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OLD BRIDGE TOWNSHIP COUNCIL AGENDA MEETING
April 3, 2006
An Agenda Meeting of the Township Council of the Township of Old Bridge was held on April 3,2006 at the George Bush Senior Center in the Municipal Complex. The meeting was called to order by President Gillespie who asked all present to participate in a salute to the flag which was followed by a short prayer. He asked for a moment of silence for our soldiers and sailors.
Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act. Notice has been given to the newspaper and notice of the meeting has been posted in public places. Next open public meeting of the Council will be held on April 20, 2006 at 7:30 p.m.
Roll call at 7:30 p.m. by Deputy Clerk Stella Ward showed the following members present: Councilmen Baker, Butler, Calogera, Greene, Testino, Volkert, President Gillespie. Councilman Maher and Councilwoman Panos arrived at 7:37 p.m.
ACTION ITEM
AI-1 Resolution for 2006 Municipal Alliance Agreement for Alcoholism and Drug Abuse.
Councilman Greene questioned whether this is a Township program or if it’s within the schools.
Tom Badcock explained that it’s a Township program. He stated that there are various types of activities, fundraisers, etc. to keep them away from the influences of dependent drugs.
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY FOR A 2006 GRANT FOR THE MUNICIPAL
ALLIANCE PROGRAM RESOLUTION #129
WHEREAS, the County of Middlesex has received a grant from the State to provide the sum of $54,133.00 to the Township of Old Bridge to be used for alcoholism and drug abuse prevention and education services provided by the Municipal Alliance programs; and
WHEREAS, the county of Middlesex grant will be used as follows: $53,533.00 to be used for related municipal alliance related activities and $600.00 to be used for municipal alliance training activities.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the execution of the agreement with the County of Middlesex and the Township of Old Bridge is hereby authorized; and
BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign any and all documents necessary to effectuate the terms of this agreement as may be approved in form by the Township Attorney.
Moved by Councilman Butler, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Butler, Calogera, Greene, Volkert, President Gillespie
ABSTAIN: Councilman Testino
ABSENT: Councilman Maher, Councilwoman Panos
NAYS: None
APPROVAL OF MINUTES
March 6, 2006 – Executive Session
HEARINGS ( 4/10/06 )
H-1 Release/Reduction Performance Guarantee Bonim Associates/Ochard Hill (Application #25-99P Block 1000 Lot 10 – Block 10259.28 Lot 20)
H-2 Release/Reduction Performance Guarantee Sanjiv Kanwar d/b/a KFC Restaurant. (Application #86-03P Block 9000 Lot 36)
H-3 Release/Reduction Performance Guarantee Penrose Properties (Application #19-032)
H-4 Release/Reduction Performance Guarantee Old Bridge Funeral Home. (Application #126-00P)
Councilman Calogera asked about the status of the drainage problems.
President Gillespie stated that that is addressed in the documents that are attached.
ORDINANCES FOR SECOND
READING
ORD. #07-2006 Providing for the installation and operation of a traffic signal control at the intersection of Route 516 and Owens Road, Old Bridge, N.J.
Moved Up.
ORD.#08-2006 Providing for the installation and operation of a traffic control signal at the intersection of Route 516 and Gaub Road, Old Bridge, N.J.
Moved Up.
ORD.#09-2006 Amending Section 351.11 of the Code of the Township of Old Bridge Concerning paid health benefits for certain retirees.
Councilman Maher stated he would like to see some sort of financial overview on this.
President Gillespie stated that perhaps the labor attorney could tell us what our potential exposure for damages could be if we fail to act on this.
H. Shah: Inaudible
Councilman Greene stated that he doesn’t feel that someone with 15 years of continuous service should be able to retire at age 65 with health benefits.
President Gillespie stated that all things that we’re doing in this ordinance are all things that are contemplated by State law. He further states we couldn’t offer these benefits unless the law allowed us to; we are bound by State law.
Councilman Volkert asked who has the 15 yrs.at 62 other than the PBA.
Councilman Baker suggested having the written word of the labor counsel to hand out to Council before the next meeting.
ORD.#10-2006 Amending Chapter 10 Traffic Section 10-19 Handicapped Parking of the Code of the Township of Old Bridge (amended section 10-19.3 by omitting the words “Police Department”).
Moved Up
DISCUSSION ORDINANCES
DO-1 Ordinance repealing Ordinance 52-01 requiring posting of Notice of Development Application on property which is the subject application.
Councilman Calogera questioned the reason for this ordinance and who put it on.
President Gillespie stated that it was put on by Attorney Convery and that Mr. Convery will explain it.
Attorney Convery stated that in a recent Appellate Division case confirming a decision in Middlesex County that the notice requirements of the municipal land use law are exclusive and controlling. A town can’t tell someone you have to give notice to people within 300 feet, the State law is 200 feet. The town in question, said as we do, you have to put a sign on your property advising people that there is a site plan or a subdivision application pending. Specifically the Appellate Division states you cannot do that. A municipality cannot add to the notice requirement by requiring a developer to put an actual sign on his property. He further stated that it is clear from this case that it is no longer permissible and therefore beyond our authority as a municipality to do it. He stated there were calls from developers immediately after this opinion came out. They felt it was improper for the town to require the sign. He further stated that he was in agreement that interpretation of the law that it goes beyond what’s permitted under the municipal land use law and therefore we have to repeal the ordinance that put that in place.
Councilman Calogera stated he was very dissatisfied with the decision on the part of the Judges in taking that action the way they did. He further stated it is a callous disregard for residents’ right to know what is going on in their community.
Councilwoman Panos had questions about the developer putting up the sign on the property and suggested the town putting up the sign and notifying the residents.
Attorney Convery said he would look into it because there are a few questions---one is up until now the developer was being charged to do it (about $500.00) and whether or not the developer would give their consent to go on their property. He said he would get a copy of the decision which comes out of the Township of Edison and is very recent decision.
Councilman Calogera asked Attorney Convery to check into exercising our rights within within the right of way and easement areas.
DO-2 Ordinance Amending Chapter 5 Administration and Government by amending Section 5-92 (B) Recreation Committee (This ordinance amends section 5-92B to reflect that the two associate members shall be appointed from Old Bridge High School by the Mayor (Deleting reference to Cedar Ridge High School and Old Bridge Central High School)
President Gillespie stated that this is a name change only.
Moved Up
DO-3 Ordinance amending Chapter 5 Administration and Government by amending Sections 5-198 and 5-199 regarding the Cultural Arts Committee by increasing its membership from 7 to 9 members.
Moved Up
DO-4 Ordinance adopting a Redevelopment Plan for the Old Bridge Township Municipal Golf Course.
Attorney Convery stated basically what this does is for first reading you’re putting in place the redevelopment plan for the Lambertson Tract, Rose Tract and adjoining 9.96 acres. He further stated that the planning board is reviewing this tomorrow evening and it has been reviewed by Sam Rizzo who has approved of the plan that has been submitted.
If they approve it and send it back to Council, Council would be in a position to put it up for first reading on April 10th and then at the following meeting there would be a public hearing and if everyone is satisfied it can go forward. He further stated that administration has been meeting with proposed developers to try to keep the process moving. They are concerned about financing and don’t want this to languish. He believes it would be prudent to leave this on the agenda and if the planning board acts favorably and if the Township Council members are satisfied it can be introduced for first reading.
Councilman Testino thanked Mr. Convery, and Mr. Badcock for working so hard on this the last couple of months. He further stated that he agrees with Mr. Convery to keep the pressure forward and let’s get this golf course developed.
CONSENT AGENDA
President Gillespie stated that the Consent Agenda items #C10 – #C16 have blanks that will have to be filled in. He further stated that the work necessary for Council to award these contracts will be completed by the time of the next meeting and all the information will be placed in Council packets on Friday so Council will be in a position to act on these on Monday.
C-1 Resolution for Funmania 2006 License Renewal.
C-2 Resolution to cancel real estate taxes and refund payment for a 100% Disabled Veteran, Allen Homan, 611 Greenwood Ave. Block 25 Lot 611. (Amount Canceled $4,635.43; Amount Refunded $3,786.14)
C-3 Resolution to cancel real estate taxes and refund payment for a 100% Disabled Veteran, Richard Mandriota, 23 Disbrow Road – Block 3236.29 Lot 7. (Amount Canceled $7,219.55; Amount Refunded $5,293.95
C-4 Resolution to cancel appropriation and receivable balances for the Protective Equipment Grant in the amount of $777.95 for Appropriation and 4777.95 for Receivable
C-5 Resolution to cancel appropriation balance for Special Legislative – Police Equipment Grant in the amount of $1,200.00 for Appropriation.
C-6 A resolution approving participation with the State of New Jersey in a Safe andSecure Communities Program grant administered by the Division of Criminal Justice – Department of Law and Public Safety.
C-7 A resolution awarding Contract #2006-09 in the amount of $34,364.00 to Schoor DePalma to conduct a needs assessment and develop a strategic plan for the Township of Old Bridge’s Archives and Records Management System as outlined in the Phase I PARIS Grant Proposal approved for funding on March 16, 2006 at the State Records Committee Meeting.
C-8 Resolution authorizing the Jerome J. Convery, Township Attorney, to enter into Negotiation for the sale of Block 3230, Lots 46, 47, 48, 49, 52, 55, 57 and 58 to NJDEP (Cheesequake State Park) for not less than $107,960.00.
Councilman Maher stated he saw that Attorney Convery sent a note to the Tax Assessor with respect to this item. He questioned whether or not the Tax Assessor got back to him with the market value of those lots.
Attorney Convery stated that he wasn’t given the market value, he was given the assessed value but they have been discussing what a reasonable market value might be.
C-9 Resolution to award Contract #2006-25 Mannino Park Phase I Environmental to Remington, Vernick & Vena Engineers in the amount of $4,500.00. (CERT.# ) (AFFIRM. ACT.)
Councilwoman Panos stated that she feels it is not enough time to review the material and call anyone if she has questions.
President Gillespie stated that the descriptions state what the contracts are being awarded for.
Councilwoman Panos stated it would be better to put in what the contract actually is.
President Gillespie stated that we are going through the new Fair & Open Process and we are trying to abide by that process.
Councilwoman Panos stated that it bothers her the most that she doesn’t know what the contract is for.
Attorney Convery pointed out that it is the same with all the boards, they choose their own professionals. He further stated that what the Township Council does is approve the contract. Basically the Council is reviewing contracts for professionals that are being chosen to work for the planning board and/or the zoning board.
President Gillespie suggested going through the list.
C-10 Resolution to award Contract #2006-27 On Call Professional Engineering Consultant Services to in the amount of $ (CERT.# )(AFFIRM. ACT.) The Fair & Open Process was utilized in developing the recommendation for this contract.
President Gillespie stated he presumes this is for both boards.
M. Jacobs, Administrator stated it is for General Engineering Services for the Township. He further stated it could be for anything from inspection services to special projects. They will list several that qualify. This is to solicit qualifications for qualified engineers. We’re going to qualify certain engineers based on the qualifications.
Councilman Calogera questioned if this will be done on an hourly rate.
M.Jacobs, Administrator stated most of them would not be, possibly some minor miscellaneous ones would be at an hourly rate. The Town would get quotes for bigger projects and it would all come back to Council to award the money. This is to qualify, to go through the Fair & Open Process to qualify the engineer and make sure they didn’t give contributions in violation of our ordinance.
Councilman Testino stated that this is now a common practice throughout the State, to pre-qualify and feels it is a good practice.
C-11 Resolution to award Contract #2006-28 Consulting Engineer to in the amount of $ (CERT.# )(AFFIRM. ACT.) The Fair & Open Process was utilized in developing the recommendation for this contract.
M. Jacobs, Administrator stated that C-11 through C-16 are all Board related.
C-12 Resolution to award Contract #2006-29 Consulting Traffic Engineer to in the amount of $ (CERT.# ) (AFFIRM. ACT.) The Fair & Open Process was utilized in developing the recommendation for this contract.
C-13 Resolution to award Contract #2006-30 Planning Board Attorney to in the amount of $ (CERT.# )(AFFIRM. ACT.)The Fair & Open Process was utilized in developing the recommendation for this contract.
C-14 Resolution to award Contract #2006-31 Professional Planner to in the amount of $ (CERT.# ) (AFFIRM.ACT.) The Fair & Open Process was utilized in developing the recommendation for this contract.
C-15 Resolution to award Contract #2006-32 Zoning Board Attorney to in the amount of $ (CERT.# )(AFFIRM. ACT.) The Fair & Open Process was utilized in developing the recommendation for this contract.
C-16 Resolution to award Contract #2006-33 Professional Consulting Services to in the amount of $ (CERT.# )(AFFIRM. ACT.) The Fair & Open Process was utilized in developg the recommendation for this contract.
President Gillespie questioned what is the Professional Consulting Service?
M. Jacobs stated C-16 is the COAH project.
C-17 Resolution to award Professional Service Contract #2006-20 for the Construction Administration & Geotechnical Services of the Exterior Concrete Stairs at Old Bridge High School & Geick Park to Spiezle Group, Inc., in the amount of $14,700.00.(CERT.# ) (AFFIRM.ACT.) The Fair & Open Process was utilized in developing the recommendation for this contract. No proposals were received, so the staff negotiated this proposal with the Architect who designed the improvements being inspected.
Councilman Greene questioned if this is Township property or Board of Ed. property.
Mayor Phillips stated that this is Township property, it’s a Township park, fields.
C-18 Change Order (.81%) for Contract #2005-28 Rebid Renovations/Improvements to the Old Bridge Township Thomas J. English Administration Building and the Richard Allen Cooper Civic Center Nunc ProTunc for framing at the police booking room window 9 night demolition and perforated screening to Tri-Form Construction in the amount of $2,992.96. (CERT.# ) (AFFIRM. ACT.)
C-19 Change Order (5.81%) for Contract #2005-28 Rebid Renovations/Improvements to the Old Bridge Township Thomas J.English Administration Building and the Richard Allen Cooper/Civic Center to Tri-Form in the amount of $21,436.00. (Both C-18 & C-19 Change Orders total a percentage of 6.62%) (CERT.# ) (AFFIRM. ACT.)
C-20 Bingo/Raffle RA64-06 St. Thomas H/S Association RA65-06 St. Thomas H/S Association
C-21 Resolution to award Contract #2006-04 for the Old Bridge Ice Arena Parking Lot Drainage Improvements and Resurfacing to Defino Contracting Company in the amount of $98,428.00. (CERT.# ) (AFFIRM.ACT.)
Councilman Maher asked M. Jacobs, administrator, if there is a grant or Green Acre funding we could do for this other than Township money.
T. Badcock stated he doesn’t know how much we would get for the parking lot even though it is Green Acres. He states he has never seen where a municipality would get multiple funds from Green Acres within the same calendar year.
C-22 Resolution approving Change Order #2 (Final) for Contract #2005-06 for Improvements to Cindy Street to adjust the contract amount from $482,675.00(Previous change order) #1 to $474,189.90 a reduction of $8,485.10 (1.8%). The original contract amount is 4470,450.00 and this Change Order represents an increase of 0.8% from the original contract amount.
C-23 Resolution approving Change Order #1 for Contract #2005-36 for Municipal Complex Sidewalk Improvements to adjust the contract amount from 475,388.75 to $69,866.75 a reduction of $5,522.00 (7.32%)
President Gillespie opened the public portion.
Linda Seiler stated that she never received an answer to her question about the Ethics committee that she asked at the last meeting. She spoke about Health Benefits which she feels aren’t an entitlement. She feels that just because bargaining units get it management employees shouldn’t get it. She doesn’t approve of making exceptions for people. She cited that Lucent has dropped the family plan and allows employees to buy in on the group rate. She doesn’t understand why health benefits were discussed with an attorney in executive session because now the attorney is going to come in and discuss it in public session. She feels the public is being shut out on this. She would like to know when the Agenda Meetings will be broadcast. She stated that at the Recreation committee meeting it was mentioned that there were two parcels going into the golf course and that was repeated at the redevelopment meeting but no one could tell her what the lot numbers were. She would like to know when the Green Acres meeting is about the golf course.
Attorney Convery stated that the whole idea of the Ethics Board is to take legitimate ethics complaints out of the hands of the Township Council and put it with an independent board that reviews it, makes decisions and has the benefit of independent counsel. He further states that an Ethics complaint should be immediately referred to the Ethics Board and its’ attorney and they handle it. At the State level there is a Local Finance Board. The rules are that an Ethics complaint is a confidential document unless and until the staff reviews it and makes a determination that there should be a hearing.
Male resident: Inaudible
Mayor Phillips asked for a report on the Pinkiewicz closing from Attorney Convery.
Attorney Convery stated they did have the closing on Friday.He further stated that the attorney for Pinkiewicz came into Town Hall. We received the deed and it was forwarded to the County for recording. Everything was done in accordance with the title report. We have been out to the site to look into putting in some fencing because the auto body shop next to this property is using it to put cars there temporarily. We met with the owner and told him he can’t do that any longer. After the fencing is put in it will be up to the administration and the Council to try to beautify that area to make it more in keeping with the park. It is 1.02 acres, adjacent to Veterans’ Park and it will give us an opportunity to enhance the front of the park as people enter.
Councilman Calogera asked what the cost was.
Attorney Convery stated the cost is $350,000.00 as previously approved by Council.
Councilman Greene stated he feels that it was a very positive move on the part of the Township to acquire that property to prevent several houses from being built and destroy the aesthetics of the entrance to the park.
Mayor Phillips stated that the reason for the delay in the process between the time the Council approved this some time ago and now is that the property was all covered by a particular lending institution and the property had to be, for the seller’s purposes, somehow divided from its’ original parcel. It was the waiting for that to happen which slowed up this process. The original price that was negotiated by the Council was the actual selling price and there was nothing lost or gained by the delay. Mayor Phillips wanted to assure everyone that Mr. Convery was never negligent in his duties, in fact, he has been pursuing this all along and it was just a matter of the seller having proper releases based on the mortgages that were there.
Attorney Convery stated that he had to send out CME a second time because they continued to park cars in this area. There was a study done initially and then they brought the cars back in and we had to go back in and have them clean it up. Therefore, there were two sessions where they had to clean it up in order to make it satisfactory to CME.
Mayor Phillips stated there will fencing going up in the not too distant future.
Councilman Calogera asked what type of fencing will it be.
J.Criscuolo stated that the fencing will be galvanized chain link.
Councilwoman Panos asked if there is a new title of assistant business administrator in town because she has not received any notification of such.
Mayor Phillips stated there has been some reorganization in town, and he has named Joe Criscuolo as assistant business administrator.
Councilwoman Panos asked if there was a pay increase with this and if so, how much.
Mayor Phillips stated that there was a pay increase due to additional responsibilities. The pay increase was $5000.00.
Councilman Calogera asked if tonight’s resolution would be sent to adjacent towns.
President Gillespie stated that would be done after it is drafted.
MOTION
to adjourn at 8:35 p.m. by President Gillespie, seconded by Councilman Butler and so ordered on an all aye vote.
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President Patrick Gillespie
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Rose-Marie Saracino, Township Clerk
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