| OLD BRIDGE TOWNSHIP COUNCIL AGENDA MEETING May 1, 2006
An Agenda Meeting of the Township Council of the Township of Old Bridge was held on May 1, 2006 in the Municipal Complex. The meeting was called to order by Vice-president Baker who asked all present to participate in a salute to the flag. He asked Councilman Testino to read the prayer. Vice-President Baker asked for a moment of silence for our troops in harm’s way who serve abroad and home and who protect our freedom each and every day. 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 May 8, 2006 at 7:30 p.m. Roll call at at 7:35 p.m. by Deputy Clerk Stella Ward showed the following members present: Councilmen Baker, Butler, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie. Councilman Maher was absent.
APPROVAL OF MINUTES March 27, 2006 – Regular Meeting
PRESENTATION ( 5/8/06 ) Award Certificates for Mite “B” Team Gold Medal won on April 2nd at the CAN/AM Challenge Cup Games in Lake Placid, New York
HEARING ( 5/8/06 ) H-1 Release/Reduction Performance Guarantee Town Sports International/New York Sports Club
ORDINANCE FOR SECOND READING
ORD.#15-2006 Establishing municipal regulations governing the maintenance of retention, detention and recharge basins Moved Up ORD.#16-2006 Amending Chapter 5 Administration, Article XIII Department of Police, Sections 5-94 through 5-109 due to codification error replacing “Director” with “Chief of Police” in appropriate sections Moved Up ORD.#17-2006 Authorizing the lease of certain property owned by the Township of Old Bridge no longer needed for public use and setting the terms and Conditions of such lease. (Monopole – Pension road for wireless Communications). Moved Up ORD.#18-2006 Authorizing the transfer of Real Property Block 13000 Lot 28 to the N.J.D.O.T. for road/bridge purposes. Moved Up ORD.#19-2006 To amend Ordinance 388-2A (3) Establishment of Rents (formerly 40-02) (as in the past practices) to the date of 6/1/06 to 5/31/10. Amend 40-02 Section 3 to add “review increase on an annual basis based on recommendation of the Fair Rent Committee”. Moved Up ORD.#20-2006 Authorizing the sale of certain property owned by the Township of Old Bridge no longer needed for public use and setting the terms of such private sale. (Block 3230 Lots 46-49 & 52, 55, 57-78.) (Cheesequake Park) Moved Up ORD. #21-206 Revision of entire Article V – Excavations Moved Up ORD.#22-2006 Authorizing the sale of certain property owned by the Township of Old Bridge no longer needed for public use and setting the terms and conditions of such sale. Councilman Calogera asked if the Council would be receiving a copy of a list that was requested last week from the MUA regarding the status of water and sewers and whether or not it will be forthcoming on any of these properties so we can decide whether or not we want to take a couple of these off and hold them until such water and sewers are completed. President Gillespie stated he believes that if we ask for that information it becomes public record. M. Jacobs, Administrator stated that any documents we provide would become public record. President Gillespie stated that if someone is a potential bidder on this property they would have access to this same information. M. Jacobs, Administrator stated that if we were to say that sewers were coming that would be a problem because then we would have a certain amount of liability responsibility to make sure we did; our practice is to sell them as is. The buyer would do that type of due diligence. President Gillespie stated we can’t make any representation about water, or sewer or anything like that, is that correct? M. Jacobs stated he wouldn’t recommend it because we don’t control that. Councilman Calogera stated his purpose it not to create that situation but if something is slated to get water and sewers then it would be his motion to withdraw those parcels from that auction. He further stated that upon completion of that installation it would be put up for bid at a later date so more money would be realized out of that auction. To do diligence is to do so for our own purposes and not for a prospective bidder. Councilman Greene stated when this was discussed at the last meeting we became well aware that there is additional work that needs to be done before the Council votes on the second reading such as to determine whether some of the properties should be made available to the adjoining property owners, etc. He feels that Council will not be ready at the next meeting to consider this because there is an assortment of items that have to be cleared up first. He asked the Administration if it feels they can vote on this intelligently at the next meeting. Attorney Convery responded and stated that in the Council packet with the agenda item request form, in addition to a form of ordinance listing all the properties and a minimum bid, also provided was a a list of the parcels-- lot and block, minimum bid and then notes. On six of the properties it is noted that it would be sold to adjoining property owners. That’s a different manner of handling the sale. It is offered to adjoining property owners with the understanding that they can’t build on it, it would just supplement their property. It was also indicated that one of the properties is on a paper street and also indicated the other lots that would be non-conforming. That doesn’t mean not buildable, it just means non-conforming. It doesn’t strictly meet the requirements of the zoning in that particular area. He also stated that a summary that was prepared by Jim Cleary was handed out last week. It contains as much information that can be provided regarding the zoning, lot size and things of that sort. Councilman Greene stated it was his understanding that there are properties that could be sold to adjoining property owners, not definitely would be sold to the adjoining property owner. Attorney Convery stated that it is the intent of this list that wherever it states, “notes-adjoining”, that it will only be sold to the adjoining property owner. It would be offered to the adjoining property owner. If it isn’t sold to an adjoining property owner, then a further decision would have to made about whether or not it could be sold at all. Councilman Greene asked if there would be a condition on it that they could not combine their property with that property. Attorney Convery stated that that is the general idea, if it’s sold to an adjoining property owner it cannot be built upon as a separate lot, it would be used to supplement the existing property. Councilman Greene asked if that is the general idea or is that definitely what will be stated in the sale. Attorney Convery stated he would go back and look at each of those and give a memo to Council indicating definitely whether those that were listed as adjoining will be restricted as to no building. Councilwoman Panos stated that at the last meeting she requested a consultation with the open space committee of which she is a member. She further stated that today she received an e-mail asking to have a meeting to see if the Township should keep any of these lands. She is hoping to have a meeting before the next Council meeting next week, if not she would ask that this be tabled because she would like some input from the Open Space Committee. In addition she asked for some input from the environmental commission because some of these properties are on Englishtown Road which may be environmentally sensitive. Councilman Calogera stated he wanted an answer to his question regarding whether or not these properties have water and sewers scheduled to be put in. He further stated that if something is slated, that property should be removed from the sale. Councilwoman Panos stated that she feels that the MUA should be questioned as to whether or not they have plans for water and sewers for these properties. If they do, the property should be pulled and wait a year or two and then instead of getting $4000.00 for a property, perhaps we can get $10,000.00 for the property. She further stated that we should do our own due diligence for ourselves. She stated she would like a report on the three or five year plan from the MUA on these properties. She asked the Council to request this from the MUA. DISCUSSION ORDINANCES DO-1 Vacation of Runyon Cheesequake Road – Pursuant to Old Bridge Planning Board Resolution on remand from Superior Court). GUEST – JOHN BRUNETTI, JR. – ( 5/1/06 )
President Gillespie asked the representative for John Brunetti to come forward and identify himself. The representative appearing on behalf of John Brunetti identified himself as Michael Fitzgerald. Attorney Convery gave a brief introduction on this before Mr.Fitzgerald began. He stated that there was a law suit involving the Oaks Development Corp. and the Township. It was handled by Mr. Norman. The case was December 21, 2004. There was a final judgment and as a result it was resolved by the planning board and is in the documents, condition number ten—vacation of Runyon Cheesequake Rd.-- the Oaks Development Corp. shall submit an appropriate application for vacation of Runyon Cheesequake Road to the Township Council prior to the signing of any sections of the final development plans by the township engineer. The request came in from Mr. Brunetti and was referred to engineering and the documents were reviewed by the township engineer. A final metes and bounds for the 33 foot roadway was submitted just recently and our engineer is in agreement with the metes and bounds description. He further stated that this would vacate what’s known as Runyon Cheesequake Road for the entire distance it runs within the Brunetti property. He further states that this is part of a final judgment and part of a condition of the planning board. He further stated that he would recommend that the board take this action and put this on as an ordinance. He stated that Mr. Fitzgerald is the attorney for Mr. Brunetti in a lawsuit and he is here to answer any questions. President Gillespie stated that he would like to get a copy of the map to see what exactly it is that is being vacated and also a draft of the ordinance from Attorney Convery. He further stated that we have the planning board resolution and doesn’t have a draft of the ordinance. Attorney Convery stated that just today he received a copy of the map which was prepared by a licensed surveyor’s proposed road vacation from Jim Cleary. President Gillespie noted that Larry Redmond, chairman of the planning board is present. He asked if this vacation is contingent on some other action by Mr.Brunetti. He asked Mr. Fitzgerald if he could scope out what the conditions are for the planning board approval that is on remand so we can understand how this fits into a larger picture. Michael Fitzgerald stated that there were about 28 conditions after the remand. The matter was denied by a tie vote (4 to 4) of the planning board which required going to court. Judge Ryan ultimately ordered an approval of the portion of the property that was residential with a preliminary approval of the commercial. He further stated that perhaps some orientation would be helpful because not everyone may be familiar with this. He stated that we’re talking about a 433 acre piece of property that fronts on route 9 on the west side of route 9 which is the southbound side of route 9. You can imagine it bounded by route 9, the Nike site to the south, the Perth Amboy watershed to the west and the high tension wires to the north. This is the piece of property we’re talking about. It was originally a general development plan which was approved in 1986. It went through some machinations which included an amended general development plan in 2000. He further stated that a number of the conditions that the planning board imposed were challenged by Mr. Brunetti. They returned to Judge Ryan who agreed with some and agreed with the planning board on others and a number of them were not at issue. Runyon Cheesequake Rd. is not a road that is utilized now. It basically ends to the northeast where Old Mill Road comes in near the Grand Marquis and when it runs to the west it runs to nowhere. It would run on paper out to the Perth Amboy Watershed. It’s not an existing roadway now; it’s a paper street. It begins and ends within the boundary of property owned by Mr. Brunetti. Attorney Convery stated that what we vacate would be solely within the bounds of the Brunetti property. Mr. Fitzgerald further stated that at the direction of Mr. Convery and the engineer, the metes and bounds description was required for a couple of reasons. In the event they are wrong about where it may or may not run off of the Brunetti property. At this time the Council would only be vacating that portion which exists on the property. It’s not a vacation of it’s entirety should it happen to run somewhere else without our knowledge. President Gillespie stated that there are other general roadway improvements that he saw in the approval resolution; conditions related to White Oak Lane and other roads. He asked how does this relate to those, if at all. Mr. Fitzgerald stated that Runyon Cheesequake road does not interplay at all. It’s not a roadway that’s going to become a roadway later on. This is not contingent on something else. Mr. Brunetti already owns the property, you just have the easement across it, so it’s a vacation of the easement. President Gillespie asked at what point is Mr. Brunetti in implementing its’ approval, how far have they progressed. Mr. Fitzgerald stated there are a lot of things going on at the same time, the DEP permit applications pending, waiting for a couple of signoffs from the Township on things that have to be sent to the DEP for their approval. The DOT permit approval procedure goes on as we have to go back to the County Planning Board to make sure that they understand that it was approved by the judge. All these conditions that are necessary have to be met before the final signing of the final plat. Mr. Fitzgerald further stated that the original general development plan had the commercial development by acres spread out across the entire 433 acres. It literally had a strip mall three quarters of a mile off route nine off into the woods. After going through that and reorienting all the commercial to route nine, all the residential is in the back and the commercial is now on route nine so they will be back before the planning board on the final approval for the development of the 61 acres spread out on route nine. Councilman Greene questioned the statement made by Mr. Fitzgerald wherein he first called Runyon Cheesequake Road a paper street and then called it an easement that the township owns. Mr. Fitzgerald stated that he uses the term paper street interchangeably with the right of easement that the Township may have. He further stated that this is a very old easement and the fact that it is only 33 feet wide indicates how long ago it may have been considered as an easement. He further stated that the Judge ordered the easement to be vacated. President Gillespie had questions about the commercial development. L. Redmond, Chairman, Planning Board, stated that the planning board has no power to vacate roadways, that this was a remand which came back from the court. He further stated that in order to do this there should be a report from engineering. A lot of things have changed since this went through. He further stated that there are a few members of the planning board who have sat through this whole application and would meet with Council. They know the entire history and would explain this as this ordinance is put together. Councilman Calogera stated that his concerns are the same as that of President Gillespie concerning commercial and residential building. Mr.Fitzgerald stated that perhaps it would be helpful if he would supply a packet to Mr. Convery of the traffic issues, copy of Judge Ryan’s original order from December, 2004, the Planning Board’s condition of approval and Judge Ryan’s subsequent order. Attorney Convery agreed and stated that after receiving the packet he would give a copy of the packet to the Clerk so each Council member would have it and then go forward with the vacation.
DO-2 Ordinance amending various sections of the Revised General Code – Ice Cream Truck Fees; Mobile Lunch Truck Fees; Miscellaneous Fees; Volunteer Incentives; Land Development Ordinance Books; Taxicab Duration of License; Ordinances & Resolutions. Attorney Convery stated that Rose-Marie went through the code and is making some suggestions regarding certain fees adding C of O regarding volunteer incentives. He also stated that Ellen has indicated to him that we should be supplementing the zoning fees and has provided him with some documentation. Therefore, he has recommended that this be held until the next meeting so he can incorporate the zoning fees changes and we will only have to advertise it once. Councilman Calogera asked for an explanation of the volunteer incentives referred to in this ordinance. Attorney Convery explained that there is a volunteer incentive ordinance which states that a volunteer, if they are a member in good standing, does not have to pay the fee for a permit such as a building permit. Subsequently someone requested a C of O because he was selling his house and he had to pay for it because it was not specifically indicated as being in it. Rose-Marie suggested to Attorney Convery that C of O be incorporated into the fee structure. DO-3 Ordinance to approve street handicapped parking space for Sylvester LeBrant of 83 Lantana Way, Laurence Harbor, N.J. Moved up DO-4 Ordinance to approve street handicapped parking space for Joan Bridgeman of 223 Hillcrest Ave., Laurence Harbor, N.J. Councilwoman Panos questioned that if someone has a handicapped designation would they have a preference in snow plowing in front of their house. President Gillespie stated that it is not a part of these two ordinances but it will be checked out. Councilwoman Panos questioned that when the house of someone with a handicapped designation is sold, is that noted somewhere in the Township so that is removed when the house is sold. President Gillespie stated that is addressed in the ordinance that was adopted. M. Jacobs stated an annual review of it was put in so that it is picked up if they don’t notify us. President Gillespie stated that there is a mechanism in the existing ordinance on that. Moved up DO-5 Ordinance authorizing the vacation of a portion of Avon Street Moved up. DO-6 Ordinance amending Chapter 388 Rental Property, Article I, Rent Control to prohibit a landlord from charging a fee for the installation or removal of a satellite dish. Moved up. DO-7 Ordinance for the Conservation Easement Vacation (Lopes Property-Block 10259.18, Lot 27) Attorney Convery stated that quite a while ago the Council passed a resolution authorizing the reduction of the conservation easement from 50 feet to 25 feet because the 50 feet was no longer required. He further stated that the township engineer will confirm that. He also stated that it should be done by ordinance because we are reducing a conservation easement on a property which is a recorded document and we are going to vacate 25 feet of the 50 feet conservation easement and the DEP has given permission for this. Moved up CONSENT AGENDA
C-1 Funmania License 2006 – Correction change from Legends of Golf to Route 18 Amusement Center d/b/a Funmania Moved up C-2 Resolution to cancel Municipal Lien #84099 in the amount of $1,007.10 on Block 13005 Lot 35.12, Ada Seeley, 43 Wesley Road and accrue it to Municipal Lien #84033 on the same property. Moved up C-3 Resolution to authorize a Budget Transfer in the amount of $1,026,616.00 be made between the Current SFY 2006 Budget and $13,500.00 between the Arena Utility Account and $10,000.00 between the Parking Utility Account permitted during the last two months of the fiscal year. Moved Up C-4 Resolution approving the sale of a vacant walkway located between Block 11 Lots 352 and 351 Shoreland Circle to an adjoining property owner for the Amount of $4,000.00. (Ordinance #01-2006 authorized the sale of this property) Moved Up C-5 Resolution to award Professional Service Contract # 2006-37 Professional Planner to Mark Remsa. “The Fair & Open Process was utilized in developing the recommendation for this contract. Moved Up President Gillespie opened the public portion.
Linda Seiler asked to have the process of ordinances explained---would a discussion ordinance at this meeting be an ordinance for first reading at next meeting? President Gillespie explained the process to her. Linda Seiler asked when the Agenda meetings would be televised and that she would be available if volunteers are needed. President Gillespie closed the public portion. APPOINTMENT
A-1 Reappointment of Joseph Mancini to the Film Commission Committee. Term expires 12/31/08 EXECUTIVE SESSION ES-1 Release of Executive Session Minutes EXECUTIVE SESSION AT 8:30 p.m. RESOLUTION #186 Authorizing an Executive Session
BE IT RESOLVED by the Township Council of the Township of Old Bridge that the public shall be excluded from this meeting pursuant to N.J.S.A. 10:4-13 for the discussion of the following matter or matters: John Paff v. Township of Old Bridge G.R.C. 2005-123 (Litigation) BE IT FURTHER RESOLVED, that this meeting shall NOT reconvene this evening and that the minutes or other record of these discussions shall be available to be disclosed to the public in sixty (60) months unless a sooner date is determined by vote of the governing body at a public session. Moved by Councilman Butler, seconded by Councilman Testino and so ordered on the following roll call vote: AYES: Councilmen Baker, Butler, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie NAYS: None. ABSENT: Councilman Maher Meeting reconvened in public session at 8:45 p.m. MOTION to adjourn at 8:50 p.m. by Councilman Baker,seconded by Councilman Butler and so ordered on an all aye vote. ______________________________ Patrick Gillespie, Council President _______________________________ Rose-Marie Saracino, Township Clerk ga Distributed
|