support of Municipal Aggregation, A-2165 and S-1433.

6. Resolution received October 15, 2002, from the Borough of Netcong regarding opposing Assembly Bill A-2464 Which would require Municipal and County Utilities to Discount Sewer and Water Connection Fees for Affordable Housing.

7. An Ordinance received October 15, 2002, from the Borough of Netcong regarding Land Use.

8. An Ordinance received October 16, 2002, from the Borough of Netcong regarding Land Use.

9. Resolution received October 16, 2002, from the Borough of Mt. Arlington regarding increasing polling hours.

10. Resolution received October 18, 2002, from Hardyston Township regarding State Acquisition of Newark Watershed Lands until a Permanent Source of Revenue is provided to Most Municipalities.

11. Resolution received October 22, 2002, from the Borough of Chatham regarding the Reauthorization of the Clean Communities Bill S-1371.

12. Resolution received October 22, 2002, from the Borough of Chatham regarding increasing fees for Registration of All Terrain Vehicles, to provide Relief to Municipalities for Enforcement, and Increase fines and penalties associated with unauthorized or unlawful use of such vehicles.

13. Supplemental Resolution received October 22, 2002, from the Musconetcong Sewerage Authority relating to the General Bond Resolution of the Musconetcong Sewerage Authority and Authorizing the Issuance of a Series of Sewer Revenue Bonds Pursuant Thereto.

14. Resolution received October 22, 2002, from the Borough of Chatham opposing Assembly Bill A-2464 which would require Municipal and County Utilities to Discount Sewer and Water Connection Fees for Affordable Housing.

15. Resolution received October 22, from the Borough of Chatham endorsing the Amendment of the Open Space and Farmland Preservation Trust Fund to Include Historic Preservation.

16. An Ordinance received October 22, 2002, from the Township of Roxbury regarding Land Use.
17. Resolution received October 23, 2002, from Frankford Township regarding Black Bear Population Management.
DOT / DEP / Permit's / LOI's

18. Notice received October 7, 2002, from Courter, Kobert, Laufer & Cohen regarding an application to the Planning Board of the Township of Roxbury for Preliminary Major Site Plan approval to construct an 8,830 sf Child Care Center.

19. Letter received October 15, 2002, from the State of New Jersey, Department of Environmental Protection regarding Morris County YMCA Dam.

20. Notification of Stream Encroachment Review received October 22, 2002, from Chester, Ploussas, Lisowsky Partnership, LLP regarding Mt. Olive properties, LLC c/o Kiddie Academy for Bloc k9201, Lot 3 located on Route 206 South in Roxbury.
21. Letter received October 24, 2002, from the State of New Jersey, Department of Environmental Protection regarding Amendments to the Universal Waste Rule.

22. Letter received October 25, 2002, from Vallerie Kimson Bollheimer regarding Escrow Fees: Hamid Hashemi Appeal Application #99-30, Mt. Olive Township Planning Board.

League of Municipalities

23. E-mail received October 11, 2002, from the New Jersey State League of Municipalities regarding Clean Communities and COAH Certification.

24. E-mail received October 14, 2002, from the New Jersey State League of Municipalities regarding adequate off street parking, applying for Federal, State and Federal Grants, Revisions to Cap Law and Responsibilities of County to pay burial costs of indigent, unidentified or unclaimed deceased persons.

25. E-mail received October 15, 2002, from the New Jersey State League of Municipalities regarding Revisions to Cap Law.

26. E-mail received October 18, 2002, from the New Jersey State League of Municipalities regarding updates on the results of the October 17th meeting of the Senate Community and Urban Affairs Committee.

27. Legislative Bulletin received October 22, 2002, from the New Jersey State league of Municipalities regarding Bills that were enacted as Public Laws of 2002.

28. E-mail received October 23, 2002, from the New Jersey State league of Municipalities regarding clean communities and COAH Certification.

COAH

29. Newsletter received October 18, 2002, from Council on Affordable Housing regarding Four Affordable Housing Bills Proposed in Assembly, 120 Day Administrative Orders Prove Effective and New Jersey Builders' Association Challenges Extended Certifications.

30. Letter received October 8, 2002, from the Center of Government Services in Conjunction with the New Jersey State League of Municipalities regarding the Newly Elected and Re-Elected Officials' Seminar.

MUA / MSA

31. Minutes received October 17, 2002, from the Musconetcong Sewerage Authority regarding the September 4th meeting.

Correspondence from Organizations / Committees / Boards

32. 2002 Highlands Report Update received October 23, 2002 from Kathy Murphy.

33. Minutes received October 24, 2002, from the October 17th meeting of the Morris County Planning Board.

Legislative Representatives
34. Letter received October 9, 2002, from Chris Donnely, Office of the Governor regarding the New Jersey Insurance Fraud Summit Target Uninsured Drivers, Auto & Medical Fraud.
President Scapicchio stated that we have 34 pieces of correspondence on the Agenda and asked if Council had any comments on same? Seeing none.

ORDINANCES FOR FIRST READING

Ord. #42-2002 Bond Ordinance Amending Bond Ordinance Numbered 36-2000 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted October 10, 2000 Providing for Various Park Improvements to Turkey Brook Park in Order to Amend Such Bond Ordinance in its Entirety.

Mr. Rattner moved that Ordinance #42-2002 be introduced by title and passed on First Reading and that a meeting be held on November 26, 2002 at 7:30 pm at the Municipal Building 204 Flanders Drakestown Road. Mt. Olive New Jersey for Public Hearing and consideration of second reading and passage of said Ordinance and that the Clerk be directed to publish, post, and make available said Ordinance in accordance with the requirements of the law. Mr. Guenther seconded that motion.

ROLL CALL: Passed Unanimously with the exception, Mrs. Miller voted no.

CONSENT RESOLUTIONS

MOTION TO APPROVE CONSENT RESOLUTIONS AGENDA

1. Resolution of the Township Council of the Township of Mount Olive Retaining the Services of Francis J. Brennan, P.E. (Turkey Brook Park)

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of the Redi Grant Balance of $29,000.00.

3. Resolution of the Township of Mount Olive Authorizing a Change of Amount in 2002 Current Fund Budget Appropriations in Accordance with NJS 40A:4-85.

4. Resolution of the Township Council of the Township of Mount Olive Approving an Interlocal Health Service Agreement between the Township of Mount Olive and the Board of Health of the Borough of Netcong Pursuant to N.J.S.A. 26:3A2-1 et seq.

5. Resolution of the Township Council of the Township of Mount Olive RE: R& D Trucking Inc./Sludge Hauling.

6. Resolution of the Township of Mount Olive Authorizing the Use of Various Purchasing Contracts.

7. Resolution of the Township Council of the Township of Mount Olive Retaining Charles Spangler in Connection with Employment Related Problems.

8. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Precision Excavating and Benkendorf Landscaping for the Year 2002-2003 for Snowplowing Services for Mount Olive Township.

9. Resolution RE: Passaic Valley Sewerage Commission (PVC). (Sewage Sludge Disposal).

10. Resolution of the Township Council of the Township of Mount Olive Renewing the Contract for Fleet On Site Service and Maintenance Contract with First Vehicle Services.

11. Resolution Canceling 2002 Taxes on Block 400, Lot 4 and Block 401, Lot 1 That Have Been Conveyed to the County of Morris and Classified as Exempt as of December 28, 2001.
12. Resolution to Cancel Taxes on Property at Waterloo Valley Road, Block 600 Lot 3 Owned by the State of New Jersey Department of Environmental Protection.

13. Resolution Refunding Second and Third Quarter 2002 Taxes Paid on Property at 6 North Mt. Olive Road, Block 3309, Lot 19 Has Been Granted 100% Permanent and Total Disabled Veteran Exemption and Canceling the Tax Obligations from the Effective Date of May 1, 2002 Until the Property Changes Ownership.

14. Resolution Refunding First, Second and Third Quarter 2002 Taxes Paid on Property 72 Lozier Road, Block 2801, Lot 8 Due to the Allowance of a 100% Disabled Veteran Tax Exemption and Canceling the Tax Obligation Until the Property Changes Ownership.

15. Resolution Canceling First and Part of Second Quarter 2002 Property Taxes on 160 Sand Shore Road, Block 2801, Lot 89.

16. Resolution to Cancel Tax Sale Certificate #98-086 Sold to Mt. Olive Township October 19, 1998 on Property at Gold Mine Road, Block 4400, Lot 111.

17. Resolution to Cancel Outstanding Taxes on Certain Exempt Properties Recorded in the Name of Mount Olive Township.

18. Resolution of the Township Council of the Township of Mount Olive Authorizing the Acquisition of a Brush Truck Mini/Attack Pumper from Absolute Fire Protection (Change Order).

19. Resolution of the Township Council of the Township of Mount Olive Authorizing Approval of the 2002-2004 MOTPEA Contract.

President Scapicchio stated that we have 19 items on the Consent Resolutions Agenda and asked Council if they had any concerns.

Mr. Ratter: I would like to have No. 18 & 19 moved to Non-Consent Agenda.

Mr. Guenther moved for the approval of the Consent Resolutions 1 through 17. Mrs. Miller seconded the motion.

President Scapicchio: Any Public Comment on the Consent Resolution Agenda? Seeing none.

ROLL CALL: Passed Unanimously.

NON CONSENT RESOLUTION AGENDA

18. Resolution of the Township Council of the Township of Mount Olive Authorizing the Acquisition of a Brush Truck Mini/Attack Pumper from Absolute Fire Protection (Change Order).

Mr. Rattner moved resolution No.18. Mr. Guenther seconded the motion.

President Scapicchio: Any public comment on resolution No.18? Seeing none, Council comments?

Mr. Rattner: The resolution states and we discussed this at the Workshop that the additional amount is for a change order. I asked to see a change order. I asked to see the change order plus I believe we have to vote on the change order anyway. I haven't seen it. Do you have it with you?

Mrs. Spencer: No I do not. I was told that although the difference in the numbers were in fact due to change orders that had taken place between when the vehicle was approved and the final order placed. It was a typographical error on the part of my clerk in putting together the resolution.

Mr. Rattner We went over that last week, Fred Uhlmann said specifically last week that it was because of editions and changes that they made with the manufacturer and he apologized for not letting us know ahead of time. I said it was minimal amount and I said we won't do that again because we usually approve it ahead of time. I don't want to approve it until I know what the change orders are.

Mr. Greenbaum: I thought we've already gone down this road. I could have sworn we had this exact conversation two weeks ago.

Mr. Rattner: A week ago.

Mr. Greenbaum: When ever it was.

President Scapicchio: Well I think that there is different information that has been given out.
Mr. Greenbaum: I suggest that the Flanders Fire Department be brought here next time this comes up because it is obviously not going to be approved tonight.

President Scapicchio: Is that your request Mr. Greenbaum?
Mr. Greenbaum: If they want the truck, I know that they are not going to be happy when they hear that it didn't get approved again because they weren't happy the first time it didn't get approved.

Mr. Dorsey: Is this not the one where originally the manufacturer or the seller of it issued a two year warranty and they were supposed to give us a three year warranty and then my recollection was the Chief from the Fire Department said, when he called and said we needed three years, they gave him three years.

President Scapicchio: The discrepancy now is in the total amount which appears to be $3,000 more than what was approved. We are not quite sure whether it was typo or something that was authorized by the Flanders Fire Company.

Mr. Rattner: In fact, specifically what Mr. Uhlmann asked us to do was approve the $130,000 and we may have already approved that payment. I think we approved that a couple of weeks ago. We were only supposed to approve the change. The $3,000, we are not approving $133,000.

President Scapicchio: Oh, so this is only a change. So than we can take this off.

Mr. Rattner: I am asking for the change order for what he said that they put the extra items on the truck, the field change orders and it even says the change order and I would like to see what the change order is before I vote to approve it.

President Scapicchio: Do we need to defeat this or can we just; the motion is on the table and it has been seconded so we have to take a vote on it.

Mr. Dorsey: Are you opposing it because the Administrator does not have the change order here tonight?

President Scapicchio: I think we need clarification as to what the change order is.

Mr. Dorsey: Then I would suggest that one make a motion to simply take it off rather than defeat it.

President Scapicchio: Steve, do you want to make another motion?

Mr. Ratter made a motion to delete the previous motion from the list. Mr. Guenther seconded the motion.

ROLL CALL: Passed Unanimously

19. Resolution of the Township Council of the Township of Mount Olive Authorizing Approval of the 2002-2004 MOTPEA Contract.

Mr. Guenther moved resolution No. 19 and Mr. Greenbaum seconded the motion.

President Scapicchio: Any public comment? Council comments?

Mr. Ratter I just got a copy of the contract late this afternoon so I went through it real briefly and in total I don't have a problem with the contract. I really didn't have time to go through it. However we did get a synopsis last week where the Administration told us what was in it and I found a couple, what I consider detail items, that the dollar amounts are different on reimbursement and that type of thing. Now I don't have a problem with the contract and I will vote for it, however we're voting to accept the contract that the Mayor is going to sign, not necessarily what we have in front of us. I just want to make sure that what we do have is the correct one because this sheet that we were given last week does not line up exactly with the contract as it was written. They are relatively minor.

Mr. Dorsey: If you pass this resolution the assumption has to be that you are approving the contract not the synopsis that's in front of you.

Mr. Rattner: I just said that. The contract is more to my liking.

Mrs. Miller: I haven't had time to read it at all.

Mr. Rattner: I am just saying that it was different. We were given a synopsis, the contract is slightly different. The contract is fine with me I just want to make sure that when they issue the contract and the Administrator also announced that there is another minor correction that she made on the one that I didn't catch.

President Scapicchio: So what are you suggesting Steve?
Mr. Rattner: I will approve it. The contract is what has been negotiated and approved by the Union. The contract that I got this afternoon, I am willing to vote on and approve. I am just asking them one final time before the Mayor actually signs that they agree that contract has everything in it the way it should be.

Mr. Dorsey: I am going to say one thing. That contract was sent up here over two weeks ago.

Mr. Rattner: I asked for it last week and we just got it in our mail today.

Mr. Dorsey: John Horan did that at least two or three weeks ago. Second, if this resolution is approved it authorizes execution of the contract that we submitted and nothing else.

President Scapicchio: Steve, are you satisfied with the language in that contract?

Mr. Rattner: Yes.

President Scapicchio: So that is what we are voting on?

Mr. Greenbaum: Yes. Steve was just concerned that the synopsis is different than the contract.

Mr. Rattner: I am wondering what is really right.

Mr. Greenbaum: Well, what's right is the contract. That is what Mr. Dorsey is saying. We are voting on the contract. That's it. You could throw away the synopsis.

President Scapicchio: Steve have you brought this to the attention of the Administration?

Mr. Rattner: Yes and she brought to my attention another minor change that they made on it.

Mrs. Miller: Anybody besides myself not had the opportunity to read it.

President Scapicchio: I have reviewed it.

Mr. Guenther: I haven't reviewed it.

Mr. Greenbaum: I have had the contract for the period of time that the Administration has. I was one of the original people so I have had a chance to look at it.

Mrs. Miller: I feel very uncomfortable voting on something that I haven't been able to read.

Mr. Guenther: I am willing to vote for it as long as…This is a long negotiation, Mr. Greenbaum negotiated on our behalf. Since he is familiar with it and is willing to state that this agrees 100% with what was negotiated I am willing to vote for it.

Mr. Greenbaum: Let me say this. I am 100% in agreement that the terms that were brought into negotiate are accurately set forth in the contract. However the contract is a lengthy document and includes many items that I was not familiar with nor did I have any part in negotiating. That's why I wanted the Administration to come forth and say I have reviewed the contract and with regard to those terms it is accurate. Now I am satisfied that Mr. Rattner has looked at it because there are things in here such as steps which were not part of
Mr. Greenbaum (cont'd): the negotiating process. What I negotiated were the terms of the MOUA and not the entire contract. But I am satisfied that those terms are included and I am satisfied from Mr. Rattner's review of the contract that the contract is consistent with what we need to approve.

Mr. Dorsey: Much of what you did negotiate was simply the acceptance of the language that has typically been in the MOTPEA contract. That you didn't negotiate because everybody was essentially accepting those terms so I don't want it to be more confusing as is. You negotiated the substance of this. The form was essentially the form that has always been used.

Mr. Greenbaum: I will agree with that 100%.

President Scapicchio: Mayor, is your Administration satisfied with the language in that contract? Bernie.
Mr. Guenther: I have a comment to make and maybe I am out of line. I am not an attorney and for me to review a document, especially comparing it against a prior document as Mr. Dorsey says a lot of it is just a reiteration of what we had before. What would have been helpful to us would have been possibly to highlight the areas or make note of the areas that were negotiated in a different way from the prior contract. That is what I think Steve is mainly concerned about that what we negotiated that is different from the prior contract has been memorialized.

Mr. Rattner: My original thing, why I just asked to look at it because I guess I have been around for five contracts now. It seems like every single contract in a situation came up after the contract was signed during the course of the contract where a situation would come up that had to be handled a certain way because you said it was in the contract. I just wanted an opportunity to look it over. I didn't go step by step, section by section. But I will tell you exactly what it is that I was concerned about and especially since I questioned it last week. When we were talking about the co-payment on the prescription drugs. On a synopsis I said it didn't make any sense. I think you remember that, the people that are here. I said that the co-pay goes up comes down and then goes back up and I said it didn't make any sense. So naturally that was one of the first places I went to look in the contract. The contract does not have that wording in it. Which means that the synopsis we got was an error, so when you don't have much time to look at it then you just have the question did I look over everything close enough, where there any other errors? I do not believe there were. But there just wasn't much time. I am just asking that they make sure before the Mayor signs it, that one last review. I don't want to hear somewhere down the road next July or in 2004 when a situation comes up, well we forgot to put something in the contract. That has happened before. Not the fault of this Administration, not the fault of this administrator but we have been burned on that before. When I see something that was so obvious as this when I brought it up, you know that it was discussed last week, that I just had a concern and I just want them to look it over again. I agree that we want to get this off the table. The contract expired last December and we have to move with it. The terms in there are what we discussed and we agreed on.

President Scapicchio: Anyone else? Council?

ROLL CALL: Passed Unanimously with the exception of Mr. Perkins and Mrs. Miller, both abstained.

MOTION

1. Bill List.

Mrs. Miller moved for approval of the 22 page Bill List. Mr. Rattner seconded the motion.

President Scapicchio: Council Discussion?

ROLL CALL: Passed Unanimously.

ADMINISTRATIVE MATTERS - TURKEY BROOK PARK PROJECT STATUS

Mayor Licitra: As YOU can see by everybody going up there that there is a green lawn over there and it is making everybody in the Township feel better about the project and feel good about the project so as far as the nuts and bolts of it Cindy had had meetings all week, Jim has worked very very hard to get us to this point and I have had meetings myself with all the sports organizations and they are very pleased with it. I think we are right on track to where we want to be. I am told that you could put sod down now and it will be green in March, I look at the window now and I see it snowing, I look at Jim and Jim says it's good. Anything that he says is good is all right with me. Cindy do you want to add anything?

Mrs. Spencer: Just that GPU has been on site, we expect to have power to test the wells on Monday or Tuesday of next week. Depending on the storm that is blowing through whether or not the irrigation system will be tested tomorrow or moving that off to Thursday. But as the Mayor said three of the soccer fields are sodded, the football field is almost complete and early next week we will have two of the baseball fields and football fields finished. It is moving along.

President Scapicchio: Cindy, I wasn't at the last Turkey Brook Park meeting but I had a conversation with Ron Heymann a few days after that who suggested that there was some discussion on putting the laying the sod off.

Mrs. Spencer: For the sand based fields. We have been informed today that the contractor decided with the landscaper to go ahead. Originally we had been told that the sod for the sand based field is coming from quite a distance away and there was a two week lead time.

President Scapicchio: Was it different sod?

Mrs. Spencer: Yes. It has to meet an 80/20 ratio so that it will root properly in the sand mix. The landscaper that it has been contracted with, they are actually sending their trucks down to pick this stuff up. So they have made the decision that they believe this will work so the risk is on their part.

President Scapicchio Are you happy with that Jim?

Mr. Lynch: If they are willing to try it and it's their nickel.

President Scapicchio: Anything else on Turkey Brook?

Mr. Rattner: That just raised another question, your saying it is on their nickel. What is the performance guarantee when they have to rip it up because it sounds like, their willing to risk it if they have to they'll re do it. What are the risks involved in doing it now?

Mr. Lynch: The only difference between the sand based fields and the regular based fields is the sod that comes in from south Jersey does not have the same quantity of soil protecting the roots. When it's cut, it's a washed sod. They wash the soil out of it. That allows it to establish into the sand based roots much quicker. The danger in that where snow is good for the sod we have down now, it is a slow release of water, sod, will be insulated by snow, everything under it is a constant temperature of 32 degrees. The roots on the sand based field could suffer setbacks if we get an exceptionally cold snap. It's the only concern I have. I am not saying it will kill the field, it may slow down growth potential coming out of dormancy in the Spring. The contractor and Pryslak Sod Farms are willing and their professional judgment are going to lay this and they feel it will work.

Mr. Rattner: If it fails are they responsible to redo it at their cost?

Mr. Lynch: Yes.

Mr. Rattner: Then we don't risk anything.

Mr. Lynch: We are not risking anything. We would see a benefit if the field could be open sooner than if we sodded in the spring. They are willing to take that chance. It is good that they are willing to, if they feel comfortable, then I will let them go with it.

Mrs. Miller: I noticed that we now have trees planted along the road. Are they all the same type. I hope there is a little variety because my problem with street trees that are all the same thing is that if they get diseased or something it wipes them all out.

Mrs. Spencer: Jim will tell you what the varieties are.

Mr. Lynch: Right know we have different maple cultivars, we have white and red oak and we have white ash going on site. There will be other flowering varieties planted in other areas away from the athletic fields so no it's not to draw bees near the children.

Mrs. Miller: I was just concerned about the variety.

Mr. Lynch: We are going to mix it up. There are several different cultivars that will be planted. Some non root flowering and then those three varieties. When we get down to more detailed landscaping there will be more native plants put on site.

Mrs. Miller: Are we planning to do any landscaping in between, there are a couple houses on Sunset that are very close to the fields that didn't have a whole lot of buffer.

Mr. Lynch: They are in the process, this afternoon Galooski Landscaping had pulled their trailer in with trees. They were beginning to excavate up that tree line and put in more trees.

Mr. Greenbaum: I was up there on Saturday and Sunday and a lot of ugly trees. What happens if they don't take? They replace them at their cost?

Mr. Rattner: What is an ugly tree?

Mr. Greenbaum: An ugly tree is something that I don't think is going to make it through the winter and I understand that when you plant trees this time of year, a lot of the time you are planting with out vegetation
Mr. Greenbaum (cont'd): it's hard to tell. I was not overly happy with the way that the trees look for what I perceive they would look like at this time of the year.

Mr. Lynch: Several of the trees that are planted on the Loop Road which are obviously the most visible trees are maples because they have in Public Perception a better candidate and better fall foliage. They are at this point being immature specimens; they look like the sticks that you put the stone in. They will begin to fill out again in the spring and they did introduce soil amendments into the hole where they planted the root hole. I inspected several of the root installs, they were installed in a fashion that I am comfortable with. So I feel the trees have a substantial chance of growing and flourishing in those spots. There will be some that we have to keep an eye on.

Mr. Greenbaum: How long a period do we have to require the landscape contractor to remove dead trees?

Mr. Lynch: I would have to check on that.

Mrs. Miller: They are not Norway Maples by any chance are they?

Mr. Lynch: I don't believe they are Norway.

Mrs. Miller: Those things are so prolific, you don't want those anywhere near a sports field

Mr. Lynch: I think they are Red Maple.

Mrs. Miller: Red Maple sounds good.

Mr. Lynch: I would have to double check the Maple because there were different cultivars.

Mr. Greenbaum: When I was up there on Saturday I happened to be very happy to see Jim up at the field. He was dealing with the problem of flooding on the first soccer field when you come in, in the corner. Jim advised at that point in time that it was as a result of the sodding that had been done and the blocking of I guess the drainage on that field. Are you convinced that situation has been resolved and it is not something more serious?

Mr. Lynch: What actually had happened was over the course of Friday night we received a little over an inch of rain. The contractor took steps to prevent any sedimentation at the pond so he placed a filter fabric over the drains on the loop road. Because there is no turf for no weeds on the loop road to hold the soil in place there was a wash of material that clogged the filter fabric leading to a flood on soccer field number two. I had thought a piece of sod clogged the drain, actually there was a piece of filter fabric over the drain and once that pumped enough water from the field I went out and I took the filter fabric off to expose the drain allowing water to go into the pond. I had prior to that contacted the Business Administrator, Mark DiGennaro, the Mayor was in contact with me. Conte Construction was not available. Their emergency numbers; no one responded. I contacted Pryslak Sod Farms who installed the sod, we developed a plan of action using their plan of action that was recommended, I pumped the fields and then I exposed the drain allowing the water to drain into the pond. Within 20 minutes the field had drained 27 inches of water into the pond so. I am satisfied with the pitch of the fields. The base material of the fields and the construction of the overall project. There is excellent drainage on that site and everything was just done above and beyond to make those fields playable for the Township.

Mr. Greenbaum: Was the sod damaged at all because of the flooding?

Mr. Lynch: No. Because we responded in a timely manner and took the actions we did, the sod will have to be leaf raked with a plastic finger grate. Conte's workers will be doing that. I will be making sure that it is done; Pyslak saw the sod and they feel it is in fine shape.

Mr. Greenbaum: I have to say I was very happy to see you up there and felt great confidence in your ability to get the job done. I commend you on your response.

Mr. Rattner: Jim which soccer field is number two.

Mr. Lynch: That would be the one closest to the loop road and closest to the Seward Mansion. It is not the lowest, it is the next one up.

Mr. Rattner: Two weeks ago, I was up there and actually the Mayor, and Council and Mr. Spino were up there and we noticed that field had high and low spots. This is two weeks ago, there was flooding in two areas. Was that regraded because that was something that we noticed with no sod?
Mr. Lynch: What happened was between that time and before the sod went down, they went out with top soil material, fine graded the fields. Because the fields received so much rain in the past several weeks. In the process of laying the sod, if anyone goes up there now you will see angulations for playing surfaces, in the spring Conte Construction will go out there with a roller and they will roll the field quite similar to rolling asphalt roadways. That will level the playing surface out. That is a common practice in the turf industry. There is no way even with the floatation tires on their tractors when they lay that sod, they are going to create some ruts. They will work those out and the field will be exactly what it was advertised.

Mr. Greenbaum: Are you confident that Wednesday with the expected rain that we are not going to have a flooding condition on that field, that it's been rectified?

Mr. Lynch: No. Actually I have been on site everyday since we have begun sodding and I feel that in passing on a memo to Conte Construction, they are aware of what they have to safeguard and we'll be over there to check on it. We will not let that situation return.

Mrs. Spencer: Just one addition, that Jim may not be aware of because I think he did take time out to go home for dinner tonight but Conte did take into consideration all of his suggestions, they changed the fabric on the drains and they have made sure that the conditions that caused Saturdays flooding have been removed.

President Scapicchio: Okay, Mr. Dorsey tells me there are no legal matters tonight. Cindy you had a comment.

LEGAL MATTERS - NONE

Mrs. Spencer: I just have one announcement. We received the EDA approval for the Budd Lake Fire Department loan that was discussed a couple of weeks ago and I just wanted to advise the Council that the Mayor will be signing just the preliminary documents which will then allow the regular full documents to come back and at that point we will need to introduce an ordinance and at that time we will bring it back officially to Council.

President Scapicchio: Okay great.

Mr. Dorsey: Is this the EDA loan that they got to do the remediation in their parking?

Mrs. Spencer: Yes it is.

Mr. Dorsey: They have already finished that remediation haven't they.

Mrs. Spencer: No, they were short funds; this is actually additional funds to allow them to finish it.

Mr. Dorsey: Oh, additionally.

President Scapicchio: Okay, Council Reports

COUNCIL REPORTS

Mr. Rattner: This Saturday the Lake committee had our semi annual clean up. It was drizzling and we went and did our clean up. Two things that concerned me, one if you remember some time ago there was a complaint that the contractor that put in the storm drains for those new developments damaged some trees or undercut some of the trees. In going through our maintenance we found all that contractor did was wire the tree to the guardrail. Didn't put anymore dirt or anything else where it was cut around so it really wasn't properly done so I would like the engineering department to go out there. Two things. One; the wire they put around the trunk of the tree if it moves is going to cut into it and kill it. Two; they didn't put a little bit of fill behind the tree so where they dug and where eroded nothing happened. They just looked like they sent a couple laborers out with a couple pieces of wire. The other thing that we noticed is that the storm drain, the one that is from the corner, across from the old gas station, you know the one closer to Johnson Road was spilling a lot of mud directly into the lake. There are pictures, we took about seven or eight pictures. Obviously their detention basins are not working. In fact we went up there and the retention basins were empty. So I am wondering what kind of piping, I don't know if they pulled a fast one or something but there was a constant stream and there are pictures of brown just coming right in right out of there. We couldn't figure out where it was coming from.

Mayor Licitra: Is there run off from anything?

Mr. Rattner: Run off from what came out of the storm drain. Run off is supposed to go into the detention basin where the solids settle and that wasn't happening which means it sounds like they shortcut in a couple places. But we do have the pictures, it looks like it is not being done properly.

Mayor Licitra: We will get on it.

Mrs. Spencer: When do you expect the pictures?

Mr. Rattner: They are digital; we had trouble with the printer earlier, so it's just a matter of printing them.

Mrs. Spencer: Okay.

Mr. Rattner: So we will get you a picture in the next day or two.

Planning Board Report

Rob Greenbaum: Planning Board met last Thursday, I was not able to attend because I had back to school night and if I didn't go my wife was going to kill me. But they discussed Woodfield Estates with regard to the deck issue, my understanding is that has been resolved. We have an ordinance which we will be addressing at some future point which also deals with that issue. The deck issue was whether or not the deck was to be considered in the setback whether or not it was an auxiliary structure or if it was to be considered part of building envelope.

Mr. Greenbaum: It was considered and I think that it was resolved at the Planning Board level in terms of agreement between the Planning Board and the developer. Also discussed at length I think was Gen III. That did not go to a vote as far as I know.

Mayor Licitra: No.

Mr. Greenbaum: Rezamir was supposed to be on but was carried because I guess of the length of the Gen III application.

Mayor Licitra: The Gen III lasted until about 11:00 or so.

Mr. Greenbaum: Those were really the only matters that were discussed from my understanding.

President Scapicchio: Thanks Rob.

Pride Committee Report

Ray Perkins: The Pride Committee had a meeting, discussed some of the open issues that are out with some of the property maintenance, looked at some of the banners, they are redoing the budgets as well as looking at next years budget to how to reduce it by the mandatory 10 percent. I'll be working together with Marilyn Ryan out of the Administration Department trying to get a handle on and get a few extra things done.

Board of Health - No report

Library Board Report

Charlene Miller: I still have tickets if anybody needs tickets to the Library Gala this weekend.

Recreation Committee - No report

Legislative Committee - No report

President Scapicchio: Most of the Council members remember Bob Bergmann and I just wanted to let everyone know that I received a phone call the other night and Bob has been battling brain cancer and he went into a coma over the weekend and passed away on Sunday and there will be a memorial service probably on November 9, 2002. Bernie and I planned to attend down in Virginia. I just thought everyone should know that.

PUBLIC PORTION - NONE

COUNCIL COMMENTS

Mrs. Miller: I noticed at the school bus garage they are trying to extend a parking lot and one of our mechanics is using a very small piece of equipment and he started going back and forth. Couldn't we do something with our shared services to help them. If we have any road crews or maybe larger equipment to help them extend that parking lot. It is desperately needed and right now there has been three piles of topsoil
sitting on it. This is the school bus drivers' parking lot behind the middle school. I guess they have gotten busy now repairing buses. Nothing has been done and it just seems to me that they just don't have the equipment to do it properly. I was wondering if maybe somebody could share some shared services and help them out a little bit. They look like they are really struggling with it. I know that they probably didn't know that they could ask for help but I am sure that maybe we could share some services.

Mayor Licitra: Steve Sluka and Jim have a very good relationship and if he needed it he would probably reach out to Jim.

Mr. Lynch: I will contact him.

Mrs. Miller: It looks like they are really struggling and I am not even sure if it is being done properly. I think that they could use some input from our Township. I would appreciate it.

ADJOURNMENT

Motion made for adjournment. All in Favor, none opposed. The Meeting was Adjourned at 7:13 pm

_______________________
DAVID SCAPICCHIO
Council President

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

________________________
LISA M. LASHWAY
Mount Olive Township Clerk

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