OLD BRIDGE TOWNSHIP COUNCIL
COMBINED MEETING
February 6, 2006
A Combined Meeting of the Township Council of the Township of Old Bridge was held on February 6, 2006 in the Municipal Complex. The meeting was called to order at 7:34 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.
Councilman Butler requested a moment of silence for Harry Wilson, a Madison Park volunteer firefighter, David Stern, a former Democratic county committee member and Marion Kosinar, a school crossing guard who recently passed away. Also remembered were the armed forces 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, February 27, 2006 at 7:30 p.m. in the municipal complex.
Roll call by Deputy Clerk Ward showed the following council members answering present: Councilmen Baker, Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
RESOLUTION NO. 68
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 February 6, 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 February 6, 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 $17,410,260.01 (Accounts Payable).
Moved by Councilman Butler, 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.
RESOLUTION NO. 69
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 February 6, 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 February 6, 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 $1,177,016.99 (Payroll).
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. 70
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 February 6, 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 February 6, 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 $38,677.74 (Overtime)
Moved by Councilman Butler, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Butler, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: Councilmen Calogera, Maher.
Prior to the roll call vote the following discussion took place.
Councilman Calogera: Requested a report on the overtime budget for the parking utility since $1,000 was budgeted for this expense and thus far $1518 has been incurred.
Councilman Maher: Inquired about “working up” in the police department.
Capt. Bonfante: Explained the term “working up” to mean that a sergeant, as a result of contract negotiations, was able to work as a lieutenant, and a patrol officer could work as a sergeant, thus savings many dollars in overtime. Capt. Bonfante was very pleased that this system was working so well.
Preliminary public comment.
Ms. Clavering addressed the council with respect to the lack of placement of stickers indicating a rise in the monetary penalty for offenses against parking areas designated for persons with disabilities.
Congenital Heart Defects.
Proclamation
WHEREAS, congenital heart defects, among the most common birth disorders, are the leading cause of birth defect-related deaths worldwide; and
WHEREAS congenital heart defects, present in approximately one in every 100 births, range in severity from mild to more severe. Some defects require multiple surgeries, a lifetime of medication, and other measures; and
WHEREAS, due to irregular medical screening and an absence of early detection, many of these babies remain undiagnosed for months or years, and often never receive the proper diagnosis, leading to many tragic and unnecessary deaths. Numerous cases of sudden cardiac death in young athletes are also caused by undiagnosed congenital heart conditions; and
WHEREAS, to further public awareness, February 14 has been designated as a day to increase awareness and education about congenital heart defects. On this day, the Congenital Heart Information Network, and other involved citizens and organizations, will emphasize the importance of early diagnosis and prevention and possible treatment options to save lives.
NOW, THEREFORE, I, Mayor James T. Phillips and the Township Council of Old Bridge, do hereby proclaim February 7 through February 14 as Congenital Heart Defects Awareness Week.
Mr. Redmond: Thanked the Mayor and the Township Council for recognizing this very important and announced that a resolution of the New Jersey House of Representatives declares February 7 through February 14 as congenital heart defects awareness week.
Hearing.
1. Penrose Properties – release/reduction of performance guarantee. POSTPONED
Motion
to postpone the hearing on the release/reduction of the performance guarantee for Penrose Properties to a date uncertain made by President Gillespie, 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.
Ordinance for Second Reading. TABLED
President Gillespie announced that although there would be a public hearing, no action would be taken on this ordinance.
ORDINANCE NO. 03-2006
AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE 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 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 (10) inches from the ground in 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.
Section 4. Charge for Mowing by Township
When the Township 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 is requested by the 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 such 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 ten (10) days from the date of such notice.
Section 6. Action to Correct Violation; Recovery of Costs
Should the owner or responsible party receiving any such notice refuse or neglect to cut the grass, weeks 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 now owned by the responsible party, then said costs shall be charged on a pro rata basis against all property owners 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 the manner noted above.
Section 7. Inspection to Determine Continuing Compliance
The Township Engineer or his designee shall periodically inspect the basins within the Township 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.
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 members of the Council vote in favor of such resolution.
Motion to table to the meeting of February 27, 2006 made by Councilman Testino, 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.
Prior to the motion to table the following took place.
A motion was made by Councilman Butler and seconded by Councilman Butler to open the ordinance for a public discussion with no vote taken.
Mr. Tanela (Cheesequake Village resident): Stated that he was unsure whether or not Logan's Lake is included in the ordinance. Explained that there are nine owners of 60% of the property surrounding Logan's Lake; Cheesequake Village owning 40%. Expressed his hope that trees would not be removed. Reminded the council that the Township of Old Bridge is responsible for the maintenance of the dam, but the engineering department has informed us that we need to clean up the debris in that area. The attorney for Cheesequake Village has informed the residents that if someone from the village were to be injured or something happens to the dam, the residents of the village would be responsible. Forty-two properties have been approved and built to empty storm drains into the lake as a water retention basin. The property owners below the lake were never notified about the approval of those properties. Debris is floating into Lake Logan; therefore, the residents of Cheesequake Village should not be held responsible for the clean up.
President Gillespie: Explained that Cheesequake Village, Logan's Lake and Barclay Square were not included in the ordinance, but would provide a verification.
Seeing no further hands President Gillespie closed the public portion.
Ordinance for Second Reading. TABLED
TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 04-2006
AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AMENDING SECTION 351-11 OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE
CONCERNING PAID HEALTH BENEFITS FOR CERTAIN RETIREES
WHEREAS, certain retirees have dedicated their lives to public service within the Township of Old Bridge (hereinafter the “Township”); and
WHEREAS, the Township would like to reward those employees who retire on or after October 1, 2005 for their service to the Township and delineate such employees from those who retired prior to October 1, 2005 and are not receiving health benefits; and
WHEREAS, N.J.S.A. 40A:10-23 states that the Township, in its distinction, may provide paid health benefits to certain eligible retirees; and
WHEREAS, the Township wishes to amend Section 351-11 under the Personnel Policies section of the Township code to reflect the categories of employees who are eligible to receive paid health benefits upon retirement from the Township as permitted by N.J.S.A. 40A:10-23.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:
Section 1.
Section 351-11A of the Township code is hereby amended, supplemented and revised such that it shall read in its entirety as follows:
Section 351-11A. Policy for Payment of Health Benefits to Eligible Retirees
Effective October 1, 2005, employee who retires on or after October 1, 2005 will be eligible for the benefits hereunder if they satisfy one of the following requirements:
(1) retire on a disability pension;
(2) retire after 25 years or more of service credit in a state or locally administered retirement system having a period of the last 25 years or more of continuous service with the
Township at the time of retirement;
(3) retire and reach the age of 62 years or older with at least the last 15 years or more of continuous service with the Township at the time of retirement.
Section 2.
Section 351-11C of the Township Code is hereby amended, supplemented and revised such that it shall read in its entirety as follows:
Section 351-11C. Type of Coverage to be Provided
a. Retirees of the Township of Old Bridge shall receive health insurance benefits which are equal to those being provided to the current employees in the same job classification and status previously held by the retiree. Modifications to such coverage in accordance with policy changes implemented for existing employees shall be allowed.
b. All coverages granted under this section shall be coverage for the individual employee and family coverage as defined by the health insurance carrier.
c. Upon reaching age sixty-five (65) any employee who remains a beneficiary of a policy of insurance and who otherwise qualifies for Medicare shall be entitled to receive Medicare as primary coverage and Township health insurance as secondary coverage.
Section 3.
Section 351-11B of the Township Code shall be removed.
Section 4.
Upon retirement and each year thereafter, all retirees shall sign a coordination of health benefits agreement. In the event that the retiree becomes re-employed in any capacity where such employer provides health benefits for which the retiree is eligible, and the re-employed retiree is not required to contribute to the cost of those benefits, said re-employed retiree shall be required to obtain such coverage as their primary insurance. The township shall maintain the coverage as outlined herein as a secondary insured.
Section 5.
In the event that a retiree's spouse is employed, or becomes employed, and where such employer provides health benefits for which the spouse is or becomes eligible, and the spouse is not required to contribute to the cost of those benefits, said spouse shall be required to obtain such coverage as their primary health insurance. Dependents shall be primary on the plan of the employee or spouse whose birth date comes first in the calendar year. The Township shall maintain coverage outlined herein as secondary insured.
Section 6.
If a court of competent jurisdiction shall declare any section, paragraph, subsection, clause or provision of this Ordinance invalid, such decision shall not affect the validity of this ordinance as a whole or any part thereof.
Section 7.
All ordinances or parts of ordinances of the Township of Old Bridge heretofore adopted that are inconsistent with any of the terms and provisions of this ordinance are hereby repealed to the extent of such inconsistency.
Section 8.
This ordinance shall take effect after final passage and publication as provided by law.
Moved to table to meeting of February 27, 2006 made by Councilman Testino, 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.
Prior to the motion to table the following took place.
A motion was made by Councilman Butler and seconded by Councilman Butler to open this ordinance for a public hearing. Seeing no hands President Gillespie closed the public portion.
Councilman Greene: Announced that for personal reasons he would be abstaining from voting on this ordinance, but that analytically he was abstaining because the township labor attorney wanted this ordinance passed in order to give benefits to certain individuals. He stated that these benefits were negotiated by a certain bargaining unit, and there are certain trade offs – giving and taking in negotiations. He explained that a certain bargaining unit was able to get health benefits for an individual who went out on disability, and that he has no concern with that. He emphasized that individuals working for the township for fifteen years having reached age sixty-two would be entitled to health benefits. He further stated that although the labor attorney claimed that the Township of Old Bridge would be subject to a lawsuit because certain individuals enjoy this benefit through collective bargaining and that others do not, his opinion is that each unit should negotiate their benefits individually. He stated that this benefit would be a financial burden on the Township of Old Bridge, and expressed his concern that the residents would be paying additional taxes for health benefits given to certain employees without the process of collective bargaining.
Councilman Volkert: Requested a clarification as to the meaning of “twenty-five years of service” and inquired if that was be interpreted as years of continuous service to the Township of Old Bridge or cumulative years of service with the state retirement system.
Attorney Convery: Clarified that the ordinance provides for twenty-five continuous service with the Township of Old Bridge at the time of retirement.
Mr. Jacobs: Explained that under the state retirement system there were four options to select from, and that Old Bridge chose three. The language is directly out of the statue, and we did not choose the option providing for twenty-five years or more in a state administered fund.
President Gillespie: Stated that as per the state statute the service requirements have to be with an individual employer who will be bearing the cost rewarding only those employees who have served for an extended period with this particular entity – either fifteen years or twenty-five.
Councilman Volkert: Would like the ordinance to read “…having twenty-five continuous years of service with the Township of Old Bridge at the time or retirement”.
Mr. Jacobs: Explained that this ordinance applies to all employees regardless of language contained in contracts.
Attorney Convery: Offered a minor change to subsection 2 to read “. . . last twenty-five years or more of continuous service with the Township of Old Bridge at the time of retirement”. At subsection 3, he recommended an amendment to read “. . . the last fifteen years or more of continuous service with the Township of Old Bridge at the time of retirement” which would be a clarification, not a substantial change.
Motion
to amend Ordinance No. 04-2006 as stated made by Councilman Testino, seconded by Councilman Butler. No vote taken.
Councilwoman Panos: Requested an explanation of fifteen years.
Attorney Convery: Stated that there exists a resolution with the same language (62 or over with at least fifteen years or more of continuous service with the Township of Old Bridge at the time of retirement).
Councilwoman Panos: Inquired if a person was able to retire after twenty-five years at age 52.
Attorney Convery: Answered “yes”.
President Gillespie: Explained that an employee could retire at 55 years of age with a penalty on benefits.
Mr. Jacobs: The retroactive date may even be further back based on what our obligations may be.
President Gillespie: Reminded the council that this subject was discussed extensively in executive session in the context of our collective bargaining and negotiations.
Councilman Calogera: Suggested that the twenty-five years of employment with the Township of Old Bridge not be continuous and raised a question about age discrimination.
President Gillespie: Stated that the statute does not provide for employees under age 62, and the statutes regarding pension regulations govern who gets to retire in the system.
Mr. Jacobs: Explained that “continuous service” is derived from the statute, but that he would consult with a labor attorney to determine if twenty-five service years had to be consecutive. The advice of legal counsel if that more problems would be created if this is not done.
President Gillespie: Stated that this was being implemented to avoid litigation.
Councilman Testino: Suggested tabling this ordinance until February 27 so that labor counsel could be consulted and answered given.
Councilwoman Panos: Questioned whether age 55 plus 25 years of service should be included in the ordinance.
Mr. Jacobs: Stated that he was unsure about those restrictions and that subject was included in numerous collective bargaining agreements. The goal is uniformity.
Consent Agenda.
President Gillespie opened a public portion.
Ms. Seiler: Questioned the need for another change order in the tank removal in the police parking lot.
Seeing no further hands President Gillespie closed the public portion.
RESOLUTION NO. 71
BINGO/RAFFLE
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the following organizations have made application to hold, operate and conduct a Bingo/Raffle; said applications being in accordance with the statutes relating thereto.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Township Clerk is hereby authorized and directed to issue to the applicant the following licenses:
BA14-06A St. Bernadette Church
RA 40-06 St. Ambrose Combined
RA 41-06 Colts Neck PTO
RA 42-06 Colts Neck PTO
RA 43-06 M. Carpenter School PTA
RA 44-06 Cystic Fibrosis Foundation
RA 45-06 Cystic Fibrosis Foundation
Moved by Councilman Butler, 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.
RESOLUTION NO. 72
REQUESTING DEDICATION BY RIDER IN CONNECTION WITH TREE REMOVAL
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a Dedication of Rider for tree removal for donations received by a county or municipality when the revenue is not subject to reasonably accurate estimates in advance; and
WHEREAS, N.J.S.A. 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures or moneys by dedication of rider; and
NOW, THEREFORE, BE IT RESOLVED that such fees, contributions and donations received by the municipality be placed in a specific trust fund and such trust fund shall be considered a “Dedication by Rider” to the budget of the local unit per N.J.S.A. 40A:4-39 for the sole purpose stated above.
Moved by Councilman Butler, 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.
RESOLUTION NO. 73
APPROVING CHANGE ORDER NO. 2 FOR CONRACT WITH TAYLOR, WIESEMAN & TAYLOR FOR REMOVAL OF UNDERGROUND STORAGE TANK
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Township Council of the Township of Old Bridge previously authorized a contract with the firm of Taylor, Wiseman & Taylor for removal of the underground storage tank in the police department parking lot; and
WHEREAS, Taylor, Wiseman & Taylor has requested Change Order No. 2 to increase the amount of the contract.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, and State of New Jersey that Change Order No. 2 is hereby authorized as set forth on the attached change order.
BE IT FURTHER RESOLVED that the modified cost of services after this change order is as follows:
Original Contract …………………………………………. $12,110.00
Change Order ……………………………………………...$50,000.00
$62,110.00
Change Order No. 2 ………………………………………..$6,860.00
$68,970.00
The award of this contract is contingent upon the issuance of a Certification of Availability of Funds No. 1416 certifying the existence of sufficient appropriation to fund the said contract.
BE IT FURTHER RESOLVED that the Mayor and the Township Clerk are hereby authorized to execute such written contract documents as may be approved in form by the Township Attorney.
Moved by Councilman Greene, 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.
Prior to the roll call vote the following discussion took place.
Mr. Criscuolo: Explained that the NJDEP required continued monitoring of underground storage tanks for between eighteen to twenty four months after discovery of contaminants. If a decline in the amount of additives continues, we will be able to notify the DEP to announce that the tank is closed. Voluminous reports must be filed quarterly.
RESOLUTION NO. 74
CHAPTER 159 IN CONNECTION WITH OCEAN BOULEVARD RESURFACING
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget;
WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and
WHEREAS, the Township of Old Bridge received $186,000 for Ocean Boulevard Resurfacing and wishes to amend its SFY 2006 budget to include this additional amount as a revenue.
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2006 in the sum of $186,000 for Ocean Boulevard Resurfacing which is now available as a revenue from:
Ocean Boulevard Resurfacing
BE IT FURTHER RESOLVED that a like sum of $186,000 be and the same is hereby appropriated under the caption of:
Ocean Boulevard Resurfacing
BE IT FURTHER RESOLVED that the Township Clerk forward three (3) copies of this resolution to the Director of Local Government Services.
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.
Prior to the roll call vote the following discussion took place.
Councilman Calogera: Inquired whether the money acquired for this road paving was through an application, and what named streets are included on this application.
Mr. Jacobs: The qualifiers are set in connection with traffic count and the condition of the road.
President Gillespie: DOT reviews the applications to be sure that the worst roads are being dealt with.
Councilman Calogera: Inquired as to who in the Township of Old Bridge decided that it was this particular road that was going to be repaired.
Mr. Jacobs: The director of public works and the engineering department made the determination.
Councilman Volkert: Mentioned that Throckmorton Lane received the funds last year, and that he brought the condition of Ocean Boulevard to the attention of the public works director.
Mayor Phillips: Ocean Boulevard is the only concrete road in the Township of Old Bridge which has never been repaved.
Councilman Greene: Wards IV and V have been taken care of in terms of state grants. Ward III is in the works. He believes that the administration is attempting to identify a roadway which fits certain criteria in each ward.
President Gillespie: Stated that the DOT does not give money based on political criteria.
Councilwoman Panos: Respectfully insisted that Ward VI be considered first for the next available grant.
Councilman Baker: Stated that he was delighted that the Township of Old Bridge received a $186,000 grant to pave a township road.
Councilman Calogera: Explained that he did not have a problem with repaving Ocean Boulevard, but was merely confirming that these improvements were being done fairly.
RESOLUTION NO. 75
REFERRING DRAFT GOLF COURSE REDVELOPMENT PLAN TO TOWNSHIP PLANNING BOARD
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Township of Old Bridge has received the draft redevelopment plan for the golf course from Old Bridge GC Capital Partners; and
WHEREAS, the Township of Old Bridge desires that the planning department of the Township of Old Bridge should study and advise of any recommendations prior to any amendment, revision or modification of the draft redevelopment plan by the Township of Old Bridge in compliance with the requirements of applicable law.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the draft golf course redevelopment plan be referred to the planning department of the Township of Old Bridge for study and recommendation prior to any amendment, revision or modification of the redevelopment plan by the Township of Old Bridge in compliance with the requirements of applicable law.
Moved by President Gillespie, 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 the following discussion took place.
Councilman Greene: Although he supports the golf course, announced his abstention on this vote due his concerns with the redevelopment agency established to oversee the creation of the golf course.
Councilman Testino: Inquired if Mr. Badcock had the report on the leasing and the state negotiations.
Mr. Badcock: Stated that he requested a lease conversion.
Mayor Phillips: Explained that the land being considered for the golf course was purchased with Green Acres funding; therefore, the development (of the land) is covered strictly by Green Acres posing an obstacle in that the proposal is more than a golf course, i.e., a club house, a potential banquet facility, etc. There is a question as to the length of time allowable for the lease which would affect the negotiation factor.
Councilman Calogera: Requested a disclosure as to the identity of the members of the Old Bridge GC Capital Partners.
President Gillespie: Stated that this information was already made available, but the information would be recirculated.
Councilman Testino: Informed the council that Green Acres waivers were available, and that the golf course fits within the parameters as to what should be developed on Green Acres. He suggested being relentless in an effort to obtain that waiver as was done in Monroe.
RESOLUTION NO. 76
AUTHORIZING THE EXTENSION OF THE CONTRACT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND THOMAS NORMAN, ESQ. IN THE MATTER KNOWN AS BRUNETTI V. OLD BRIDGE PLANNING BOARD
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Planning Board of the Township of Old Bridge has recommended the extension of a certain existing contract with Thomas Norman, Esq.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:
1. The contract previously granted to Thomas Norman, Esq., Norman & Kingsbury, 30 Jackson Road, Medford, New Jersey 08055, for the purpose of legal assistance to the
Planning Board of the Township of Old Bridge in regard to the matter of Brunetti v. Old Bridge Planning Board be extended in amount not to exceed $39,651.57.
2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1417 certifying the existence of a sufficient appropriation to fund the said contract.
3. There will not be a necessity for an additional contract to be provided as the original contract is presently on file in the Township Clerk's office.
4. The Mayor and Clerk are hereby authorized to execute any documents necessary to extent this contract.
Moved by President Gillespie, 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.
Public comments on any subject matter.
Ms. Seiler: Negatively viewed the policy of the Township of Old Bridge regarding employee health benefits.
Mr. Rao: Addressed the council with respect to an increase in municipal taxes.
Council comments.
Councilman Volkert: Requested a codification revision with respect to the time of day trash is permitted to be placed at curbside. Requested enforcement of the ordinance of the Township of Old Bridge enforcing placement of business signs.
Councilman Greene: Inquired as to the status of the purchase of the Cottrell Farm.
Mayor Phillips: Stated that at a meeting the open space committee the plan was revised. The Cottrell Farm is one parcel made up of about twenty acres. The town centre is made up of three lots totaling between 26 and 28 acres ( Cottrell about 20 acres and two minor lots). The Township of Old Bridge requested the county to view all, and the county Open Space committee approve it. The entire Cottrell Farm and two other properties are on the priority list for the Middlesex County Improvement Authority to do the due diligence which takes time. The Cottrell Farm was used as an apple farm to which arsenic may have been added to prevent insect infestation. The area must be tested for arsenic contamination. The wetlands delineation was made. Mr. Gaub has sold his portion to Jerald Development who is aware that the county is interested in all three parcels. The MCIA is the lead agency.
Councilman Greene: Questioned whether the developer is allowed to move forward with his plans.
Mayor Phillips: Suspects that the developer may move forward, but as the development is approved, it will be difficult to build because the plan is conditioned upon a general development plan which calls for a balance in building. Lot lines are no longer viable (changed from townhouses to age restricted housing – different footprint).
Councilman Greene: Inquired as to the agreement with the same developer not to build on another location on Cottrell Road allowing him to transfer those units on to this site.
Mayor Phillips: Stated that the approved general development plan always encompassed 98 units to be transferred in from some other density which was transferred from another property on Cottrell Road and that to his knowledge the agreement is still in effect.
Councilman Calogera: Stated that because of current approvals and transfers the cost will be higher.
Mayor Phillips: Stated that the cost per acre is alarming, but this is a general development approval; someone would have to show that this could actually be built. The plan as approved with 98 units. Stated further that he has never been a fan of the project and would like nothing better than for it to be acquired . . . would much rather see the apple trees and the farmhouse. Expressed his understanding of the type of approval given in New Brunswick, but not in an area like Cottrell Road and Rt. 516. Plans to build 150,000 of commercial with 131 apartments wasn't conceived in his term.
Councilman Calogera: Inquired whether a replacement for Mr. Azzarello has been chosen.
President Gillespie: Stated the subject was not germane for the Township Council, and that EDC had not filled the position. Vicki DeMarco is fielding questions to Mike (Jacobs), Pete Davis or himself.
Councilman Calogera: Asked for confirmation about the “Texas Hold-em” tournament sponsored by our library.
President Gillespie: Suggested contacting the library board to verify the article in the newspaper describing this event.
Mayor Phillips: Stated that he will attend the next meeting of the library board to get the details of the event.
Councilman Calogera: Questioned Attorney Convery about a current sex offender legal case involving “2500 feet”.
Ms. Berlen: Stated that the lawsuit was filed in November 2005. An ordinance of the municipality originally required 2500 feet. This ordinance was amended reducing the circumference to 500 feet. Plaintiff's complaint was amended and still is pursuing the case. That township is soliciting all towns who have a sex offender ordinance to join them in aiding in defraying the cost of the litigation. The ACLU is representing the plaintiff.
Motion
to adjourn at 9:08 p.m. made by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Baker, Butler, Calogera, Greene, Maher, Testino, Volkert, C Councilwoman Panos, President Gillespie.
NAYS: None.
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Patrick Gillespie, Council President
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Rose-Marie Saracino, Township Clerk
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