Old Bridge Township, New Jersey - April 24, 2006 Minutes

A Combined Meeting of the Township Council of the Township of Old Bridge was held on April 24, 2006 in the Municipal Complex. The meeting was called to order at 7:32 p.m. by President Gillespie, who invited all to participate in a salute to the flag which was followed by a short prayer.

Moment of Silence.

President Gillespie requested a moment of silence for the Armed Services serving in Iraq.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Monday, May 1, 2006 at 7:30 p.m. in the municipal complex.

Roll call by Deputy Clerk Ward showed the following answering present:

Councilmen Baker, Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.

Certificates.

Mayor James Phillips presented certificates of excellence to student participants of the McDivitt School Environmental Club for the efforts and contribution to recycling.

Minutes.

RESOLUTION NO. 155-06
APPROVING MINUTES

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:

the following minutes are hereby approved:

February 27, 2006 Combined
March 13, 2006 Regular
March 20, 2006 Executive

Moved by President Gillespie, seconded by Councilman Maher and so ordered on the following roll call vote:

AYES: Councilmen Baker, Butler, Calogera, Greene, Maher, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

ABSENT PODIUM: Councilman Testino.

Bill List.

RESOLUTION NO. 156-06
BILL LIST

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:

WHEREAS, the Business Administrator has the responsibility of approving all vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

WHEREAS, the finance committee of the Township Council has satisfied themselves in respect to the bill listing of April 24, 2006 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of April 24, 2006 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the finance committee be spread on the minutes in the amount of $20,353,886.64 (Accounts Payable).

Moved by Councilman Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:

AYES: Councilmen Baker, Butler, Calogera, Greene, Maher, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

ABSENT PODIUM: Councilman Testino.

RESOLUTION NO. 157-06
BILL LIST

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:

WHEREAS, the Business Administrator has the responsibility of approving all vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

Moved by Councilman Butler, seconded by Councilman Baker and so ordered on the following roll call vote:

AYES: Councilmen Baker, Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

RESOLUTION NO. 158-06
BILL LIST

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:

WHEREAS, the Business Administrator has the responsibility of approving all vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

Moved by Councilman Butler, seconded by Councilman Baker and so ordered on the following roll call vote:

AYES: Councilmen Baker, Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

Prior to the roll call vote the following discussion took place.

Councilman Greene inquired about the public safety civilian overtime ($7,500).

Mr. Jacobs explained that this overtime was incurred by civilian police personnel during the time the main entrance to the municipal building was closed for renovation, and that coverage had to be provided twenty-four hours a day to those who may be in need of assistance.

Chief Collow stated that maintaining twenty-four hours access to the police department was crucial and that the only door available was through the records bureau.

Councilwoman Panos requested a confirmation that the Clean Shores Grant was used for overtime.

Mr. Shah stated that although he did not have the supporting documents, the grant was being used for employees overtime which is a chargeable expense to the grant. He promised a detailed explanation of the overtime including who received it.

Preliminary public comment.

Mr. Sewald addressed the council with respect to the Board of Education budget.

Mr. Dougherty outlined the dangers of the use of dirt bikes and ATV’s behind his home at the Global Landfill Superfund Site.

Attorney Convery stated that according to correspondence he has received the landfill was closing. Although the landfill has been locked, vandals continue to use the area. Trespassing is an enforcement problem because this area is private property.

Ms. Seiler expressed her objection to upgrading employee retirement health benefits and also to the bestowing of a 2.5% to 3% increase to two department heads to act as business administrator during the absence of Mr. Jacobs since the position of assistant business administrator had been created.

Hearing.

1. BP release/reduction of performance guarantee.

President Gillespie recommended postponing the hearing for an indefinite time period requesting a renotice.

Attorney Convery agreed with this action. He explained that an out of state agency was acting on behalf of the applicant, and that it was obvious that they were not ready to proceed. His recommendation was to take no action.

Ordinance for Second Reading.

TABLED

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 11-2006

ORDINANCE REPEALING ORDINANCE #52-01 REQUIRING POSTING OF NOTICE OF DEVELOPMENT APPLICATION ON PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION

WHEREAS, Township Ordinance #52-01 amended the Land Development Code of the Township of Old Bridge to provide that upon the filing of an application of development an applicant must post a notice of development application on the property for which development has been proposed; and

WHEREAS, the Appellate Division, in the matter of New York SMSA Limited Partnership vs. Township Council of the Township of Edison,382 NJ Super 541 (App Div. 2006) recently determined that an ordinance that required the posting of a free standing sign on the Applicant's property violated the Municipal Land Use Law;

NOW, THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Ordinance No. 52-01 is hereby declared ulta vires and is repealed pursuant to the recent Appellate division decision.

Moved to table by Councilman Testino, seconded by Councilman Greene and so ordered on the following roll call vote:

AYES: Councilmen Baker, Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

Subsequent to the roll call vote the following discussion took place.

Councilman Calogera inquired whether signage in a right of way or easement would be allowed.

Attorney Convery stated that he did not have an answer, but that a resolution was slated to be adopted supporting state litigation allowing for sign posting and a charge to the developer.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 12-2006

ORDINANCE AMENDING CHAPTER 5, ADMINISTRATION AND GOVERNMENT BY AMENDING SECTION 5-92 (B), ENTITLED RECREATION COMMITTEE OF THE CODE OF THE TOWNSHIP OLD BRIDGE

BE IT ORDAINED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that Chapter 5, Administration and Government Section 5-92(B) is hereby amended as follows:

SECTION 1 PURPOSE

This Ordinance is enacted in order to amend Chapter 5, Administration and Government, Section 5-92 (B) Recreation Committee to appoint two associate members from Old Bridge High School.

SECTION 2 Section 5-92(B) Recreation Committee is hereby amended to read as follows:

B. There shall be two associate members of the Recreation Committee who shall be students at the township high school. The Mayor shall appoint two associate members from Old Bridge High School. Associate members shall serve one year terms without compensation and shall be non-voting members of said Committee.

SECTION 3 INCONSISTENT ORDINANCES

All Ordinances or parts of Ordinances inconsistent with or in conflict with this Ordinance are hereby repealed to the extent of such inconsistency.

SECTION 4 PARTIAL INVALIDITY

If any section, paragraph, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged and the remainder shall be deemed valid and effective.

SECTION 5 EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set forth at N.J.S.A.40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the member of the Council vote in favor of such resolution.

Moved by Councilman Volkert, seconded by Councilman Testino and so ordered on the following roll call vote:

AYES: Councilmen Baker, Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 13-2006

ORDINANCE AMENDING CHAPTER 5, ADMINISTRATION AND GOVERNMENT BY AMENDING SECTION 5-198, ENTITLED CULTURAL ARTS COMMITTEE OF THE CODE OF THE TOWNSHIP OLD BRIDGE

BE IT ORDAINED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that Chapter 5, Administration and Government Section 5-198 is hereby amended as follows:

SECTION 1 PURPOSE

This Ordinance is enacted in order to amend Chapter 5, Administration and Government, Section 5-198 Cultural Arts Committee to increase membership on the Committee.

SECTION 2 Section 5-198 Composition; Appointment; Terms is hereby amended to read as follows:

The Cultural Arts Committee shall consist of nine members to be appointed by the Mayor for staggered terms of three years each.

SECTION 3 INCONSISTENT ORDINANCES

All Ordinances or parts of Ordinances inconsistent with or in conflict with this Ordinance are hereby repealed to the extent of such inconsistency.

SECTION 4 PARTIAL INVALIDITY

SECTION 5 EFFECTIVE DATE

B. If the Mayor vetoes the Ordinance (in the manner set forth at N.J.S.A.40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

Moved by Councilman Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:

AYES: Councilmen Baker, Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 14-2006

ORDINANCE OF THE TOWNSHIP OLD BRIDGE ADOPTING A REDEVELOPMENT PLAN FOR THE OLD BRIDGE TOWNSHIP GOLF COURSE.

BE IT ORDAINED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows:

WHEREAS, the Township Council of the Township of Old Bridge ("Township Council"), pursuant to N.J.S.A.40A:12A-4, determined, by Resolution #502-05, dated November 21, 2005, to cause a preliminary investigation to be made and requested for the Planning Board of the Township of Old Bridge ("Planning Board") to hold a public hearing as to whether the property known as Rose & Lambertson Farm and adjacent Township property is an area in need of redevelopment in accordance with N.J.S.A. 40A:12A; and

WHEREAS, the Planning Board, after considering the report of the Township Planner, and finding evidence of the criteria set forth in N.J.S.A. 40A:12A-5 based on the procedures set forth in N.J.S.A. 40A:12A-6 recommended that the subject property qualifies as a Redevelopment area in accordance with N.J.S.A. 40A:12A-6; and

WHEREAS, the Township Council of the Township of Old Bridge by Resolution #49-06, dated January 9, 2006 determined that the Rose Farm, Lambertson Farm, and adjacent 9.96 acre municipal parcel are areas in need of redevelopment in accordance with N.J.S.A. 40A:12-5; and

WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-7, provides for the redevelopment of areas in need of redevelopment to be undertaken in accordance with a redevelopment plan, and

WHEREAS, the Township Council, pursuant to N.J.S.A. 40A:12A-4(a)(3), is empowered to adopt a redevelopment plan to regulate development within an area determined to be in need of redevelopment; and

WHEREAS, Old Bridge Township caused a redevelopment plan entitled "The Lambertson Tract, Rose Tract and A Certain Adjoining Lot Redevelopment Plan for 218 Acres", ( the Redevelopment Plan"), to be prepared for the area for consideration by the Township Council; and

WHEREAS, the Township Council, by Resolution #91-06 dated February 27, 2006, preliminarily reviewed the Redevelopment Plan, and referred it to the Planning Board for its review and recommendation; and

WHEREAS, on April 4, 2006, Old Bridge Planning Board reviewed the "Redevelopment Plan" dated March 27, 2006, and recommends that it be adopted by the Township Council.

NOW, THEREFORE BE IT ORDAINED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the Redevelopment Plan dated March 27, 2006, entitled "The Lambertson Tract, Rose Tract and a Certain Adjoining Lot Redevelopment Plan for 218 Acres" on file with the Township Clerk is hereby adopted as the Redevelopment Plan for the Old Bridge Golf Course Property in the Township of Old Bridge.

INCONSISTENT ORDINANCES

All Ordinances or parts of Ordinances inconsistent with or in conflict with this Ordinance are hereby repealed to the extent of such inconsistency.

PARTIAL INVALIDITY

EFFECTIVE DATE

B. If the Mayor vetoes the Ordinance (in the manner set forth at N.J.S.A.40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:

AYES: Councilmen Baker, Butler, Calogera, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

ABSTAIN: Councilman Greene.

Prior to the roll call vote President Gillespie opened a public portion.

Ms. Seiler offered her opinion about traffic patterns in the area of the proposed golf course; inquired who would be responsible for realignment, etc. and movement of utilities, if necessary; and expressed her concern about the future of the farmhouse as well as any easements which may be necessary.

Attorney Convery stated that the current redevelopment plan was reviewed by administration prior to coming before council. He explained that traffic calming devices would be probable to ensure the safety of golfers, and that if the farmhouse were salvageable, the golf course company would have to pay for its use. He further stated that the Township of Old Bridge owns a piece of property adjacent to the golf course with access to Rt. 516 and therefore, better to have an easement for construction trucks to exit on to Rt. 516 rather than Lambertson Road. He knows of no discussion about moving utilities.

Councilman Calogera asked for confirmation that the council would have an opportunity to negotiate the foregoing items at the signing of the lease agreement.

President Gillespie assured Councilman Calogera that actions would have to be taken separately. Explained that moving utilities would be an additional item of negotiation, but does not “saddle” the utility company with the cost.

Councilwoman Panos had grave concerns about the preservation of the farmhouse.

President Gillespie stated that it was his intention to preserve the farm house, but questioned the intentions of the planning board.

Attorney Convery stated that administration’s idea was preservation because the golf course wraps around it with the buildings being used for various purposes; however, the golf course company was not of the same opinion. It will be up to the Township of Old Bridge to determine if the farmhouse can be restored and to what extent, and if so, it would be incorporated into the golf course plan with their paying the Township of Old Bridge for the use of the building.

Councilwoman Panos inquired who will decide the use of the farmhouse.

Attorney Convery stated that the Township Council could prepare a lease for the use of the property and the buildings thereon. The redevelopment agency will enter into a redeveloper agreement which is another opportunity to define the use of the building and the costs incurred therefor.

Councilwoman Panos asked for confirmation that the Township Council has the final say as to the restoration and use of the farmhouse.

President Gillespie stated that this was an item of negotiation which will come back in the redeveloper’s agreement.

Councilman Greene stated that since the farmhouse had been vacant since 2002, waiting any longer could cause difficulties in restoration and encouraged the Township of Old Bridge to make a decision as to whether or not to save it.

Councilman Testino thanked all those involved in the creation of the redevelopment plan and explained that the shaping of the golf course redevelopment plan, including the negotiating of a lease, would take time

Councilman Butler expressed his desire to keep the plan moving along to the creation of a golf course.

Councilman Calogera requested a full disclosure of the amount of taxpayers’ dollars to be expended for this project.

Councilman Testino stated the amount of tax dollars expected to be spent on this project would be minimal compared to the amount the developer will be spending.

President Gillespie emphasized that the impending vote was for the “plan” for the use of the property only and that there were many steps that have to be taken before the entire plan takes shape.

Councilwoman Panos expressed her concern with preserving the farm as an historical site.

Councilman Testino noted that Mayor Cannon performed a land swap to facilitate the building of the golf course.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 15-2006

AN ORDINANCE ESTABLISHING MUNICIPAL REGULATIONS GOVERNING THE MAINTENANCE OF RETENTION, DETENTION AND RECHARGE BASINS

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:

Section 1. Purpose

This Ordinance establishes municipal regulations governing the maintenance and upkeep of retention, detention and recharge basins in the Township of Old Bridge.

Section 2. Definitions

As used in this article, the following terms shall have the meanings indicated:

DETENTION BASIN – A man-made or natural water collection facility designed to collect surface water and sub-surface water in order to impede its flow and to release the same gradually into natural or man-made outlets at a controlled rate consistent with sound downstream stormwater management practices.

RETENTION BASIN – A pond, pool or basin used for the permanent storage of water.

RECHARGE BASIN – A basin used to recharge surface and sub-surface water.

OWNER – Any owner of record, including any person, group of persons, firm, association, homeowner’s association or corporation owning property containing a retention, detention, or recharge basin located within the Township of Old Bridge.

RESPONSIBLE PARTY – Any person, group of persons, firm, association, homeowner’s association or corporation that receives a benefit from a retention, detention or recharge basin located within the Township of Old Bridge.

Section 3. Unlawful to Allow Growth Above Certain Height.

It shall be unlawful for any owner or responsible party to permit any debris, grass or weeds or other vegetation whatsoever to grow higher than ten (10) inches from the ground in, on or around any retention, detention or recharge basin on property owned or benefited by such person, group of persons, firm, association, homeowner’s association or corporation within the Township of Old Bridge.

This section does not apply to mature trees or detention or recharge basins which are designed to grow into natural wetlands.

Section 4. Charge for Mowing by the Township of Old Bridge.

When the Township of Old Bridge is required for health and safety reasons under this ordinance to mow or remove debris from a detention, retention or recharge basin on private property, or when the Township of Old Bridge is requested by the owner or responsible party to mow or remove debris from a detention or retention basin on private property in the Township, the following cost shall be assessed as a lien on the property:

1. Mowing and/or weeding - $100.00 per hour with a $100.00 minimum
2. Removal of trash and debris as needed - $100.00 per hour with a $100.00 minimum
3. Administrative charge - $50.00 per occurrence

Section 5. Notice of Violation

In case owner or responsible party shall fail to keep such basin cut to the height above mentioned and free of debris, the township engineer or his designee shall serve a notice on such owner or responsible party ordering the same be done within then (10) days from the date of such notice.

Section 6. Action to Correct Violation; Recover of Costs.

Should the owner or responsible party receiving any such notice refuse or neglect to cut the grass, weeds or remove the debris from the retention or detention basin within the time provided above, the Township Engineer or his designee may provide for the cutting or debris removal from the basin by and under his direction. In such case, the Township Engineer certifies the cost thereof to be charged against the lands, which shall become a lien upon such lands, added to and becoming part of the taxes next to be assessed and levied upon such lands and shall bear interest at the same rate as other taxes and shall be collected and enforced in the same manner as taxes.

If the basin is located on property not owned by an owner of record as defined herein, then said costs shall be charged on a pro rata basis against all responsible parties who benefit from the basin and its use and shall become a lien on the property or properties of the owner(s) so benefited in he manner noted above.

Section 7. Inspection to Determine Continuing Compliance.

The township engineer or his designee shall periodically inspect the basins within the Township of Old Bridge to determine continuing compliance with this ordinance.

Section 8. Maintenance of Retention, Detention or Recharge Basins; Violations Declared Nuisance; Penalty

Any owner or responsible party violating any of the provisions of this ordinance shall be guilty of maintaining a nuisance and upon conviction thereof before any court of competent jurisdiction shall be fined no less than $100.00 nor more than $500.00 and costs. Each day that such nuisance is maintained shall constitute a separate offense.

Section 9. Inconsistent Ordinances.

All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency.

Section 10. Partial Invalidity.

If any section, paragraph, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged and the remainder shall be deemed valid and effective.

Section 11 Effective Date.

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Township Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40A:69A-41), this Ordinance shall become effective upon the Township Council’s vote to override the Mayor’s veto.

Moved by Councilman Baker, seconded by Councilman Butler and so ordered on the following roll call vote:

AYES: Councilmen Baker, Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

Ordinance for First Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 16-2006

AN ORDINANCE AMENDING CHAPTER 5, ADMINISTRATION AND GOVERNMENT, ARTICLE XIII DEPARTMENT OF POLICE, SECTIONS 5-94 TO 5-109 OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that chapter 5, Administration and Government, Article XIII Department of Police, Section 5-94 to 5-109 are hereby amended as follows:

Section 1. Purpose

This Ordinance is enacted in order to amend chapter 5, Administration and Government, Article XIII Department of Police, Sections 5-94 to 5-109 to correct a nomenclature error which occurred during codification.

Section 2. Section 5-94(B) Table of Organization is hereby amended as follows: