OLD BRIDGE TOWNSHIP COUNCIL
AGENDA MEETING
October 15, 2001
An Agenda meeting was held on October 15, 2001 at the Municipal Complex. The meeting was called to order at 8:15 p.m. by President Maher who invited all in attendance to participate in a salute to the flag which was followed by a short prayer.
Deputy Clerk Stella Ward announced that this meeting was being held in conformance with the Open Public Meetings Act and was published in the newspaper. Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Butler, Greene, Hoff, Redmond, Sohor, Testino, Councilwoman Hegarty, President Maher. Councilman Cucchiara was absent.
PRESENTATION - 10/22/01
Presentation for two firefighters for the 100 Ticetown Road fire last year.
APPROVAL OF MINUTES
September 10, 2001/Regular
September 4, 2001/Agenda/Executive
September 24, 2001/Combined
HEARINGS - 10/15/01
H-1 Release/Reduction Performance Guarantee - Hill Estates (Report by Engineering)
President Maher: We are looking for the report from engineering and some positive statements from the residents of Hill Estates that all their concerns have been addressed. I have a letter here dated October 12th, from engineering stating that the four homeowners have been contacted and all the items relating to the bond release have been satisfactorily taken care of by the builder and they are now satisfied. The addresses of these residents are 3, 4, 8 &11 Tower Hill Lane.
Pinder Sumal: We will be taking over the detention basin and the roads after the release of this bond. They have already paid for the detention basin takeover and we have received the funds.
Councilman Testino: With regard to the takeover of these detention basins, I am personally against them, so until the Administration and the Department of Public Works tells me that they have settled all the issues with regard to taking care of them, I will be voting "no".
President Maher: I am sharing that concern. The money formula that we put together for taking over of the detention basins will run out in about twenty years and I don't know what happens then, will we be dipping into taxpayers pockets from what I am told in order to maintain those detention basins.
Pinder Sumal: There is no homeowner's association here.
President Maher: I understand that.
Councilman Testino: I know that we are committed to the previous associations, but I don't want to take on more after that one.
President Maher: Are you saying that by our vote tonight that we will agree to take over the detention basin?
Pinder Sumal: We have to take over the detention basin. The responsibility for the maintenance once released from the developer goes to the township. We have the money so we have to take over the responsibility.
President Maher: I know we have the money, but it will only carry us through for twenty years. What happens after that time? The formula that we put together which was excellent when it was done, but because of the cost of living and other factors, we need to re-look at that formula or index; it is not providing the financial benefit that we thought it was going to be and it will eventually cost the township taxpayers.
Mayor Cannon: I would just like to make one point here, there is no homeowners association. Before it went from the developer to the homeowner association to the town, here there is no association so either the developer remains infinitely in charge of it, which obviously is not going to happen, or the town, which already collected the money, and the town would have to return the money and there is no mechanism for that group of homeowners to maintain this basin.
President Maher: Why can't the developer do it?
Mayor Cannon: Do you expect the developer to stay here for fifty years and maintain the basin?
President Maher: They can put money in a trust account.
Councilman Testino: I would like to know who committed the township to taking this over before bringing it up to the Council?
Mayor Cannon: You enacted an ordinance a few years ago that states that with certain provisions that the detention basins will be taken over and a certain amount of money has to be put up, the formula was worked out and laid out in the ordinance. Going forward, it was stated that the monies would be collected up front from the developer put into an escrow account and then the township would accept those basins and maintain them and there would be no homeowner's association formed.
Councilman Testino: I would like that ordinance back on for reconsideration or revoke it and in the meantime I will vote "no".
Mayor Cannon: Then you have to give the money back and tell the people at Hill Estates you are refusing to accept the basin.
Councilman Testino: Not until you and the Road Department tell me that you have settled your differences will I vote "yes".
Mayor Cannon: There are no differences. This ordinance was given a public hearing and it was discussed. If there are problems that need to be discussed with me, I have not heard them.
President Maher: Can we put this back on for Monday, October 22nd?
Mayor Cannon: So you are going to revoke that ordinance so I can notify all the people involved because I think they should have a say in this.
President Maher: We will make that decision on Monday, October 22nd.
Councilman Hoff: Whether we vote on this now or next week, there are a couple of things to clarify. How many homes are in Hill Estates?
Pinder Sumal: Eleven.
Councilman Hoff: What is the dollar amount you have collected and what is the annual cost?
Pinder Sumal: I believe it is about $6000.00.
President Maher: The maintenance cost is about $600.00 per year, this is what I heard a few meetings ago using the rule-of-thumb for Carrington Woods.
Mayor Cannon: Carrington Woods is 25 homes, this is 11.
Councilman Hoff: Can I ask engineering to prepare a cost analysis, i.e., how much money we receive vs. how much it cost for the annual maintenance?
Councilman Redmond: Why don't we ask Rocky the cost to maintain it, he is sitting right here?
Pinder Sumal: We have to get in touch with Rocky, he is the one to make the ultimate decision.
President Maher: I want to make the point that once it made sense for us to maintain these detention basins, but because of the dialogue we had at several meetings, now it does not.
Mayor Cannon: This thing was bantered back and forth for months before you ever acted on it, the dialogue did not change.
President Maher: The dialogue came from your administration, mayor.
Mayor Cannon: Well, it was not shared with me until it was shared with the Council, I heard it afterward.
Councilman Redmond: I just want to say, when it rains and the rain falls on your lawn, where does it go? It goes into the storm drains, which are maintained by the township, are you now asking future residents of Old Bridge to worry about their own rainfall, I am just not following the logic here.
President Maher: We are talking about detention basins.
Councilman Redmond: Just what do you think detention basins are; they are part of the storm drain system.
Councilman Sohor: We made a commitment to the homeowners that we would take care of the problems and now you want to go back on it.
Pinder Sumal: Let me say that in this particular case we do not have any open spaces or tot lots or anything else for a homeowner's association to maintain, it would only be the detention basin.
Councilman Greene: I think it is a decent idea to revisit this ordinance. It is certainly a commitment on the part of the township and the other issue is we are finding developments that actually hinder the access by the township to the detention basin, we find that where there is supposed to be a road for the township equipment to get in, the homeowners put up fences, so there is a financial obligation on the part of the town as well as certain legal complications that are arising and I would like to discuss this and come to a long term solution.
President Maher: The only point the Council is making is that it is not cost effective under the existing formula that we have to maintain these detention basins and we have to revisit that.
Councilman Butler: Before we vote can I ask Pinder if he has communicated with these four residents and if they are satisfied?
Pinder Sumal: Yes, I have and their complaints have been taken care of.
Motion
Motion to release the performance guarantee for Hill Estates made by Councilman Greene, seconded by Councilman Butler and so moved on the following roll call vote:
AYES: Councilmen Butler, Greene, Redmond, Sohor, Councilwoman Hegarty.
NAYS: Councilmen Hoff, Testino, President Maher.
ABSENT: Councilman Cucchiara
H-2 Release/Reduction Performance Guarantee - Hills of Matchaponix, Inc. - (Requested postponement) Suggested New Date: Monday, January 7, 2002
President Maher: Were there residents here for this hearing and not aware of the postponement? We received this letter dated October 10th requesting that the clerk remove this item from the agenda and placed on for another date.
Councilman Testino: Can we ask the engineer to meet with these people since they are here this evening?
Pinder Sumal: Yes, I will be more than happy to meet with them. I would suggest that if they could select two people to meet with me and give me their list I will work with them.
President Maher: I suggest that you meet with them now and get a list of their concerns and we will reschedule this matter and we will have the builder renotice these residents by certified mail of the new hearing date.
Elizabeth O'Donnell: I live at 11 Eleanor Street and I would like to invite all of you people to take a ride through our development and see what we are living in. We all paid nice prices for our homes, we pay our taxes and we are trying to keep up our homes, but we are living in filth. The first week I move in I asked one of the superintendents if could put garbage pails down for the workers; we have garbage all over, the workers just throw their garbage in the street, the remains of all their meals, my dog ate pork chop bones last week, they were lying in the street. One of the cul-de-sacs looks like a war zone, the garbage is just thrown and left, some of our neighbors won't let their children play in the neighborhood because of the danger.
President Maher: Mayor, can we get code enforcement and public works to go out there and see what we can do?
Mayor Cannon: We will get code enforcement to go out and get it cleaned up.
President Maher: Pinder, I want you to provide a report of all these residents complaints and make sure that we have it for review.
HEARINGS - 10/22/01
H-3 Release/Reduction Performance Guarantee - Presidential Estates ( Requested Postponement) Suggested New Date: Monday, January 14, 2002 at 8:00 p.m.
H-4 Resolution confirming Township Engineer's Report on Sidewalk Reconstruction Costs.
Move-up
CONSENT AGENDA:
C-1 Lakeridge Third Annual Halloween Parade - Saturday, October 27, 2001 at 12:00 noon (Rain date: Sunday, October 28, 2001)
C-2 Bingo/Raffle (RA73-01) Mid-Madison Women's Club; RA74-01 Mid-Madison Women's Club; RA75-01 Catholic Daughters of the America; RA76-01 Interfaith Network Care; RA77-01 Interfaith Network Care; RA78-01 Catholic Daughters of the America.
DISCUSSION RESOLUTION
DR-1 Resolution authorizing award of Contract #01-21 to Mario's Concrete Paving Co., Inc. I the amount of $51,065.00 for drainage improvements at Bunker Hill Drive (CERT. #994)(Affirm. Act.)
Move-up
DR-2 Temporary Budget Appropriations for Fiscal Year 2002 - Current Budget in a total amount of $1,672,700.00
President Maher: Let me ask the Council, have all the budget hearings been completed?
Councilman Redmond: We have Recreation on Wednesday and the Clerk's office, we will set up a date.
Move-up
DR-3 Schedule of Township Council Meetings
Move-up
DR-4 Carrington Woods Detention Basin Take Over
Move-up
DR-5 Resolution authorizing the Township to pay the difference between Military Pay and Township Pay.
Move-up
Alayne Shepler: As you know, we have two police officers who have been reactivated and the policy in the past is that you pay them the difference between their normal township pay and the military pay. The total would amount to what they would normally be paid on a biweekly basis.
DR-6 Resolution authorizing cancellation of Taxes of Exempt Property Taxes and Erroneously Sold Tax Sale Certificate on Exempt Property owned by the State of New Jersey Department of Transportation
Move-up
LIQUOR LICENSE
LL-1 Person-to-Person Transfer - Consumption License #1209-33-032-003 to Briad Restaurant Group, L.L.C. t/a T.G.I. Fridays.
Move-up
ORDINANCE FOR SECOND READING
ORD. #50-01 - Ordinance Accepting Woodhaven Village Open Space Dedication
Alayne Shepler: I have provided you with a report and a verification from Sam Rizzo
Move-up
ORDINANCE FOR FIRST READING
FR-1 Ordinance Amending Land Ordinance - Requires residential development under 25 units to have 2 points of access when required in the interest of health, safety and welfare.
President Maher: We held this before because Sam had some concerns am I correct?
Mayor Cannon: I was not aware that he had a problem with it, we passed it at the planning board and he did not have any objections.
Councilman Greene: I had asked that this be held over because I did not have any back-up to substantiate why a development of 25 houses or less needed this access. I really feel that in some cases it may be good because it restricts traffic. It appears that it gives the township engineer the discretion and I am not sure I want to do that.
Mayor Cannon: In the interest of health, safety & welfare it should be done.
Councilman Greene: I think it is too arbitrary.
Councilman Redmond: Do we require developments over 25 units to have two accesses?
Mayor Cannon: Yes and we are doing the under 25 units because it was pointed out it can be hazardous or a safety problem even if it is under 25 and they want to give that discretion to the engineer at least they would have that option.
Attorney Condon: It is an option it is not mandatory and not unbridled and it has to be based on reasons dealing with health, safety and welfare.
Mayor Cannon: It could be a plus or a detriment depending on the location of the homes.
Councilman Sohor: If a builder wants to put in two entrances he can do so, this is just giving the township the option to require it if the design is such that health and safety would require it and it would be on the recommendation of the fire commissioners.
Move-up
FR-2 Ordinance making Title 39 applicable to Old Bridge High School West Campus
Councilman Redmond: This was up once before and there are lots of problems with it and all these problems have to be worked out before we go through this again.
Councilman Sohor: The problems have not been worked out, we still do not have the site plan and there are other things to be worked out.
No Action
DISCUSSION ORDINANCE
DO-1 Recommendation for Ordinance from Planning Board - Memorialized resolution for Identification Signs for Parcels of Proposed Subdivision and/or Site Plans
Councilman Sohor: I got this started. Some months ago I proposed an ordinance that would require the posting of signs for any property that a developer had pending before the zoning board. Sam has found some examples of signs as to how this is being done in other places and he thinks it can be made to work here. It would be best to have him here to show us what he has found. The planning board has already recommended this to the Council and they want us to go forward with this ordinance.
Councilman Redmond: Could we require the builder to do this as part of his notice?
Mayor Cannon: There were some questions about the legality of this. We want it to be very straight forward and you can use generic signs and there is really no information given regarding the subdivision. It just states that you can call the planning office for further information. The builder will pay for the sign.
Move-up
DISCUSSION
D-1 Vacation of Dock Road
Alayne Shepler: If you remember some time ago we proposed that the portion of Dock Road that is not just a grassy area be vacated and as normally happens in a street vacation the parcels that are to be vacated are given to the contiguous homeowners. Mr. Hoff raised an objection to that because we were giving away taxpayers dollars. I had Brian go back and try to figure out how we could come up for a value as to what these parcels would be worth. In your packet there are 5 parcels, two are commercial and the others are individual homeowners who benefited from the relocation of the new "Dock Road" so to speak. The value for WaWa would be $21,000 and Pine Tavern would be $8400, the others are the homeowners who got new driveways and new pieces of property. Personally, it seems to me very unfair to go to WaWa now and tell them thank you for the beautifully new road and the traffic light and the realignment, however we are going to vacate the property and you have to now pay $21,000.00. From the standpoint of everyone including the police department this is a very good thing that was done.
Councilman Hoff: Did they pay for the traffic light and the road?
Alayne Shepler: Yes they did, they paved the road and the entire cost of the traffic light was paid by WaWa.
Councilman Hoff: Why wasn't Dock Road left the way it was?
Mayor Cannon: This has been an ongoing issue for a number of years. The fact that those two roads were not aligned and it was exacerbated when the traffic light went up because then people coming out of Dock Road had no way of making a left turn onto Rt. 34. The traffic backed up waiting for the signal and the problems with the light further down at Madison Gardens, which has been a plus in some ways did create problems coming out of Washington and Athens Roads, so more and more people were using Dock Road and now they were cut off again and it was in the plans for some years to realign those roads to form a "T" intersection with Rt. 34.
Councilman Hoff: Going out Cottrell Rd. to Rt. 34, that light is causing a problem now. Before you could get onto Cottrell by the food stand and now you can't.
Alayne Shepler: You can still do that. They did not change that, you just meld into the oncoming traffic the same way you always did.
Councilman Hoff: You have less room now.
Mayor Cannon: The light serves a purpose, there were a number of accidents there and I think that it helps a lot.
Councilman Hoff: I don't know why you wanted all these changes. I am not happy with rearranging roads and adding traffic lights.
Rocky Donatelli: It is very important, Joe, that this road was realigned, we had a lot of problems especially during the snow storms and the main problem was all the people in Central Park were having a hard time getting in and out of that road. It has made the road safer and one of the best road improvements that we have had in Old Bridge. If you will remember, before during snow storms I had to put up barricades.
Councilman Hoff: I am not talking about the road itself, I am talking about the road down from the light to Dock Road.
Rocky Donatelli: The realignment of the road is great Joe because if we did not have that we would have all the people from Central Park come down going south and trying to get in there, it was really kind of rough.
Councilman Testino: I don't have a problem with vacating the road, what I have is a problem vacating and then have someone come back before the Township and ask for something else to be put on that corner because I think that corner is congested enough. Can we deed restrict that property?
Alayne Shepler: The Pine Tavern has approached the WaWa and I know it is there intention to ask for an expansion of their premises.
Councilman Testino: I just said that corner was too congested.
Alayne Shepler: In other words, the Pine Tavern should not expand. That is the only thing that could go there.
Councilman Testino: I'm talking about the parking. Yes, it is a great idea to let Pine Tavern develop, but between their piece and the piece from WaWa they could put up a whole other building, then we have a whole other operation.
Attorney Ruggierio: You could restrict it for parking only, or expansion of the current property.
President Maher: Let them put it on their property not right on the highway. That is not a good location anyway.
Mayor Cannon: It is the only decent restaurant in town and I don't understand what your problem is?
President Maher: Where is this coming from? I think a decision has been made.
Councilman Redmond: I want a list of all the restaurants in town and I am going to see that they know that the Pine Tavern is the only decent restaurant in Old Bridge.
President Maher: Do we have that quote unquote, the Pine Tavern is the only decent restaurant in town? Can we make sure that quote is in the Suburban?
Mayor Cannon: I think we should have an equal quote from the Council saying we don't want a thriving business to expand.
Councilman Redmond: I'll be honest with you, I have no problem with the Pine Tavern expanding, my problem is I don't think it should expand at the Old Bridge taxpayers expense. If they want to expand on that land, then let them buy it from the town, why do we have to give it to them?
Alayne Shepler: You can sell it to them for $8400 and you can sell WaWa for $21,000. Frankly, WaWa's action is going to be "no thanks".
Councilman Redmond: Then we'll keep it.
Councilman Sohor: Then we have to maintain it.
President Maher: I think we have several options.
President Maher: Is there support to move this up? Seeing no second, it fails.
BONDING OF ROADS - Cedarview Estates
Councilman Butler: This was supposed to be on the agenda for tonight. Since it did not make the agenda I would like to put it on for the next agenda and have the mayor ask the engineering department to prepare information to take care of the problems that we have been neglecting for the past ten years.
Mayor Cannon: Do you want to go after the bonds on this of we have to file suit?
Councilman Butler: Whatever needs to be done must be done.
Councilman Testino: Bill will you be ready on this?
Attorney Ruggierio: Yes.
SET DATE
SD-1 Release/Reduction Performance Guarantee - Toubin Realty/CVS (4000 Rt. 9 & Texas Road - Application #86-99Z) Suggested Date: Monday, December 17, 2001 at 7:30 p.m.)
Move-up
APPOINTMENTS
A-1 Ethics Board
President Maher: We received a memo from Rose-Marie, we are getting a lot of pressure from the Ethics Board for us to make those additional appointments. I know that we have several resumes.
Move-up
Motion to adjourn made by Councilman Redmond, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Greene, Hoff, Redmond, Sohor, Testino, Councilwoman Hegarty, President Maher.
NAYS: None.
ABSENT: Councilman Cucchiara
_____________________________
Dennis M. Maher, Council President
_____________________________
Rose-Marie Saracino, Township Clerk
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