OLD BRIDGE TOWNSHIP COUNCIL
COMBINED MEETING
February 27, 2006
A Combined meeting of the Township Council of the Township of Old Bridge was held on February 27, 2006 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.
Deputy Clerk 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.
Roll call at 7:35 p.m. by Deputy Clerk Ward, showed the following members present: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie. Councilman Baker was absent.
President Gillespie asked for a moment of silence for the troops serving in the Persian Gulf.
APPROVAL OF MINUTES
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #77 -06
WHEREAS, the following minutes are hereby approved:
January 9, 2006 - Reorganization & Combined
Moved by Councilman Butler, seconded by President Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT PODIUM: Councilman Calogera.
ABSENT: Councilman Baker.
BILL LIST
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #78-06
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 27, 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 27, 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 $22,154,434.14 (Accounts Payable).
Moved by Councilman Butler, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilman Baker.
BILL LIST
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #79-06
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 27, 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 27, 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 $832,788.46 (Payroll).
Moved by Councilman Butler, seconded by President Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilman Baker.
BILL LIST
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #80-06
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 27, 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 27, 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 $24,844,66 (Overtime).
Moved by Councilman Butler, seconded by President Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: Councilman Maher.
ABSENT: Councilman Baker.
Preliminary Public Comments
Ms. Elyissia Wassung of 34 Russell Court stated that she has once again been the victim of a burglary. Her home was broken into three months ago and now tonight her BMW automobile was broken into. Ms. Wassung expressed her disappointment in the response from the Police Department. Ms. Wassung also stated that she has been trying to reach the Traffic & Safety Department with respect to Title 39 at Farrington Ridge and her telephone calls are never returned.
Attorney Convery stated that the procedure for Title 39 takes a while and certain approvals are needed from the State, before the township can act. Mr. Convery stated that the Attorney for Kara Homes has written to him regarding Title 39.
Captain Bonfante stated that this is the first time that he is hearing of the robbery at Russell Court. The Captain stated that there has been an increase in robberies in the Township and that the Department is working very hard on this. Captain Bonfante stated that he would look into why Ms. Wassung's phone calls from Traffic & Safety haven't been returned, there is only a part-time secretary in Traffic & Safety. Captain Bonfante told Ms. Wassung that she can always call the main number for all issues.
President Gillespie requested a report from the Police for the burglaries.
Mr. Alfredo Chincilla of 34 Russell Court stated they he has not yet reported the break-in of his vehicle. He would like to make sure that his family is safe in Old Bridge.
Councilman Testino stated that these burglaries are not usual in Old Bridge and that the police department is working diligently on this.
Mr. Stanley Sumski stated that he purchased property at the township land auction last year and stated that the township would have made more money if it would have been made public that sewers were going to be installed in the Genoa section. Mr. Sumski purchased a non-conforming lot on Biondi Street and requested that Avon Street (which is along side his property) be vacated. Mr. Sumski stated that this is text book case for a street vacation, because the street dead ends into a home in another township and Mr. Sumski's property would then be a conforming lot.
Attorney Convery stated that his request for a vacation of Avon Street was before the council and there was not a consensus of the council to grant this request. Attorney Convery suggested that Mr. Sumski again request the vacation. There were instances in the past where the person requesting the vacation was willing to pay the Township for the vacation of the street.
Mr. Sumski stated that he offered the Township $5,000.00 for the vacation.
President Gillespie requested that Mr. Sumski's attorney contact Mr. Convery with an offer and Mr. Convery will bring this to the council because this is not the right forum for these negotiations.
Ms. Sucheta Ahlawat stated that she owns a piece of property located at 137 Westley Road, and has applied for and received zoning approval to build a single family home. The lot was in the process of being cleared of trees, when she was instructed by a gentleman from the Township to cease the clearing until she received “the whole building permit”. This was in September and Ms. Ahlawat has applied for a tree removal permit, which the Township Forester determined the cost to be $4,000.00. Ms. Ahlawat tried numerous times to contact the Forester to find out why the permit is $4,000.00 and has never received a call back. Ms. Ahlawat stated that this is inconsistent with the Tree Save ordinance. Ms. Ahlawat stated that there is a lot on the same street that has never applied for the building or tree permit and they have cleared the whole lot. Ms. Ahlawat would like to know why, and if there are different rules for different people.
Attorney Convery asked for the address of the lot that has been cleared of trees, so that the Township can follow up on it.
Ms. Ahlawat stated that she knows a tree removal permit was not taken out for this lot on Westley and also on other lots on Biondi.
Attorney Convery stated that there are fees for the permit process and also fees to remove trees that are not going to be replaced. Attorney Convery suggested a appointment be made with the Forester.
Ms. Ahlawat stated that she has tried numerous times to get in touch with the Forester and her calls are never returned.
Attorney Convery asked her to call his office tomorrow and he will get the Forester on the phone and try and straighten this out.
Ms. Anita Greenberg asked for an explanation as to why the Cottrell Farm is on the forefront for preservation, after an approval for “Crossing” was granted by the Planning Board. There is an article in the newspaper stating that the homes from Legacy Grande are being relocated to the Cottrell farm and that they have begun testing the farm for pesticides and yet the administration is saying the township is preserving it.
Councilwoman Panos requested that Ms. Greenberg put her questions in writing to the Mayor and copy the council, so she is assured of an answer.
Ms. Linda Seiler addressed that council regarding the spending in the Township. Ms. Seiler expressed her disappointment in the amount of spending ($328,000.00) for improvements to the Municipal Complex. Ms. Seiler asked why certain administration personnel were allowed to upgrade their medical benefits, when the rest of the country is cutting back in benefits. Ms. Seiler also expressed her disagreement with the ordinance expanding the people that are eligible for retired medical benefits. Ms. Seiler stated that she has never received answers to any questions that she has asked.
Mayoral Appointment – Planning Board Alternate Member
Mayor Phillips appointed Ann Miller to the Old Bridge Township Planning Board to fill the unexpired term of Michael Spina who resigned because of medical reasons.
Township Clerk Rose-Marie Saracino administered the Oath of Office to Ann Miller as Planning Board Alternate # 1.
Hearing
Release/Reduction Performance Guarantee Old Bridge Funeral Home. (POSTPONEMENT REQUESTED BY ATTORNEY)
Councilman Calogera asked if the drainage issues along Jake Brown Road that are affecting the Whispering Pines Development will be addressed when this matter is heard.
Mr. Greg Valesi of CME Associates stated that this will be addressed at the hearing and has been noted on the reports dated October 2005.
President Gillespie asked how long the applicant would need to address the issues in CME's report.
Mr. Valesi stated that he did not know, because they have to identify the source of the problems that were outlined in the letter to them.
President Gillespie opened the public portion. Seeing no hands President Gillespie closed the public portion.
MOTION
to postpone to “No Date Certain and also requiring Re-notice” the Release/Reduction of Performance Guarantee of the Old Bridge Funeral Home by Mr. Calogera, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilman Baker.
Release/Reduction Performance Guarantee Kara Homes/Birch Hill.
Mr. Charles Applebaum, General Counsel to Kara Homes was in attendance representing Horizons at Birch Hill.
Mr. Applebaum stated that his client was in agreement with the recommendation of the Township Engineer (Greg Valise of CME Associates) to reduce the original bond by 64%.
President Gillespie opened the public portion. Seeing no hands President Gillespie closed the public portion.
Mr. Valesi stated that the reports are dated December 16, 2005. The developer is entitle to a reduction of the performance guarantees for Phase I improvements. CME is recommending a denial for the performance guarantee for off site improvements to Greystone Road, due to the traffic signal issue.
Councilwoman Panos asked how many of the 22 items listed on the report have been corrected.
Mr. Valesi stated that 90% of them have been addressed.
MOTION
to reduce the Original Performance by 64% by President Gillespie, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilman Baker.
ABSENT PODIUM: Councilman Testino.
MOTION
to deny the request for reduction of off-site improvement by Councilman Calogera, seconded by Councilman Volkert.
AYES: Councilmen Butler, Calogera, Greene, Maher, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilman Baker.
ABSENT PODIUM: Councilman Testino.
Attorney Convery stated that this motion will be memorialized at the next regular meeting.
Ordinance for Second Reading TABLED
TOWNSHIP OF OLD BRIDGE 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.
Moved to table until 3/13/06 by Councilman Butler, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilman Baker.
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, the Superior Court of New Jersey, Appellate Division, required uniformity among retirees in the case of Fair Lawn Retired Policemen, Plaintiff-Appellant/Cross-Respondent, vs. Borough of Fair Lawn, Defendant-Respondent/Cross-Appellant, decided April 11, 1997; and
WHEREAS, the Township of Old Bridge is required to provide 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 is required 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; and
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 One. 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, employees 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 requirement; (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 Two. 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 Three. Section 351-11B of the Township Code shall be removed.
Section Four. 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 Five. 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 Six. 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 Seven. 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 Eight. This ordinance shall take effect after final passage and publication as provided by law.
Moved to table to 3/13/06 by President Gillespie, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Councilwoman Panos: President Gillespie.
NAYS: None.
ABSENT: Councilman Baker.
Ordinance for First Reading
TOWNSHIP OF OLD BRIDGE ORDINANCE NO. 5-2006
ORDINANCE AMENDING CHAPTER 429 SOLID WASTE 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 as follows:
Section 1: Purpose
This Ordinance is enacted in order to amend Chapter 429, Waste Management, Section 429-2 Preparation for Collection and Section 429-4 Set Out Time.
Section 2: Section 429-2 Preparation for Collection is hereby amended to read as follows:
A. Suitable approved containers for garbage pickups. For the purpose of this section, a “suitable approved container” shall mean a galvanized or plastic garbage can with handles and a tight-fitting cover, or plastic bags properly tied.
E. White Goods. White goods, including refrigerators, stoves, washers, dryers, dishwashers and hot water heaters shall be picked up by appointment only. Residents must call the Public Works Department to schedule an appointment.
G. Brush. Brush (branches, woody plants that do not exceed five inches in diameter and 40 pounds) bundled and tied with string and placed at the curb, shall be picked up by appointment only, March through September, by scheduling an appointment with the Public Works Department.
Section 3: Section 429-4 Set Out Time is hereby amended to read as follows:
All approved containers shall be placed out for pick up not earlier than 5:00p.m. of the day prior to collection.
Section 4. 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 5. 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 6 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.
Moved by Councilman Butler, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Butler, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT PODIUM: Councilman Calogera.
ABSENT: Councilman Baker.
Ordinance for First Reading
TOWNSHIP OF OLD BRIDGE ORDINANCE NO. 6-2006
ORDINANCE MAKING THE PROVISIONS OF SUBTITLE ONE OF TITLE 39 WITH VARIOUS TRAFFIC REGULATIONS APPLICABLE TO BRIDGE POINTE CONDOMINIUMS AND REGULATING THE USE OF SAID ROADWAYS, STREETS, DRIVEWAYS AND PARKING LOTS BY MOTOR VEHICLES
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
The purpose of this Ordinance is to make the provisions of Subtitle One of Title 39 with various traffic regulations applicable to Bridge Pointe Condominiums and regulating the use of said roadways, streets, driveways and parking lots by motor vehicles.
Section 2: Ordinance
A representative of Bridge Pointe Condominium Association has filed a written consent with the Township of Old Bridge that the provisions of Subtitle One of Title 39 of the revised statutes of New Jersey to be made applicable to the semi-public roads, streets, driveways and parking lots at Bridge Pointe Condominiums located in the Township of Old Bridge, County of Middlesex and the following regulations shall be enforceable:
1. General Parking:
A. All vehicles must park in designated areas and between the lines provided.
B. No person shall stop or stand a vehicle upon any of the streets or parts of streets described below, expect in areas covered by other parking restrictions.
Name of Street Sides Hours Location
All Roads and Aisles Both All As indicated on Site Plan
C. Handicapped Parking
All stalls shall be 12 foot wide as shown on the site plan on file at the Clerk's Office and signed with the R7-8 and R7-8P (Reserved Parking Sign and Penalty Plate), in the designated areas for persons who have been issued the Handicapped Parking Permit by the Motor Vehicle Commission.
2. Through Streets and Stop Intersections:
A. The following streets or parts of streets are hereby designated as Through Streets, Stop Signs shall be installed on the near right side of each street intersecting the Through Street except where Yield Signs are provided for the designation.
Name of Street Limits
Alexandria Parkway Entire Length Chimney Court Entire Length Bridgepointe Drive Entire Length Capica Court North Entire Length Rozalyn Lane – Hanna Lane Entire Length (Northerly Leg)
B. Stop Intersections:
The following described intersections are hereby designated as Stop Intersections. Stop Signs shall be installed as provided therein.
Intersection Stop Sign(s) on:
Linbrook Drive & Linda Court - Linbrook Drive Harbor Bay Circle & Harbor Harbor Bay Circle - Bay Circle (Eastbound Approach)
3. Speed Limits:
A. The speed limit for both directions of travel on the following roadways are:
Name of Roadway M.P.H. Limits Alexandria Parkway 25 Entire Length All other Roads and Aisles 15 Entire Length
B. Regulatory and warning signs shall be erected and maintained to effect the above designated speed limits authorized by the Department of Transportation.
2. Tow Away Zones:
Any vehicles parked or standing as to obstruct or impede a normal flow of traffic block entrances or exit ways, loading zones, oil fills, any grassy area pedestrian walkway, or present in any way a safety or traffic hazard may be removed by towing the vehicle at the owners or operators expense.
Recommendations: a. The existing Stop Sign on Linda Court northbound at Lindbrook Drive shall be removed. b. The existing Stop Sign on Bridgepointe Drive southbound at Catherine Court shall be removed. c. The existing Stop Sign on Hanna Lane southbound at Rozalyn Lane shall be removed. d. The existing Stop Sign at Rozalyn Land southbound between Hanna Lane and Alexandria Parkway shall be removed.
That all signs, posts or other necessary materials be installed and paid for by the applicant. All signing shall conform to the current Manual on Uniform Traffic Control Devices, pursuant to N.J.S.A. 39:4-198 and N.J.S.A 39:4-183.27.
Unless another penalty is expressly provided for by the New Jersey Statute, every person convicted of a violation of this ordinance or any supplement thereto shall be punishable by the penalty set forth in Chapter 1, Article II, Penalty.
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.
Moved by Councilman Butler, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Butler, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT PODIUM: Councilman Calogera.
ABSENT: Councilman Baker.
President Gillespie opened the public portion for the Consent Agenda
Ms. Seiler spoke on Resolution 86 and 87-2006. Ms. Seiler asked if the financial data was collected on these two companies and if they met the financial requirements regarding contributions. Ms. Seiler stated that she has concerns about Resolution #89-2006 (Stanbery) and the former director of the EDC, Mr. Azzarello. Ms. Seiler wants to make sure that there are no improprieties.
President Gillespie stated that these resolutions will be separated and the questions answered when they are voted on.
Seeing no hands President Gillespie closed the public portion.
Consent Agenda
BINGO/RAFFLE
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #81-06
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:
RA 50-06 Most Holy Redeemer RA 51-06 St Bernadette's RA 52-06 Raritan Bay Medical Center RA 53-06 St. Thomas Home School RA 54-06 McDivitt PTA
Moved by Councilman Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilman Baker.
RESOLUTION AUTHORIZING SUBORDINATION OF A CERTAIN CDBG MORTGAGE FOR GERALDINE KOSINSKI
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #82-06
WHEREAS, the Township of Old Bridge received a mortgage on a certain property in connection with its Community Development Block Grant program; and
WHEREAS, the owners of the said property wish to refinance the property; and
WHEREAS, a condition of the new financing is the subordination of the existing second mortgage held by the Township of Old Bridge.
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 mortgage in favor of the Township of Old Bridge in the amount of $10,845.00 and $5,700.00 respectively may be subordinated by an additional $100,000.00 (new mortgage) on property located at 746 Hilltop Avenue, Laurence Harbor, NJ 08879 Block 20, Lot 746.11 assessed to James and Geraldine Kosinski
2. The Mayor and Township Clerk are hereby authorized to execute all such documents necessary to give effect to this subordination.
3. Any documents required to effectuate the terms of this authorization shall be approved by the township attorney.
Moved by Councilman Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilman Baker.
RESOLUTION AMENDING GREEN ACRES CEDAR RIDGE II PROJECT AGREEMENT. ACCEPTING AN ADDITIONAL $800,000.00
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #83-06
WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program (“State”) provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and
WHEREAS, the Township of Old Bridge desires to further the public interest by obtaining a grant of $800,000.00 from the State to fund the following project: Cedar Ridge Acquisition II, Project No. 1209-99-018.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that James T. Phillips or the successor to the office of Mayor is hereby authorized to:
(a) make application for such loan and/or such a grant (b) provide additional applications for information and furnish such documents as may be required. (c) act as the authorized correspondent of the above named applicant; and
WHEREAS, the State shall determine if the application is complete and in conformance with the scope and intent of the Green Acres Program, and notify the applicant of the amount of the funding award; and
WHEREAS, the applicant willing to use the State's funds in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the State for the above named project.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that
1. the Mayor of the Township of Old Bridge is hereby authorized to execute an agreement and any amendments thereto with the State known as Cedar Ridge Acquisition II.
2. That the applicant has its matching share of the project, if a match is required, in the amount of $800,000.00
3. That, in the event the State's funds are less than the total project cost specified above, the applicant has the balance of funding necessary to complete the project.
4. The applicant agrees to comply with all applicable federal, state, and local laws, rules, and regulation in its performance of the project.
5. That this resolution take effect immediately.
Moved by Councilman Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilman Baker.
AUTHORIZING THE INSERTION OF A SPECIAL ITEM OF REVENUE (CHAPTER 159) IN CONNECTION WITH THE CULTURAL ARTS GRANT
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #84-06
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 $1,890.00 with a match in the amount of $1,890.00 for the Cultural Arts Grant 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 SFY 2006 in the sum of $1,890.00 and a match in the amount of $1,890.00 for the Cultural Arts Grant which is now available as a revenue from: Cultural Arts Grant
BE IT FURTHER RESOLVED that a like sum of $1,890.00 and a match in the amount of $1,890.00 be and the same is hereby appropriated under the caption of: Cultural Arts Grant
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 Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilman Baker
Prior to the vote the following discussion took place.
Councilman Calogera wanted to acknowledge the Cultural Arts and all the good volunteer work that they do in the township.
RESOLUTION URGING ALL LEVELS OF GOVERNMENT TO MAKE SEPTEMBER 11TH A DAY OF CONTEMPLATION REFLECTION AND PRAYER, FREE FROM ALL OTHER ACTIVITIES
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #85-06
WHEREAS, on September 11, 2001, terrorists hijacked four civilian aircraft, crashing two into the World Trade Center in New York, a third into the Pentagon outside of Washington D.C. and a fourth into the countryside of Pennsylvania; and
WHEREAS, thousands of innocent people, both Americans and visitors to our shores were killed and injured as a result of these wicked and reprehensible attacks, including the passengers and crews of the aircrafts, workers in the World Trade Center and the Pentagon, bystanders, tourists and rescue workers; and
WHEREAS, these attacks were the deadliest assaults ever launched against the United States and by targeting symbols of American strength and success, were clearly intended to intimidate our nation and weaken its resolve; and
WHEREAS, we as a nation should never forget these heinous attacks; and
WHEREAS, September 11th should remain a day of contemplation, reflection and prayer; and
WHEREAS, without proper precautions and safeguards the meaning of September 11th could be lost to future generations; and
WHEREAS, allowing other public events to be sponsored, or permitted by local, state and or federal government takes away from the meaning of the day; and
NOW, THEREFORE, BE IT RESOLVED by the Township of Old Bridge has hereby determines not to allow the giving of permits and/or licenses for any activities, events or projects for September 11th; and
BE IT FURTHER RESOLVED, by the Mayor and the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that we strongly urge all the municipalities in the State of New Jersey to refrain from allowing any other activities, events or projects not devoted to the reflection of the meaning of September 11th to be held on September 11th; and
BE IT FURTHER RESOLVED, that we request of the State Government that it refrain from allowing any other activities, events or projects not devoted to the reflection of the meaning of September 11th to be held on September 11th; and
BE IT FURTHER RESOLVED that we urge our federal representatives to take the necessary steps to have September 11th named a national day of remembrance, with the urging to all other locals and states to refrain from any other activities, events or projects not devoted to the reflection of the meaning of September 11th to be held on September 11th; and
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to President George Bush, Senators Frank Lautenberg and Robert Menendez; Representatives Rush Holt and Frank Pallone; Governor Jon Corzine; Senator Joseph Kyrillos, Assemblyman Samuel Thompson, Assemblywoman Amy Handlin; The Middlesex County Board of Chosen Freeholders and to the Clerks of all the Middlesex County Municipalities.
Moved by Councilman Butler, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos.
NAYS: None.
ABSTAIN: President Gillespie.
ABSENT: Councilman Baker
Prior to the vote the following discussion took place.
Councilwoman Panos requested that the Township declare September 11th as a day of observance. Councilwoman Panos would like to see Old Bridge take the lead on this issue.
Mayor Phillips stated that there will not be any events scheduled for September 11th in the Township of Old Bridge and this resolution requests that this happen at all levels of government.
RESOLUTION AUTHORIZING CONTRACT WITH MC MANIMON & SCOTLAND, LLC AS BOND COUNSEL
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #86-05
WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of bond counsel; and
WHEREAS, McManimon & Scotland LLC, a licensed New Jersey firm, located at One Riverfront Plaza, Newark, NJ 07102, is capable and available to undertake such work; and
WHEREAS, McManimon & Scotland LLC have submitted its qualifications and proposals to the Township of Old Bridge in accordance with Municipal Regulation 002-2006 and meets all the requirements for the position of Bond Counsel; and
WHEREAS, McManimon & Scotland, LLC has received the recommendation of the Fair and Open Process Review Committee pursuant to the Fair and Open Process in accordance with Municipal Regulation 002-2006.
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. A contract for professional services in the form (on file with the Township Clerk) is hereby authorized to be entered into.
2. The Mayor and Township Clerk of the Township of Old Bridge are hereby authorized to affix their signature to the contract documents evidencing this professional contract.
Moved by President Gillespie, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, President Gillespie.
NAYS: None.
ABSTAIN: Councilwoman Panos.
ABSENT: Councilman Baker
Prior to the vote the following discussion took place.
Mr. Jacobs certified that all procedures were followed regarding the Fair and Open Process.
Attorney Convery stated that three proposals were received and all are imminently qualified. The Township chose the lowest responsible proposal.
RESOLUTION AUTHORIZING PROFESSIONAL SERVICES CONTRACT WITH RMF ARCHITECT FOR THE RENOVATION OF VETERAN'S PARK BUILDING
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #87-06
WHEREAS, the Township of Old Bridge requires the services of a professional architectural firm for the services related to the renovation of the building at Veteran's Park: and
WHEREAS, RMF Architect is a licensed New Jersey architectural firm which is recognized as capable and available to undertake such work; and
WHEREAS, RMF Architect have submitted its qualifications and proposal to the Township of Old Bridge in accordance with Municipal Regulation 002-2006 and meets all the requirements for the position of architect; and
WHEREAS, RMF Architect has received the recommendation of the Fair and Open Process Review Committee pursuant to the Fair and Open Process in accordance with Municipal Regulation 002-2006
WHEREAS, the Township Council wishes to authorize a contract with RMF Architect for purposes of providing the aforesaid professional architectural services.
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. A contract for professional services is authorized to be entered into with RMF Architect located at 19 Washington Road, PO Box 32, Princeton Junction, NJ, 08550 in the amount of $8,890.00
2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1418 certifying the existence of a sufficient appropriation to fund the said contract.
3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The township attorney shall review any and all contractual documents prepared in furtherance of this award.
This resolution is conditioned upon the following:
A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
B. Compliance by the vendor with signing the mandatory affirmative action language required by law.
C. Compliance by the vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with affirmative action employee information reporting.
No contract shall be considered awarded unless and until the above requirements are executed.
Moved by Councilman Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilman Baker
Prior to the vote the following discussion took place.
Mayor Phillips stated that he has just provided the certification for RMF Architects to Ms. Seiler for her review. Mayor Phillips stated that RMF is the only firm that submitted a proposal for this contract.
Councilman Calogera asked if we should go out to bid again since we only received one proposal.
Mayor Phillips stated that this proposal was within the estimate. If the amount was beyond what we thought was reasonable, we would put this back out to bid.
Mr. Jacobs stated that this proposal was 6% under the estimate. Mr. Jacobs does not believe that we would get any other proposals if this was put out to re-bid.
Councilman Calogera asked if we could try and lump two or three small projects together in one bid.
Mayor Phillips stated that it is difficult enough to get one bidder for one job.
Councilwoman Panos stated that she is very happy that this is finally going to be done and asked if it will be like the youth center in Laurence Harbor.
Mayor Phillips stated that Lisa Cooney had a great deal to do with what into the building and the Mayor requested that Lisa try and replicate in Veterans Park what was done in Laurence Harbor, with some improvements. Lisa Cooney and the other professionals requested the specs for the plumbing, electric and materials be written by an architect.
RESOLUTION AUTHORIZING THE MAYOR AND TOWNSHIP CLERK TO SIGN THE 2006-2008 FUNDING AGREEMENT BETWEEN MIDDLESEX COUNTY AND THE TOWNSHIP OF OLD BRIDGE FOR OPERATION OF THE OLD BRIDGE COMMUTER SHUTTLE.
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #88-06
WHEREAS, the Township of Old Bridge desires to provide a commuter shuttle service within the Township of Old Bridge; and
WHEREAS, the Township has applied for and accepted a grant and vehicle from New Jersey Transit Corporation for the purpose of creating a local commuter shuttle service; and
WHEREAS, the Township has deemed it desirable to contract with the County to have it provide a feeder shuttle service, the terms and conditions of which are set forth in the Agreement on file at the Township Clerk's Office; and
WHEREAS, the County has the ability, capacity and the desire to conduct said service for Old Bridge in return for mutual covenants and conditions; and
WHEREAS, New Jersey Transit has and will approve such an agreement between the two listed parties; and
WHEREAS, New Jersey Transit, Old Bridge and the County have deemed it advisable, subject to available funds to support said shuttle service.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Mayor and the Township Clerk are hereby authorized to sign the 2006-2008 funding agreement between Middlesex County and the Township for the operation of the Old Bridge for the operation of the Old Bridge Commuter Shuttle.
Moved by Councilman Greene, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Volkert, President Gillespie.
NAYS: None.
ABSENT PODIUM: Councilwoman Panos.
ABSTAIN: Councilman Testino.
ABSENT: Councilman Baker
Prior to the vote the following discussion took place.
President Gillespie stated that this is a very successful and well utilized service. President Gillespie stated that the township may have to look into some kind of fare box recovery for future budgets.
RESOLUTION AUTHORIZING THE MAYOR AND THE TOWNSHIP CLERK TO EXECUTE THE DEVELOPER'S AGREEMENT WITH STANBERY OLD BRIDGE LLC, FOR THE DEVELOPMENT OF A SHOPPING CENTER IN THE TOWNSHIP OF OLD BRIDGE
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #89-06
WHEREAS, the Township of Old Bridge has reached an agreement on the terms and conditions of a developer's agreement for the construction of a shopping center known as Stanbery Old Bridge, LLC within the Township of Old Bridge; and
WHEREAS, said developer's agreement provides that Stanbery Old Bridge, LLC. has been designated the developer of the development plan to build a shopping center at the project site; and
WHEREAS, the Township of Old Bridge has reviewed the terms and conditions of the developer's agreement and approves the same.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Mayor and Township Clerk are hereby authorized to sign the Developer's Agreement with Stanbery Old Bridge, LLC and the Township of Old Bridge.
Moved by Councilman Butler, seconded by President Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, President Gillespie.
NAYS: None.
ABSENT PODIUM: Councilwoman Panos.
ABSENT: Councilman Baker
Prior to the vote the following discussion took place.
Attorney Convery stated that this is a one sided agreement stating that the developer must post a $3,109,597.00 irrevocable letter of credit. This resolution is just confirming what will be posted by the company to ensure that the developer builds the site as required. There is no financial obligation of the township.
Councilman Greene asked where this development is.
President Gillespie this is located at the intersections of Route 9 and Route 18, near Texas Road and will consist of high end stores, such as Coach.
Councilman Calogera asked if this was with the Redevelopment zone.
President Gillespie stated that it was not.
EMERGENCY APPROPRIATION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #90-06
WHEREAS, an emergency has arisen with respect to snow removal and no adequate provision was made in the SFY 2006 Budget for the aforesaid purpose, and N.J.S.A. 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned; and
WHEREAS, the total sum of emergency appropriation created including the appropriation to be created by this resolution is $235,000.00
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that in accordance with N.J.S.A 40A:4-48 an emergency appropriation be and the same is hereby made for Snow Removal Salaries and Wages in the aggregate amount of $35,000.00 and Snow Removal Other Expenses in the aggregate amount of $200,000.00 and that said emergency appropriation shall be provided in full in the SFY 2007 Budget.
BE IT FURTHER RESOLVED that three certified copies of this Resolution will be filled with the Director of Local Government Services.
Moved by Councilman Volkert, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilman Baker
Prior to the vote the following discussion took place.
Councilman Butler acknowledged the Public Work Director and all the workers did an excellent job clearing the record snow fall that we had this weekend.
President Gillespie stated that this was the first time he did not receive any complaints from the residents.
RESOLUTION AUTHORIZING REFERRAL OF PROPOSED REDEVELOPMENT PLAN TO THE OLD BRIDGE PLANNING BOARD FOR ITS REVIEW AND COMMENT.
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #91-06
WHEREAS, the Old Bridge Redevelopment Agency has passed Resolution No. 05:10-01 conditionally approving “KBM Group” as the “Redeveloper” of the Lambertson and Rose Tracts subject to, among other things, the Township's final determination of the Property as “an area in need of redevelopment” and the Township “adoption of a redevelopment plan”; and
WHEREAS, Old Bridge GC Capital Partners LLC, a member of the “KBM Group” has submitted a Redevelopment Plan for the Rose Tract, Lambertson Tract and triangular Old Bridge tract consisting of approximately 218 acres for the total development of the Township Golf Course; and
WHEREAS, the Township Attorney has prepared a Memorandum dated February 22, 2006 containing his recommendation and comments concerning said Redevelopment Plan; and
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Redevelopment Plan submitted by Old Bridge GC Capital Partners, LLC, a member of the “KBM Group” be referred forthwith to the Old Bridge Planning Board for its review and comment in accordance with N.J.S.A. 40A:12-7.
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilman Baker
Prior to the vote the following discussion took place.
Councilman Testino stated that he is anxious to move this process along and bring golf to the Township of Old Bridge.
President Gillespie reminded the council members that this was a referral and not a approval of the plan.
Attorney Convery stated that he will adjust the resolution to include his memo by reference as part of the referral.
Councilman Testino moved the amendment, including the Attorney's memo, it was seconded by Councilman Butler.
RENEWING PLENARY RETAIL CONSUMPTION LICENSE #1209-33-021-007, LACEY, LLC
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #92-06
WHEREAS, the applicant listed below has applied to the Township of Old Bridge in the County of Middlesex, State of New Jersey for the renewal of their Plenary Retail Consumption License No. 1209-33-021-007 for the period of July 1, 2005-June 30, 2006; and
WHEREAS, they have complied with the rules and regulations governing the renewal of Alcoholic Beverage Consumption License and have paid the fee of Two Thousand Two Hundred Seventy Dollars and thirty cents ($2,270.30) and no objections have been received to the renewal of said license.
WHEREAS, a tax clearance certificate has been received allowing renewal of said license
NOW, THEREFORE, BE IT RESOLVED that the Clerk of the Township of Old Bridge be and is hereby authorized to issue the applicant a renewal of their Plenary Retail Consumption License for the period 2005-2006, effective February 27, 2006.
State License # Licensee 1209-33-021-007 Lacey, LLC (Inactive 1/3/05) c/o Gregory Casabona 27106 Cherry Blossom Court Lawrenceville, N.J. 08648
Moved by Councilman Butler, seconded by President Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilman Baker
Prior to the vote the following discussion took place.
President Gillespie asked where this location was.
Clerk Saracino stated that this was the Harborside Pub on Route 35, this license has been inactive since January.
President Gillespie opened the public portion. Seeing no hands President Gillespie closed the public portion.
Public Comments
None.
Council Comments
Councilman Greene stated that he thinks the Township may have to build another township commuter lot in the future. Councilman Greene stated that the Inverness Commuter lot is already full and that the township is growing and is too reliant on lease property for parking.
EXECUTIVE SESSION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #93-06
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. 10:4-12 and 13 for the discussion of the following matter or matters:
Township of Old Bridge vs. Aetna et al Global Landfill Recovery Action
BE IT RESOLVED, that this meeting shall reconvene in public session in 20 minutes.
Moved by Councilman Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT PODIUM: Councilman Maher.
ABSENT: Councilman Baker
Meeting reconvened public at 9:15 p.m.
RESOLUTION PROVIDING PARTIAL SETTLEMENT OF THE GLOBAL LANDFILL RECOVERY ACTION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #94-06
WHEREAS, the Township of Old Bridge has been involved in potential litigation regarding the Global Landfill Recovery Action; and
WHEREAS, the retained attorney for Old Bridge Township has recommended partial settlement of the matter in the best interests of the Township (See settlement recommendation letter of Marc Dembling, Esq. of Methfessel and Werbel dated February 8, 2006 on file with the Township Clerk, entitled “Exhibit A”; and
WHEREAS, this litigation has been discussed with the Township Attorney in Executive Session; and
WHEREAS, the Township Council wishes to authorize settlement of said matter.
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. Mayor, Clerk and the Township Attorney are hereby authorized to take any and all steps necessary to execute and deliver the Settlement Documents provided to the Township of Old Bridge by legal counsel, which documents are place on file with the Township Clerk
2. The Mayor and Township Clerk are hereby authorized to sign a Release and Settlement Agreement with the settling parties.
Moved by Councilman Butler, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilman Baker
MOTION
to adjourn at 9:20 p.m. by Councilman Gillespie, seconded by Councilman Butler and so ordered on an all aye vote
________________________________ Patrick Gillespie, Council President
_________________________________ Rose-Marie Saracino, Township Clerk
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