OLD BRIDGE TOWNSHIP COUNCIL
AGENDA MEETING
March 20, 2006
An Agenda meeting of the Township Council of the Township of Old Bridge was held on March 20, 2006 in the George Bush Senior Center in the Municipal Complex. The meeting was called to order by President Gillespie who asked all present to participate in a salute to the flag which was followed by a short prayer.
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 7:30 p.m. by Deputy Clerk Ward, showed the following members present: Councilmen Baker, Butler, Calogera, Maher, Volkert, President Gillespie. Councilman Greene was absent, Councilman Testino and Councilwoman Panos arrived late.
President Gillespie asked for a moment of silence for the troops serving in the Persian Gulf.
APPROVAL OF MINUTES
January 23, 2006 – Combined and Executive Session
February 6, 2006 – Combined Meeting
Moved up.
Certificates
Old Bridge Jr. Knights Hockey Pee Wee “A” Team Winner of NJ Pee-Wee “A” National Conference. (3/27/06)
Moved up.
Proclamation
April is Autism Awareness Month. (3/27/06)
Moved up.
Hearing
Release/Reduction Performance Guarantee The Grande at Old Bridge. (3/27/06)
Moved up.
Ordinances for First Reading.
FR-1 Ordinance providing for the installation and operation of a traffic control signal at the intersection of Route 516 and Owens Road.
Moved up.
FR-2 Ordinance providing for the installation and operation of a traffic control signal at the intersection of Route 516 and Gaub Road.
Moved up.
Discussion Ordinance
DO-1 Ordinance amending Section 351-11 of the Code of the Township of Old Bridge concerning paid health benefits for certain retirees.
President Gillespie stated that the Council has received back-up material for this ordinance, which includes the Appellate Decision in the Fairlawn matter.
Attorney Convery stated that this has been before the Council and is now listed as a discussion ordinance because there have been changes made of a minor and substantial changes. The minor change is indicating the Court Case and to clarify concerns that Council Volkert had. The major change is the effective date because of some information that Mr. Jacobs received.
Councilman Calogera asked how many people will the change in the effective date affect, and if there was a figure on how much this will cost the Township.
Mr. Jacobs believes that it will affect one person, but he does not know for sure.
Councilman Calogera asked what the Township will do if other people come forward. How far back is the Township willing to go? Councilman Calogera asked if the Fairlawn case involved the police.
Mr. Jacobs stated that they will be decided on a case by case basis. The Attorney will be attending the meeting where this will be heard for a second reading to answer questions that the council members may have.
President Gillespie stated that we are doing this to avoid litigation and moved this up for First Reading.
DO-2 Ordinance amending Chapter X Traffic Section 10-19
President Gillespie stated that this is requested by the Administration and a ordinance will be provided before next week and moved this up for First Reading.
Councilman Calogera stated that he requested a discussion ordinance be put on this agenda regarding amending the “Roadway Obstruction” ordinance to allow traffic calming devices to be installed on township streets. Councilman Calogera asked why this was not put on the agenda.
President Gillespie stated that he did not include that item because 173 Ticetown Road was already listed on the agenda.
Councilman Calogera stated that his request does not deal only with 173 Ticetown Road; it is meant to address a number of streets.
President Gillespie stated that he anticipated discussion of Mr. Calogera's item to be in conjunction with the 173 Ticetown Road item that is listed on the agenda for discussion. At the last meeting we requested that the traffic study that was conducted be provided to the council.
Councilman Calogera requested that this item be listed on the agenda, regardless of what is decided on 173 Ticetown Road.
ACTION ITEMS
AUTHORIZING THE INSERTION OF A SPECIAL ITEM OF REVENUE (CHAPTER 159) IN CONNECTION WITH MUNICIPAL STORMWATER REGULATION PROGRAM
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #112-06
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 $20,619.00 for the Municipal Stormwater Regulation Program 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 $20,619.00 for Municipal Stormwater Regulation Program which is now available as a revenue from:
Municipal Stormwater Regulation Program
BE IT FURTHER RESOLVED that a like sum of $20,619.00 be and the same is hereby appropriated under the caption of:
Municipal Stormwater Regulation Program
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 Baker, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Baker, Butler, Calogera, Maher, Volkert, President Gillespie.
NAYS: None.
ABSENT: Councilmen Greene, Testino, Councilwoman Panos.
Prior to the vote the following discussion took place.
Mr. Shah stated that this is a grant from the State.
Mr. Jacobs stated that this grant is in connection with the resolution for Professional Services to CME Associates.
RESOLUTION AUTHORIZING CONTINUATION OF PROFESSIONAL SERVICES CONTRACT WITH CME ASSOCIATES FOR UPDATING STORMWATER REQUIREMENTS
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #113-06
WHEREAS, the Township of Old Bridge requires the services of a professional engineering firm for updating the Township's stormwater requirements; and
WHEREAS, CME Associates is a licensed New Jersey engineering firm which is recognized as capable and available to undertake such work; and
WHEREAS, there is a need for engineering services for implementation of Phase II of the Tier A Municipal Stormwater Statewide Basic Requirements as required by the Tier A Municipal Stormwater Master General Permit; and
WHEREAS, these engineering services are a continuation of services for the Township over the five year life of the General Permit; and
WHEREAS, CME Associates provided Engineering and Planning Services for Phase I of the Tier A Municipal Stormwater Statewide Basic Requirements; and
WHEREAS, there is a need in 2006 to update the Stormwater Management Plan, adopt and implement a Municipal Stormwater Control Ordinance; provide Storm Sewer Outfall Mapping and Illicit Connection Elimination, and complete an annual report and Certification; and
WHEREAS, it is in the best interest of the Township of Old Bridge to continue with the engineering services of CME Associates to meet these Statewide Stormwater Requirements; and
WHEREAS, the Township Council wishes to authorize the continuation of a contract with CME Associates for purposes of providing the aforesaid professional engineering 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. The continuation of a contract for professional services is authorized to be entered into with CME Associates located at 1460 Route 9 South, Howell, NJ, 07731 in the amount of $39,000.00
2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1425 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 Baker, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Baker, Butler, Calogera, Maher, Volkert, President Gillespie.
NAYS: None.
ABSENT: Councilmen Greene, Testino, Councilwoman Panos.
RESOLUTION AUTHORIZING THE REJECTION OF ALL BIDS WITH REGARD TO CONTRACT #2006-22 MONOPOLE LAND & LEASE AGREEMENT
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #114-06
WHEREAS, the Township of Old Bridge solicited bids in connection with Contract #2006-22 for the Monopole Land & Lease Agreement; and
WHEREAS, one bid was received on March 16, 2006 and the lowest responsible bidder was deficient in providing the required paperwork, namely a Business Registration Certificate which is a non-waiveable deficiency pursuant to the Local Public Contracts 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 bid received with respect to the Monopole Land & Lease Agreement is hereby rejected.
BE IT FURTHER RESOLVED, that the Purchasing Manager is hereby authorized to rebid said contract.
Moved by Councilman Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Baker, Butler, Calogera, Maher, Volkert, President Gillespie.
NAYS: None.
ABSTAIN: Councilwoman Panos.
ABSENT: Councilmen Greene, Testino.
Prior to the vote the following discussion took place.
Attorney Convery stated that there was one bid received which had insufficient paper work, so it must be rejected. This is being done tonight so that we can re-advertise. This bid is a carrier to build a communication monopole on Township owned land off of Pension Road.
Consent Agenda
C-1 Bingo/Raffle
Moved up.
C-2 Resolution opposing the discharge of storm water into Lake Lefferts by the developers or successor developers and the Township of Aberdeen for the Aberdeen Forge and Mirror Lake Projects located on Route 516 in the Township of Aberdeen. (WB& ET)
Councilman Maher stated that he believes that project should also include the Township of Marlboro.
President Gillespie stated that the overall project involves Marlboro Township, but that this resolution is being sent to Aberdeen because the project is being heard by the Aberdeen Board.
C-3 Resolution requesting the County of Middlesex to adopt a highway access code for Route 516, Texas Road and Englishtown Road. (PG)
Moved up.
C-4 Resolution accepting resignation of Kevin Coletti from the Zoning Board of Adjustment. (RMS)
Moved up.
C-5 An emergency appropriation be and the same is hereby made for Snow Removal – Salaries and Wages in the aggregate amount of $10,000.00 and other expenses in the amount of $20,000.00 (HS)
Councilman Calogera asked if this is for salt and sand.
Mr. Jacobs stated that this is for outside contractors for snow removal.
C-6 Resolution to award Contract #2006-11 to Sportexe for the Geick Park Upper Baseball Field, for synthetic surface restoration in the amount of $216,700.00. (CERT. # ) (AFFIRM. ACT.) (TB)
Moved up.
C-7 Resolution requesting permission for a Dedication By Rider for COAH Fees. (HS)
Moved up.
Discussion
Discussion of 173 Ticetown Road (Safety Concerns)
Mr. Samuelson of 173 Ticetown Road was in attendance regarding the high number of accidents that have taken place in front of his property, causing damage to his lawn, fence, mailbox and shrubbery.
Mr. Jacobs stated that Mr. Cleary (The Township Engineer) and Mr. Rea (The Traffic Engineer) discussed the idea of traffic calming devices on Ticetown Road. It was decided that because of the amount and speed of traffic, it would not be feasible to install them. Mr. Rea requested all the accident reports for this location, so that he can see if there are lighting or wet pavement issues and then he will come back with specific recommendations.
President Gillespie stated that Mr. Samuelson has a wooden fence in front of his property and President Gillespie is concerned that if the Township were to install a shoulder, that would involve taking some of Mr. Samuelson's property, which is not favorable. President Gillespie asked if a steel guard rail would be acceptable in front of the property.
Mr. Cleary stated that he visited the site on Friday and also met with Mr. Rea and Mr. Jacobs this afternoon to go over recommendations. Reflectors, roughing up the surface, increased signage and guard rails were some of the options. Most accidents have been on clear days and in the middle of the afternoon. Mr. Cleary stated that the roadway is old and not as “super elevated” as it should be.
Councilman Calogera stated that there has been a problem on Ticetown Road for a long time and he is glad that it is finally being addressed. Councilman Calogera thinks that the Township should look into tree clearing on the south side, westbound side.
Mr. Cleary stated that as soon as the evaluation is done by Mr. Rea, it will be presented to the Council. Mr. Cleary feels that the improvements may need to be done in stages because of the cost factor. Mr. Cleary stated that more signage may be needed to advise the motorists before they get to the turn in front of Mr. Samuelson's house.
Mayor Phillips asked if a guard rail in front of the Samuelson's would be acceptable.
Mr. Samuelson stated that would only be a band–aid. The problem is the speeders.
Chief Collow stated that there are police, with radar posted on that road, but that they cannot be there all the time.
Mr. Samuelson stated that a guardrail would protect his property but would look terrible, and that would be his last choice. Mr. Samuelson is concerned that there will be a serious accident. Because of the pitch of the road, most accidents are in the middle of the afternoon, in dry, sunny weather. Mr. Samuelson stated that there is also a problem with visibility on trying to enter Cottrell Road from Norman Lane, which is because of the rise in the road; you cannot see an oncoming car until they come over the rise.
Mayor Phillips stated that he does not know if the whole road can be replaced and that that option may involve taking a portion of Mr. Samuelson's and other residents of Ticetown Road's property.
Mr. Cleary will report back to the Council when a report is prepared by the traffic consultant, Mr. Rea.
Mr. Samuelson suggested doing the improvements in stages.
Councilman Calogera stated that his main concern is protecting Mr. Samuelson's family and property with the installation of a guardrail.
President Gillespie stated that there are new guardrails that are being used by the State that are not very pretty, but are very effective in slowing down vehicles and channeling them away from an area.
Councilman Maher brought to the attention of the Council that the property across the street from the Samuelson's property on Ticetown Road has been illegally cleared of trees.
Councilman Maher stated that the gully is now about an eight to ten foot drop.
Mr. Samuelson stated that when that development was built they were suppose to maintain a twenty foot buffer.
President Gillespie asked for a report on this illegal clearing from Administration.
Mr. Jacobs stated that in order to implement any types of traffic calming devices, the township ordinances would have to be amended because there is an ordinance in place that prohibits this type of activity. Mr. Jacobs requested that a proposed ordinance be sent to the emergency responders before introduction for their comments.
President Gillespie suggested also that a survey be conducted of the residents of the proposed streets for these traffic calming devices.
Mr. Jacobs suggested doing that in between first and second readings.
Councilman Calogera stated that there is money set aside from the Hovnanian development for traffic calming devices. There was a survey done to the residents of Valley Vale Lane and Prest's Mill Road and they have inquired as to when something will be done.
Councilman Baker asked what the response from the residents was.
Mr. Jacobs stated that the reaction was mixed, and it was not specific. A lot of people like the idea of speed bumps until they find out it will be in front of their home.
President Gillespie opened the public portion.
Ms. Seiler asked if there have been budget workshops.
Mr. Jacobs stated that the Council is required to hold budget workshops when the budget is presented and they will be advertised.
Ms. Seiler asked for the dates and what departments are covered by Consent Agenda item C-5 (Emergency Appropriation).
President Gillespie stated that he would have that information by the next meeting.
Seeing no hands President Gillespie closed the public portion.
EXECUTIVE SESSION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #115-06
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:
Potential Litigation
BE IT RESOLVED, that this meeting shall NOT reconvene in public session in 20 minutes.
Moved by President Gillespie, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Baker, Butler, Calogera, Maher, Volkert, Councilwoman Panos, President Gillespie.
NAYS: Councilman Testino.
ABSENT: Councilman Greene.
MOTION
to adjourn at 8:40 p.m. by Councilman Gillespie, seconded by Councilman Butler and so ordered on an all aye vote
________________________________
Patrick M. Gillespie, Council President
_________________________________
Rose-Marie Saracino, Township Clerk
lq
distributed: |