An Agenda Meeting of the Township Council of the Township of Old Bridge was held on March 6, 2006 in the Municipal Complex. The meeting was called to order by Vice-president Baker who asked all present to participate in a salute to the flag which was followed by a short prayer. He asked for a moment of silence for our troops in harm's way who serve abroad and home who protect our freedom each and every day.
Deputy Clerk Stella Wad announced that this meeting is being held in conformance with the open public meetings act. Notice has been given to the newspaper and notice of the meeting has been posted in public places. Next open public meeting of the Council will be held on March 13, 2006 at 7:30 p.m.
Roll call at 7:30 p.m. by Deputy Clerk Stella Ward showed the following members present: Councilmen Butler, Calogera, Greene, Maher, Volkert, Vice-president Baker. Councilwoman Panos was absent. Councilman Testino arrived at 7:45 p.m. and President Gillespie arrived at 7:38 p.m.
APPROVAL OF MINUTES (March 13, 2006)
January 23, 2006 – Combined Meeting
PRESENTATION – (3/13/06)
Certificates for R.O.B.I.N. Speedskating (Certificates for medal winners, coaches, & staff of Robin Team which competed in NJ Special Olympics, Morristown, N.J. on January 30-31, 2006)
HEARING
H-1 Release/Reduction Performance Guarantee The Grande at Old Bridge
Attorney Convery stated that late this afternoon there was a call from a representative of CME, Jim Winckowski who indicated that there are certain outstanding issues that CME is concerned about on behalf of the town in regard to The Grande at Old Bridge regarding a bond reduction. He further stated that after the discussion there was a written request from D.R. Horton requesting a short adjournment in the hearing until Monday, March 20, 2006. He stated that since it is not in the town's best interest to go ahead tonight the hearing be relisted for March 20, 2006 and that is with the consent of CME.
Vice-president Baker opened the public portion. Seeing no hands, Vice-president Baker closed the public portion.
Councilman Maher questioned if it is necessary to renotice the hearing.
Attorney Convery states that CME thought it would be in the town's best interest to carry this. He further stated that if D.R. Horton has provided the notice that is required then it should be carried without additional notice. If for any reason there is a defect in D.R. Horton's notice he will notify them immediately and they will have to renotice for March 20th.
Councilman Calogera suggested that if there are circumstances causing the postponement due to deficiencies in the work that wasn't done or whatever the case may be, in order to benefit the public, we should always renotice.
Attorney Convery stated that he feels it is at the Council's discretion. If the Council wants to we would have a motion to relist to the 20th
Deputy Clerk Stella Ward informed the Attorney that the notice has to go out 20 days before the meeting.
Attorney Convery suggests leaving this on the Agenda for the next meeting which is March 13th with the understanding that it will be carried to a later date and that will give us the opportunity to discuss with CME and the representative of The Grande how much time is needed for CME to do full report. He further stated that a vote will not be taken at the meeting on March 13th.
President Gillespie stated if the period of time is so extended, an additional notice requirement would be imposed.
ORDINANCES FOR SECOND READING
ORD. #03-2006 Establishing municipal regulations governing the maintenance of retention, detention & recharge basins.
Moved Up
ORD. #04-2006 Amending sections 351.11 of the Code of the Township of Old Bridge concerning paid health benefits for certain retirees.
Councilman Volkert stated that each bargaining unit that we have in Old Bridge is worded differently. He raised the question--if the Captains, the FOP and the PBA each have a particular benefit that no one else has, which one are we going to go by and how will we decide which benefit is for everybody and will the wording be changed in the bargaining units that have a different wording. He further stated that he would like to see a copy of the judge's decision from the municipality that brought this about.
President Gillespie stated that he believes that if the issue is that we have different contracts that have different wording, once this ordinance is adopted it will clearly prevail.
Councilman Volkert stated that our bargaining units generally have disclaimers in them about who is covered by the bargaining unit. He would like to know if other municipalities have disclaimers. He stated that he is concerned about the financial impact on Old Bridge if benefits are given out to everyone with 15 years.
M. Jacobs, Administrator, stated that Statute as it is drafted, allows the town to go by retiree benefits under four separate conditions.
Councilman Greene: Stated that he objects to someone with fifteen years of service getting medical benefits.
M. Jacobs, Administrator, stated that the resolution that was adopted is not consistent with the Statute. The Statute does provide the opportunity to adopt something where if you've reached the age of 62 with 15 years of service you would have single medical benefits. That is in two of the collective bargaining agreements. The Court ordered that if you provide the benefit to anyone you have to provide it to everyone. There are 4 categories, three of them are provided to some of our bargaining units. According to that court's decision we have to provide it to all employees.
Mayor Phillips recommended having another executive session regarding this matter and at that time having labor counsel, Matt Giacobbe, there.
President Gillespie agreed and recommended that all Council members be there so that any questions they may have can be answered.
Attorney Convery suggested leaving this on the agenda for March 27th and add an Executive Session for next Monday which would have to do with anticipated litigation, and then while in Executive Session any questions regarding possible litigation could then be directed to the labor counsel who will be present at that time.
Councilman Greene suggested having the Labor Counsel present during a portion of the meeting to give the public an overview of why he feels we should be doing this.
Mayor Phillips stated that new information was received today and Mike Jacobs will distribute it to the Council.
ORD. #05-2006 Amending Chapter 429-4 of the General Code – (Change to read: All approved containers shall be placed for pick up not earlier than 5:00 p.m. prior to collection)
Moved Up
ORD. #06-2006 Making the provisions of Subtitle One of Title 39 with various traffic regulations applicable to Bridge Point Condominiums and regulating the use of said roadways, streets, driveways and parking lots by motor vehicles.
Moved Up
Mayor Phillips spoke about the police officers who will be retiring, Lt. Crowley, Sgt. Hayes, Sgt. Kanig, Sgt. Cherney, and Sgt. Laforte. In addition he stated that this past week two Sergeants were made, Officers Dougherty and Cavasin. Lt. Crowley will be replaced by Sgt. Stader.
CONSENT AGENDA
C-1 Bingo/Raffle
RA56-06 N.J. State Elks
RA57-06 Carpenter School
RA58-06 Carpenter School
RA59-06 Carpenter School
RA31-06A St. John Vianney PTA
Moved Up.
C-2 Resolution Chapter 159 Drunk Driving Enforcement Grant in the amount of $4,977.00
Moved Up
C-3 Memorialize Reduction of Performance Guarantee Horizons at Birch Hill/Phase I
Moved Up
C-4 Memorialize Denial of Reduction for any off tract improvements for Horizons at Birch Hill
Moved Up
C-5 Board of Fire Commissioner (District 3) Resolution requesting use of vacant Township house on Marlboro Road for fire training purposes.
President Gillespie asked if they would be conducting live fire training.
Bob Verney, Chief of South Old Bridge Fire Department stated that they would like to use this property for fire training purposes, not including live fire training.
Councilman Maher questioned if this training could be conducted at the Sayreville Fire Academy.
Chief Verney stated that it could not because the Sayreville Fire Academy is made out of cinder block
President Gillespie confirmed that in the material that was in the Council packets it was stipulated that the district would hold the Township harmless.
Chief Verney stated that he also has a copy of that documentation. He further stated that the hold harmless agreement was put together by the Board's Council and the insurance company.
Attorney Convery instructed Chief Verney to give that paperwork to M. Jacobs and that he would review it with Mike.
Councilman Greene stated that Councilwoman Panos supports this. He further stated that whatever he and Councilwoman Panos could do for the Fire Company they would be glad to do.
Councilman Testino stated that he is familiar with this process in other municipalities and that it is a good training tool.
Councilman Calogera thanked Bob Verney for doing this and stated it is a great idea and they're doing a great job.
C-6 Resolution awarding Professional Service Contract #2006-15 to CME Associates for the Environmental Evaluation of the Nike Site. Phase I Environmental Assessment in the amount of $3,860.00 and Phase II Environmental Site investigation in the amount of $56,590.00 (CERT. # ) (AFFIRM . ACT.) (The Fair & Open Process was utilized in developing the recommendation for this contract).
Moved Up
C-7 Resolution to award Contract #2006-18 Video Surveillance System to in the amount of $ (CERT# ) (AFFIRM. ACT) (The Fair & Open Process was utilized in developing the recommendation for this contract)
Attorney Convery stated this was a bid process and the line that reads Fair & Open Process should be crossed off for the regular agenda. The low bidder is Access Systems Integration, 1 Bethany Rd., Suite 40, Hazlet, N.J. 07730. The low bid, the total price is $16,750.00. That should be added to the agenda description.
C-8 Resolution to award Contract #2006-21 Pension Road Park Cricket Field to CME Associates in the amount of “Not to Exceed” $11,200.00 (CERT. # ) (AFFIRM. ACT.)
Councilman Maher stated he had a question for Himanshu. He stated , “In all the Fair & Open Process review committee you have been abstaining or recusing yourself. Would you want to put it on the record for why?”
H. Shah stated he hasn't been recusing for all of them.
Mayor Phillips stated that Himanshu would be abstaining on all things regarding CME for one reason. His son is an aspiring architect and has requested summer employment and CME is a potential hirer. He doesn't want to put himself in a position where he approves a contract for CME and then his son either does get the job, in which case he would have an ethical problem, or doesn't get the job and would have a problem at home. Therefore, Himanshu is abstaining or recusing himself from anything to do with CME at this point in time. Someone else from the financial staff is sitting in. The main purpose for having Himanshu as a member of all of these meetings is that we never want to be in a situation where we were awarding a contract and then not having the financial resources to fulfill it. That's why someone from finance will always be a member of the committee.
President Gillespie questioned that since C-8 was below the bid threshold was that a Fair and Open Process or was it a Professional Services Contract.
Administrator Jacobs responded that it went through the Fair and Open, there is no bottom number on the Fair & Open Process.
C-9 Resolution requesting permission for a Dedication by Rider in regards to Developers Escrow/Tree Removal Program
Moved Up
C-10 Resolution granting permission for the acceptance of sealed bids for one Plenary Retail Distribution License (Minimum Bid $280,000.00) Bid date: Wednesday, June 14, 2006 at 10:00 A.M.
Moved Up
C-11 Resolution authorizing Interlocal Agreement with the Board of Education to Perform an environmental study of the Nike Site.
Moved Up
C-12 Resolution awarding Professional Service Contract #2006-16 For Mannino Park Phase I Park Development in the amount of $ . CERT. # ) (AFFIRM. ACT.) The Fair & Open Process was utilized in developing the recommendation for this contract.
President Gillespie stated that has to be filled in.
Administrator Jacobs stated that the name of the firm is Kinsey Associates; the same people as C-13.
Moved Up
C-13 Resolution awarding Professional Service Contract #2006-19 Veteran's Park Tennis Court & Handball Court Lighting & Cliffwood Beach Basketball Lighting to Kinsey Associates in the amount of $20,000.00 (CERT.# )(AFFIRM. ACT.) The Fair & Open Process was utilized in developing the recommendation for this contract.
Moved Up.
President Gillespie opened the public portion. Seeing no hands, President Gillespie closed the public portion.
EXECUTIVE SESSIONS
ES-1 Release of Deed Restrictions on Lot 48 in Block 2081 Eric Salant, 43 Oliver Street upon payment of “Reasonable Consideration” Note: Lot is presently Zoned R-5, was zoned R-7 when deed restriction imposed.
President Gillespie asked Attorney Convery to give us the reasons for our Executive Session.
Attorney Convery stated this is an issue regarding the possible release of a deed restriction on Lot 48 which came from Eric Salant through his attorney, Jonathan Heilbrunn, who has indicated he wants to pay reasonable consideration for this release. He further stated that this could lead to anticipated litigation over the rezoning of the property.
ES-2 Authorizing the proposed vacation of a portion of Avon Street.
Attorney Convery stated there is paperwork from Stan Sumski and his attorney regarding his desire to have a portion of Avon Street vacated. He has indicated that he would be in a position to possibly compensate the town for that vacation.
EXECUTIVE SESSION AT 8:25 p.m.
RESOLUTION #95-06 Authorizing an Executive Session
BE IT RESOLVED by the Township Council of the Township of Old Bridge that the public shall be excluded from this meeting pursuant to N.J.S.A. 10:4-12 and 13 for the discussion of the following matter or matters:
ES-1 Eric Salant 43 Oliver Street
ES-2 Stan Sumski Avon Street
BE IT FURTHER RESOLVED, that this meeting shall reconvene in public session in 20-30 minutes and that the minutes or other record of these discussions shall be available to be disclosed to the public in sixty (60) months unless a sooner date is determined by vote of the governing body at a public session.
Moved by Councilman Butler, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Baker, Butler, Calogera, Greene, Maher, Testino, Volkert, President Gillespie.
NAYS: None.
ABSENT: Councilwoman Panos
Meeting reconvened in public session at 8:40 p.m.
MOTION
to adjourn at 8:41 p.m. by Councilman Greene, seconded by Councilman Butler and so ordered on an all aye vote.