Old Bridge Township Council
Combined Meeting
December 17, 2001
A Combined Meeting of the Township Council of the Township of Old Bridge was held on December 17, 2001 in the Municipal Complex. The meeting was called to order at 7:40 p.m. by Vice President Butler who invited all to participate in a salute to the flag followed by a short prayer.
Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Cucchiara, Greene, Redmond, Sohor, Vice President Butler. Councilman Hoff, Councilwoman Hegarty and President Maher were absent. Councilman Testino arrived at 7:50 p.m.
Presentation.
Mayor Cannon presented plaques to outgoing Councilmen Cucchiara and Sohor and commended them for their dedicated service to the Township of Old Bridge during their terms of office from 1994 - 2001 and 1998 - 2001, respectively.
Civic dedication is the measure through which achievement is attained, and therefore, the strength of every community. Thank you for your unselfish devotion to the Township of Old Bridge by sharing in its growth and success.
Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Tuesday, January 1, 2002 at 11:30 a.m. which is a reconvened meeting followed by a reorganization meeting at 12:00 p.m.
No. 578
Approval of Minutes.
RESOLUTION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that: the following minutes are hereby approved:
November 8, 2001 Combined/Executive
Moved by Councilman Cucchiara, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Vice President Butler
NAYS: None.
ABSENT: Councilmen Hoff, Testino, Councilwoman Hegarty, President Maher.
Subsequent to the roll call vote the following discussion took place.
Councilman Sohor: The next public meeting of the Township Council will be December 27, 2001.
Vice President Butler: The public meeting on December 27 will include passage of the municipal budget and a discussion on insurance.
No. 579 Bill List.
RESOLUTION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the Business Administrator has the responsibility of approving all bills and 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 December 17, 2001 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 December 17, 2001 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $1,400,776.28 (Accounts Payable).
Moved by Councilman Sohor, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Vice President Butler.
NAYS: None.
ABSENT: Councilmen Hoff, Testino, Councilwoman Hegarty, President Maher.
No. 580 Bill List.
RESOLUTION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the Business Administrator has the responsibility of approving all bills and 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 December 17, 2001 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 December 17, 2001 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $1,038.24 (Accounts Payable).
Moved by Councilman Sohor, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Vice President Butler.
NAYS: None.
ABSENT: Councilmen Hoff, Testino, Councilwoman Hegarty, President Maher.
Report of the Attorney.
Attorney Ruggierio: I have requested adding to the agenda issues with regard to Cedar View, specifically completing the punch list and monetary compensation for the insufficient pavement. There is a resolution before you tonight. With respect to Segal & Morel (Yardley Manor) too many things have occurred to discuss this evening. We appear to have reached the end of the road. I have placed a resolution before you dealing with a settlement that has been reached endorsed by the president of the homeowners association. I did receive a phone call from the president of the association who endorses the resolution, but thinks that there should be notice to the association before the resolution is adopted so that he can notify his own members. I ask that we give notice to the homeowners association of the intent to adopt this resolution if the council agrees with the settlement.
The Cedar View matter involves a number of issues, one of which is the punch list items which include items of deficiency. It was the developer's obligation to install bonded improvements; there are insufficiencies in making those installations (either a failure to install them adequately or to install at all or there are problems with the installations that require repairs.) I put before the council a resolution that called upon the developer and its surety to show cause before the council as to why these bonds should not be declared in default. The response from the developer indicated that they were willing to perform the items listed in the resolution. I remembered a monetary compensation in connection with the failure to install a sufficient amount of pavement that was not completed and not listed in our resolution. I negotiated a settlement of the monetary part of it with the understanding that the developer must, in order to get his bonds released, finish the repair or remediation of the items at the site which were listed in our resolution and allow us to retain a sufficient amount of money. I am recommending that we retain the original $25,865 that was proposed to be held at the time that this originally came up for a bond release. Our engineering department estimates about $30,000 to put that paving in at current prices, but for a difference of $3,200, it does not make sense to continue a dispute over this.
I hope you accept my recommendation on the settlement. As for the bonded items, the developer agrees that it will continue to remediate and repair these items. I propose adopting the resolution which states that if they do these things to the satisfaction of the engineering department, and if they sign the resolution indicating that we can retain $26,800 as compensation for the failure to install full pavement at the site, that would be an adequate resolution of the dispute.
Mr. Malpede indicated that the quality of the work is not good. To the extent that "shoddy" work is being performed, I believe that council will not approve a bond release. It would be helpful if we could give detail to the developer about the nature and extent to which the work is "shoddy". When the issue came about with respect to monetary compensation at the last meeting, the contractors doing the repair work pulled off the job. I have been told by an attorney today that his client is pleased with the language of this resolution. If passed, the repairmen will be out tomorrow. The work will be subject to the approval of our township engineer.
Vice President Butler: I thought that when anyone was doing any work in a development, they should coordinate with the president of the homeowners association.
Attorney Ruggierio: That is not required as a matter of procedure, but it is a good idea. We made sure that they work was coordinated with our engineering department.
Mr. Malpede: The township engineer passed work that is not perfect. On Shelly and Avery Drives, the road was not patched properly. There are sections where the repair is lower than the original street. Our problems go back to 1988. We want the township to take over the roads.
Mr. Vincenti: Our inspectors are not satisfied with the quality or quantity of the work performed. Our recourse is to get the contractor to do the work properly. Our inspectors have had contact with the contractors last week. The contractors advised us they were pulling off the job because there was no meeting of the minds with respect to the monetary issues referred to earlier.
Vice President Butler: When are they returning to complete the work?
Mr. Vincenti: They will be at the site tomorrow. This is not a one-day fix.
Vice President Butler: I will expect a report at the next meeting.
Councilman Redmond: Is the developer making the repairs?
Attorney Ruggierio: The developer, in order to avoid a bad outcome where there would be a declaration of default of its bonds, has indicated that the work will be done to the satisfaction of our engineering department.
Councilman Redmond: The monetary issues are between the developer and the contractor?
Attorney Ruggierio: When we gave them the resolution which listed the punch list items, they were willing to do this. They asked that I confirm that those listed were all the items. I wrote back that those were all the items except there is an issue of $26,800 that is due the township for insufficient pavement thickness. Until the lawyers came to a meeting of the minds, they pulled their contractor people off the job.
Motion
to accept the Report of the Attorney made by Councilman Redmond, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Testino, Vice President Butler.
NAYS: None.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher
No. 581
Clarifying punch list and settling cash amount to be retained because of paving thickness deficiencies at Cedar View.
RESOLUTION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the Township of Old Bridge has previously adopted a resolution requiring that the obligors and sureties of the development known as Cedar View show cause as to why their obligation to adequately install improvements (punch list items) should not be considered a default of performance guarantees; and
WHEREAS, there is also a paving thickness deficiency on roads at the development which is best resolved by retention of cash in lieu of actual replacement or repair; and
WHEREAS, the developer has indicated its willingness to complete punch list items and consent to a settlement of the cash to be retained; and
WHEREAS, the Township Council wishes to adopt a resolution agreeing to the terms of the settlement.
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 hearing to determine whether the obligors and sureties should suffer a default of their performance bonds because of a failure to install punch list items and to complete streets within the development known as Cedar View is hereby adjourned to the January 7, 2002 meeting of the Township Council.
2. The Township Council does hereby specifically agree that if the punch list items listed in its previous resolution are fully and completely repaired or replaced as deemed necessary by the Township Engineer and the cash settlement amount listed in this resolution is retained under agreement with the developer, the performance guarantees set forth and listed in the previous resolution shall be released subject to the posting of maintenance guarantees.
3. The township will accept the cash settlement from the funds on deposit with the township in the amount of $26,835.50 in lieu of any work undertaken to remedy the pavement thickness deficiency at Cedar View.
4. This resolution constitutes an offer to settle all outstanding issues concerning the punch list and pavement deficiency issues at Cedar View. In the event the developer actually performs the punch lists items listed in the previous resolution and sends a written agreement to allow the retention of $26,835.50 from the cash funds on deposit with the Township by the new return date of January 7, 2002, the Cedar View Estates performance guarantee claim shall be deemed settled, resolved, and fully satisfied.
Moved by Councilman Sohor, seconded by Councilman Cucchiara and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Testino, Vice President Butler.
NAYS: None.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher.
Subsequent to the roll call vote the following discussion took place.
Councilman Testino: If they (punch list items) are complete on January 7, and we get the cash turned over, could we schedule their roads for repaving?
Attorney Ruggierio: You may want to consult with the engineer and Mr. Donatelli as to whether this is an appropriate way to proceed. I don't know what the answer is, but I think it may be prudent to hold the money until the repairs are more necessary than they are at this point.
Councilman Testino: I will ask for a report as to how necessary the repairs are.
Attorney Ruggierio: The punch list items are going to be addressed subject to the review of the township engineer. You will need advice as to whether this is a public works project. The work will have to be addressed to the satisfaction of the engineer prior to the January 7 meeting. These are not going to be new and perfect roads, but someone may advise that it may be five to seven years before we have to address this with a major repair. Perhaps it may be better to hold the $26,835 in our pocket until that time as opposed to doing a premature fix.
Councilman Testino: Why not get reports for January 7, and then we will figure it out.
Preliminary public comments to the council.
Mr. Cerra: For the past ten years the administration of the police department has come before you to tell you that we are short in our number of police officers. You approved twelve additional police officers to bring our number up to one hundred fifteen. Currently, we have one hundred three. The number of police officers in a town are measured in terms of two per one thousand residents. If that were the case, we would have one hundred twenty-one police officers. The state average is 2.46; if that were so, we would have one hundred forty-eight officers. The county average is 2.07; if that we do, we would have one hundred twenty-five officers. Monmouth County average is 2.25 which we give us one hundred thirty-six.
Currently, our number is 1.7 (103 police officers). The additional twelve will bring us to 1.9. We have been asking for more police officers for a long time. Since September 11 we have had added calls and additional work which we are responsible for which increases what we have to buy and includes specialized training also. This council approved 108 police officers; you approved the money; taxed the residents. The money is collected; police were not hired; the money sits in reserve and becomes surplus on July 1.
I am giving the Clerk a copy of an Appellate Division and a Supreme Court case decided March 29, 2001 which affirmed holding that the plain language of NJSA 40A:14-118 and the policies underlying it required the type and number of police positions to be created by ordinance. "We affirm the determination substantially for the reasons expressed in the Appellate Division's thoughtful opinion that the legislative would have insisted that police positions be established by ordinance is consistent with the significance of those positions and their importance to the public. Likewise the continuing budgetary implications of the creation of the police positions warrant the formality of an ordinance."
I ask you to pass an ordinance to reflect the money in the budget for FY02 to make the number of positions mandated by ordinance. I have only asked the council to give us the wherewithal to make Old Bridge a safe town. We have been fighting for more police officers to bring us up to par with other communities and the state. The majority of this council has listened. In 1994 we had 79 police officers; we now have 103.
Recognition.
Councilman Testino: We have many officers who volunteered on September 11. Capt. Cronin has given us a memo as to what services were provided, i.e., triage, temporary morgue and moving debris. The officers worked about fifteen hours in conjunction with NYC special response crews and the NYFD until they were recalled to Old Bridge to continue their services here. Capt. Cronin also volunteered that day and thanked him for making Old Bridge proud. Those volunteers are:
Sgt. Charles Spinola, Sgt. Robert Weiss, Det. Peter LoPresti, Det. Steve Daroci, Det. John Reinhardt, Det. Glenn Cavasin, Det. Robert Mazalewski, PO Walter Decker, PO Steve Sherry, PO Michael Cronin, PO Thomas Montagna, PO Ronald Atlak, PO Keith Calvosa, PO Edward Jarusiewicz, PO Michael LaForte, PO Michael Blahota
Motion
to recognize the efforts of the members of the police department who volunteered their services on September 11, 2001 made by Councilman Testino, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Testino, Vice President Butler.
NAYS: None.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher.
Hearing
1. Toubin Realty/CVS - Release/Reduction Performance Guarantee.
Mr. Vincenti: We are recommending release of the performance bond subject to two conditions: posting of the required maintenance bond and submission of required as-built drawings.
Motion
to release the performance bond of Toubin Realty subject to the posting of the required maintenance bond and submission of the required as built drawings made by Councilman Redmond, seconded by Councilman Sohor and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Testino, Vice President Butler.
NAYS: None.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher.
Prior to the roll call vote Vice President Butler opened a public portion. Seeing no hands Vice President Butler closed the public portion.
2. Mass Assembly Application - Old Bridge Township Raceway Park re: Harley Davidson 100th Anniversary Celebration Tour 8/16, 17, 18, 2002.
Motion
to approve the 100th Anniversary Celebration Tour made by Councilman Cucchiara, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Testino, Vice President Butler.
NAYS: None.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher.
Prior to the roll call vote the following discussion took place.
Mayor Cannon: Are we going to have a public hearing? This affects many residents, and this was not even advertised.
Councilman Testino: Is there a formal application pending?
Vice President Butler: Our attorney informs me that a formal hearing does not have to be held.
Councilman Greene: We have an application which does not tell me much about what is going to occur during the three days in August. A preliminary plan was submitted to the police department which I would appreciate reviewing to determine what this event entails. I would also like a representative of Raceway Park to come before the council.
Capt. Cerra: When we were contacted by Raceway Park to hold a meeting between them and representatives from Harley Davidson, we thought we would not want this event. However, this is a corporate production taking place over fourteen months. This tour will occur in fourteen cities. This is not a racing event. There will be 20,000 square feet tents; each one being a display including the first ever produced motorcycle, etc. The event will begin at 11:00 a.m. ending at 11:00 p.m. Maximum attendance will be 40,000 per day. There will be a restaurant with seating for 1,000. The site construction will commence about ten days prior to the start of the event. The sponsors include American On Line, CNN, People Magazine, Time Life Books, Pepsi, Miller, Warner Music Group and Turner TNT, just to name a few. We need your approval tonight. Tickets have to be printed, etc. The promoters are donating in excess of seven figures to MDA (which should be about $1 million). They are paying for their own security. A retired deputy chief is handling the security and will meet with us to review all the security plans. I believe this will not create a problem for us.
Councilman Butler: Are we expecting many bikers?
Capt. Cerra: We are expecting about 8,000 to 10,000 per day which could include professionals as well as others. There will also be a stage with entertainers such as Three Dog Night, Charlie Daniels Band, the Eagles, etc. to be hosted by Drew Carey and Jim Belushi. There will be a secondary stage with "oldies" groups. Local acts can entertain also. This can be a very nice event.
Councilman Cucchiara: Is there to be racing?
Capt. Cerra: There will be no racing.
Councilman Greene: I would like a copy of the proposal. Is it crucial that we vote tonight? Why not wait until December 27th?
Capt. Cerra: The coordinator wants to start the printing now and have indicated they will be making a donation to the town.
Mayor Cannon: All security and traffic control will be provided for and paid for by them, and we will not incur overtime?
Capt. Cerra: Correct. This event will be an all-day slow drift. There will be no camping out at the facility.
Mr. Shah: Do we have assurance that Englishtown Road will be cleaned up?
Attorney Ruggierio: They want an approval of their application. We could approve this subject to a later agreement being entered into with regard to security, etc.
Capt. Cerra: They will be spending a great deal of money in Old Bridge.
Councilman Testino: Is this going to be advertised nationally?
Capt. Cerra: I have insisted on using the name "Old Bridge". This event takes three days - ten days ahead of time to set up, the tree event, and ten days to break it all down. Old Bridge is No. 2 on the list of cities.
Councilman Testino: Are you satisfied that their security personnel will be available? Do they have to apply for a fire permit?
Capt. Cerra: There is no problem.
Councilman Testino: If we don't have sufficient EMS personnel, under our ordinance they will supply their own?
Capt. Cerra: Yes, we have gone over the plan in depth.
Councilman Redmond: Are they building a new driveway into the park?
Councilman Cucchiara: They only use that driveway
Attorney Ruggierio: I suggest that the motion for approval be subject to a provision that a comprehensive agreement be entered into between the township and the applicant regarding security issue; clean up of surrounding properties, promotion of the township to the public as in the use of the name "Old Bridge Township" rather than "Englishtown", availability of emergency services and police and other miscellaneous concerns.
Vice President Butler opened a public portion. Seeing no hands Vice President Butler closed the public portion.
Discussion Ordinance.
1. Compensation to Ward Commissioners.
Vice President Butler: I have been informed that this item is being removed.
2. Amending Land Development Ordinance to relax rear and side yard requirements for swimming pools.
Ms. Shepler: I request that this be removed. The plumbing inspector is of the opinion that if we were to allow a six-foot setback, we would be compromising safety and that he thought that BOCA was going to be reviewing this item at the state level. Please hold this until the first agenda in the New Year.
Mayor Cannon: We received a list from the zoning board for what they are required to give variances on and to try to eliminate variances, they had suggested that this is one issue that would make sense to adjust.
Ordinance for Second Reading.
TOWNSHIP OF OLD BRIDGE
ORDINANCE No. 51-01
ORDINANCE AMENDING OLD BRIDGE LAND DEVELOPMENT CODE TO REQUIRE PLANNED DEVELOPMENTS UNDER 25 UNITS TO HAVE TWO POINTS OF ACCESS WHEN REQUIRED IN THE INTEREST OF HEALTH, SAFETY AND WELFARE
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 the Ordinance is to amend section 7-2.B.4 Old Bridge Land Development Ordinance to provide that a residential development under 25 units may be required to have at least two points of access when the Township Engineer determines that two points of access are required in the interest of the health, safety and welfare of the public.
SECTION 2: AMENDMENT
A. Section 7-2.B.4 of Old Bridge Land Development Ordinance is amended as follows:
All uses shall maintain a continuing conformance with the following safety and environmental performance standards. Regardless of any other provisions of this ordinance, deviations from these standards shall establish the otherwise permitted use to which they relate as not permitted. Violations of these standards shall constitute a change in the use of the property and shall be abated in order for legal occupancy of the premises to continue. All uses must hold and comply with all applicable State and/or Federal license permits.
(a) through (m) unchanged.
(n) Each residential development of 25 or more dwelling units shall have two or more points of access. Nothing in this section shall preclude the approving board from requiring a second point of access in developments containing less than 25 residential units if the Township Engineer determines that a second point of access is required in the interest of health, safety and welfare of the public.
SECTION 3: 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 4: PARTIAL INVALIDITY
In 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 5: 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 Municipal Council by delivering it to the Municipal Clerk pursuant to N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to N.J.S.A. 40:69A-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 N.J.S.A. 40:69A-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 member of the Council vote in favor of such resolution.
Moved by Councilman Sohor, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Testino, Vice President Butler.
NAYS: None.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher.
Prior to the roll call vote Vice President Butler opened a public portion. Seeing no hands Vice President Butler closed the public portion.
Ordinance for Second Reading.
Ordinance No. 52-01
An Ordinance Amending Old Bridge Land Development Code to Require Posting of Notice of Development Application
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 amend Old Bridge Land Development Ordinance to provide that upon the filing of an application of development, an applicant must post a notice of development application upon the property for which development has been proposed.
Section 2. Ordinance
Section 10-3 of the Old Bridge Land Development Ordinance is amended to include Subsection M which shall read as follows:
M. Posting of Notice of Development Application
Upon the filing of an application for development, applicant shall post a sign upon the property which is the subject of the application. Such signs shall provide notice to the public that the property is the subject of a proposed subdivision, site plan, and/or variance application. The signs shall be obtained by the applicant from the Township of Old Bridge at the expense of the applicant. Signs shall be posted in such a manner so that one sign is clearly visible from all the roadways which abut the subject property. Signs shall be posted within seven days of the filing of the application and shall not be removed until the application is approved, rejected or withdrawn.
Section 3. 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 4. 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 5. 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 Municipal 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 Sohor, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Testino, Vice President Butler.
NAYS: None.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher.
Consent Agenda.
DR8/C-8 Authorizing legal settlements re: Segal & Morel v Old Bridge Township (Yardley Manor).
Attorney Ruggierio: The motion should not be to adopt but to give notice to the homeowners association. I recommend carrying this to December 27 with a notice to the homeowners that we intend to adopt this that night. Mr. Glaser, president of the association, indicated that he would take care of formal notice within the association. I believe the Clerk needs to send a letter to Mr. Glaser as president of the association.
Vice President Butler: Please advertise this for the meeting of December 27.
No. 582 Resolution approving Change Order No. 1 (Final) for Contract No. 01-04 for drainage improvements at Bartlett Court, Timon Court and Lark Place.
RESOLUTION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the Township Council of the Township of Old Bridge previously authorized Contract #01-04 with the firm of Paul Construction, Inc., for the drainage improvements at Bartlett Court, Timon Drive and Lark Place; and
WHEREAS, Paul Construction, Inc., has requested Change Order No. 1 (Final) to increase the amount of the contract due to the changes in the contract quantities.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Change Order No. 1 is hereby authorized as set forth on the attached Change Order.
BE IT FURTHER RESOLVED that the modified cost of services after this Change Order is as follows:
ORIGINAL CONTRACT.................................$41,137.00
CHANGE ORDER #1....................................+ 4,305.50
NEW TOTAL AUTHORIZED...........................$45,442.50
(TOTAL AMOUNT OF CHANGE ORDER.............$4,305.50)
BE IT FURTHER RESOLVED that this change order is provided for by the existence of a Certification of Availability of Funds #1017 certifying the existence of a sufficient appropriation to fund the said contract.
BE IT FURTHER RESOLVED that the Mayor and Clerk of the Township of Old Bridge are hereby authorized to execute such written contract documents as may be approved in form by the Township Attorney.
Moved by Councilman Cucchiara, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Testino, Vice President Butler.
NAYS: None.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher.
No. 583 Resolution supporting adoption of Bill No. S-2713/A-3919 (Cap Relief) for insurance and terrorism costs.
RESOLUTION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the Township Council of the Township of Old Bridge supports the adoption
of Bill No. S-2713/A-3919, which would provide exceptions to the Local Expenditure Limitations Act - the "Cap" Law - for rapidly rising insurance premium costs and for costs associated with preparations for and responses to terrorist threats and incidents; and
WHEREAS, the Township Council has been provided with a copy of Bill No. S-2713/A3919; and
WHEREAS, the Township Council of the Township of Old Bridge is of the opinion that such legislation is in the public interest.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that it hereby supports the prompt enactment and signing into law of the above legislation; and
BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to Acting Governor Donald DiFrancesco, Senator Joseph M. Kyrillos, Jr., Assemblyman Samuel Thompson and Joseph Kyrillos, and the League of Municipalities.
Moved by Councilman Cucchiara, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Testino, Vice President Butler.
NAYS: None.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher.
No. 584 Canceling erroneously billed real estate taxes in the amount of $10,392.65.
RESOLUTION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the following properties include erroneously billed real taxes; and
WHEREAS, these taxes need to be canceled of record to correct the Tax Collector's property accounts.
NOW , THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Tax Collector be hereby authorized to make the appropriate cancellations and adjustments as described herein and to cancel any relevant accrued interest.
BLOCK LOT LOCATION ADJUSTMENTS REASON
05001 0015 Poor Farm Rd. 1997 $(845.80) Twsp. foreclosure 2/11/97
08006 0002 Hwy. 18 2000 $2323.97 deeded to DOT 11/15/99
11257 0003 Hwy. 516 2000 $4185.00 deeded to Twsp. 10/29/99
2001 $4410.00
26049 0041 Hwy. 18 1999 $ 319.48 deeded to DOT 7/1/97
BE IT FURTHER RESOLVED by the Township Council of the Township of Old Bridge that a refund of $2,089.92 be made to the former owner of Block 11257, Lot 3, The Golf Center, for payment of 2001 first and second quarters.
Moved by Councilman Cucchiara, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Testino, Vice President Butler.
NAYS: None.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher.
No. 585 Rescinding Issuance of Plenary Consumption License to Saljoper, Inc. t/a Mickey McGuire's.
RESOLUTION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, a Resolution was adopted on November 26, 2001; and
WHEREAS, the licensee has not provided the required documentation as needed; and
WHEREAS, the Township Council wishes to rescind the issuance of the plenary consumption license to Saljoper, Inc. t/a Mickey McGuire's.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the issuance of a plenary consumption license to Saljoper, Inc. t/a Mickey McGuire's is hereby rescinded.
Moved by Councilman Cucchiara, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Testino, Vice President Butler.
NAYS: None.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher.
Prior to the roll call vote the following discussion took place.
Deputy Clerk: We were waiting for paperwork which did not arrive.
No. 586 Resolution rescinding extension of plenary consumption license No. 1209-33-025-003.
WHEREAS, a Resolution was adopted on November 26, 2001; and
WHEREAS, the licensee has not provided the required documentation as needed; and
WHEREAS, the Township Council wishes to rescind the extension of plenary consumption license #1209-33-025-003 to Saljoper, Inc. t/a Mickey McGuire's.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the extension of plenary consumption license #1209-33-025-003 to Saljoper, Inc. t/a Mickey McGuire's is hereby rescinded.
Moved by Councilman Cucchiara, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Testino, Vice President Butler.
NAYS: None.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher.
No. 587 Requesting permission for a Dedication by Rider for Senior Trips
RESOLUTION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the Township of Old Bridge provides Senior Trips, and
WHEREAS, private contributions are being collected for Senior Trips.
NOW, THEREFORE, BE IT RESOLVED that such fees, contributions and donations received by the municipality be placed in a specific trust fund and such trust fund shall be considered a "Dedication by Rider" to the budget of the local unit per N.J.S.A. 40A:4-39 for the sole purpose stated above.
Moved by Councilman Greene, seconded by Councilman Sohor and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Vice President Butler.
NAYS: Councilman Testino.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher.
No. 588 Requesting permission for a Dedication by Rider for Senior Activities.
RESOLUTION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the Township of Old Bridge provides Senior Activities, and
WHEREAS, private contributions are being collected for Senior Activities.
NOW, THEREFORE, BE IT RESOLVED that such fees, contributions and donations received by the municipality be placed in a specific trust fund and such trust fund shall be considered a "Dedication by Rider" to the budget of the local unit per N.J.S.A. 40!:4-39 for the sole purpose stated above.
Moved by Councilman Greene, seconded by Councilman Sohor and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Vice President Butler.
NAYS: Councilman Testino.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher
No. 589 Requesting permission for a Dedication by Rider for a bid bond escrow for the Clerk's Office.
RESOLUTION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the Township of Old Bridge provides a Bid Bond Escrow - Clerk's Office, and
WHEREAS, private contributions are being collected for the Bid Bond Escrow - Clerk's Office.
NOW, THEREFORE, BE IT RESOLVED that such fees, contributions and donations received by the municipality be placed in a specific trust fund and such trust fund shall be considered a "Dedication by Rider" to the budget of the local unit per N.J.S.A. 40A4-39 for the sole purpose stated above.
Moved by Councilman Greene, seconded by Councilman Sohor and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Vice President Butler.
NAYS: Councilman Testino.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher
No. 590 Requesting permission for a Dedication by Rider for a road opening permit.
RESOLUTION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the Township of Old Bridge provides a Road Opening Permit; and
WHEREAS, private contributions are being collected for the Road Opening Permit.
NOW, THEREFORE, BE IT RESOLVED that such fees, contributions and donations received by the municipality be placed in a specific trust fund and such trust fund shall be considered a "Dedication by Rider" to the budget of the local unit per N.J.S.A. 40A:4-39 for the sole purpose stated above.
Moved by Councilman Greene, seconded by Councilman Sohor and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Vice President Butler.
NAYS: Councilman Testino.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher.
No. 591 Requesting permission for a Dedication by Rider regarding detention basins.
RESOLUTION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the Township of Old Bridge maintains Detention Basins; and
WHEREAS, private contributions are being collected for Detention Basins.
NOW, THEREFORE, BE IT RESOLVED that such fees, contributions and donations received by the municipality be placed in a specific trust fund and such trust fund shall be considered a "Dedication by Rider" to the budget of the local unit per N.J.S.A. 40A-4-39 for the sole purpose stated above.
Moved by Councilman Greene, seconded by Councilman Sohor and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Vice President Butler.
NAYS: Councilman Testino.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher.
Prior to the roll call vote the following discussion took place.
Councilman Testino: Why are we adding detention basins as a dedication by rider?
Mr. Shah: We are doing this because this allows us not to run through the revenue and expense of the budget because we are not sure what they are going to be in this case.
Councilman Testino: I don't like this idea.
Mr. Shah: As part of the review by the state on our budget, they have indicated to us that we have a number of reserves in a trust fund that does not have supporting dedications. We go though this every year with the state. I thought we did not need a dedication by rider because this is a part of our land use procedure. According to the state that in order for me to reserve that, I need a dedication by rider; otherwise, we shall have to put this money into unanticipated revenue or we would have had to set up an appropriation, which makes no sense because the plan is to collect the fees that we will collect from these applicants and then we will use it to maintain the detention basin.
Councilman Testino: I thought that we were going to maintain them from our regular staff personnel.
Mr. Shah: We will charge the cost. For example, if we need equipment we would have to go through the process of the bill list or go out to bid. In terms of salary, this goes through the normal salary procedure. If you want a separate procedure, we can change that.
Councilman Testino: How do we know how much of our time is being charged off? We want to know how much it is going to cost our road department to operate?
Mr. Shah: We will get the time sheet report from public works; we know the rate, and that it how it will be charged off. This is similar to what we do with escrow.
Councilman Testino: I know the procedure, but don't see these coming back before the council that often.
Mr. Shah: Once you set up a dedication by rider, you only approve through the bill list, and if there is a deficit in this dedication, you will be funding the deficit through your operating budget. You do get financial statements which include the balance sheets.
Councilman Testino: I oppose the inclusion of detention basins.
Ms. Shepler: If you don't, the money goes into the general fund.
Councilman Testino: You will just have to find another way of doing this.
Ms. Shepler: This is a recommendation from the state; not a recommendation of this administration.
Councilman Testino: Where does it say to put detention basins in there?
Ms. Shepler: It states that the revenues that are being collected must be in a dedicated fund, and not held in reserve in a trust account, which is what Himanshu has been doing. There is no chicanery here nor hidden motive. This has nothing to do with how the ordinance works. You have suggested that we change the formula for that ordinance, which is fine. We have no problem with that. In the meantime, there is money sitting in a trust account which needs to be put into a dedication by rider.
Councilman Testino: I am unconvinced.
Mayor Cannon: This money will be put into the general fund.
Mr. Shah: I am sure that the other council members do not have this problem and will support this.
No. 592 Accepting bid and authorizing contract purchaser to proceed with the purchase of the former township municipal offices at Route 9 (Block 4186, Lot 4).
Councilman Redmond: There was a resolution stating that the sale of this property was to be dedicated to a recreational facility in Ward III. I want to be sure that this is being adhered to.
Ms. Shepler: The Township of Old Bridge had a non-binding referendum stating that any funds from the sale of public property would be placed into that. There was specific language in the resolution that stated that.
Councilman Sohor: When this land was put out to bid, that language was added to the resolution as a reinforcement.
RESOLUTION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the Township of Old Bridge advertised for bids to sell the former site of the Township's Municipal offices at Route 9; and
WHEREAS, a suitable bid has been received; and
WHEREAS, the Township Council wishes to authorize the transaction to proceed; and
WHEREAS, this resolution is adopted for purposes of accepting the bid and authorizing the contract purchaser to take all necessary steps to close title on the property.
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 bid of David Findel, 557 Cranbury Road, East Brunswick, NJ 08816 be and hereby is accepted for the purchase of the lands and premises known as Block 4186, Lot 4 on the tax map of the Township of Old Bridge.
2. All terms and conditions of Resolution No. 530-01 are hereby incorporated herein.
3. The Mayor, Township Clerk and Township Attorney are hereby authorized to take any and all steps necessary to implement the terms of this resolution.
Moved by Councilman Redmond, seconded by Councilman Sohor and so ordered on the following roll call vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Testino, Vice President Butler.
NAYS: None.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher.
Prior to the roll call vote the following discussion took place.
Councilman Testino: Were there any other bids?
Ms. Shepler: There were no other bidders on that property. The purchaser is a business person who has a contract on the three contiguous pieces. It was difficult to sell this property because of the odd shape of the lot and lack of access of Rt. 9. The purchasers plans to build a very nice office building utilizing the four lots. I believe the approval of the building is a condition of the sale. The planning board has a right to impose conditions. The building, however, fits the zone, and does not require a variance.
Councilman Testino: What are the conditions of the sale?
Ms. Shepler: "The successful bidder may elect to close title within sixty days of the sale or may notify the mayor and clerk in writing of their desire to pursue approvals for the site under the municipal land use law. If the successful bidder elects the approval contingency option, the following deadline shall apply. The election to pursue the approval contingency shall be made in writing within fifteen calendar days of the successful bid. The nature of the approvals to be pursued must be identified in a written election. Complete application for the land use approval to be sought should be filed with the appropriate board within ninety days of the successful bid. The land use approvals sought shall not be bifurcated. Only one application may serve to defer the obligation to close title. The successful bidder shall diligently prosecute the land use application filed. Any failure to prosecute with urgency and diligence shall constitute a default. Should the land use application be denied or continued for a period of twelve months following the submission of a complete application to the respective board, the successful bidder may declare the transaction void and shall receive a refund of his or her deposit. In the event the applicant has not secured the requested land use relief within one year after the filed land use plea shall permit the township council to declare the proposed purchase null and void and the deposit proceeds shall be returned to the successful bidder. In the alternative the council may, in its discretion, agree with the successful bidder to extend the bidder's right to purchase if the following nonrefundable bid extension fees are paid: first six months 2 ½ % of the bid price; second six month extension, 5% of the bid price."
Councilman Testino: He changed no conditions of the bid?
Ms. Shepler: No exceptions were taken.
Councilman Testino: There is no contingency built in because of the contiguous pieces? It is not just our lot any longer.
Ms. Shepler: He is going to have to go through a subdivision.
Attorney Ruggierio: He needs a land use approval on that property.
Councilman Testino: He is doing the engineering for one thing. He is not going to do four separate packs. Where are the lots?
Ms. Shepler: It goes to the fork. It does not go north because just to the north of our property is the Getty gas station who would not sell.
Vice President Butler: I remember something about this building which occurred in the mid-90's. When that property was sold, $300,000 was to go to the building of the youth center.
Ms. Shepler: That was a prior condition.
DR8/C8 Resolution authorizing legal settlements re: Segal & Morel vs. Old Bridge Township (Yardley Manor).
Motion
to carry to December 27, 2001 made by Councilman Sohor, seconded by Councilman Redmond and so ordered on the following roll cal vote:
AYES: Councilmen Cucchiara, Greene, Redmond, Sohor, Testino, Vice President Butler.
NAYS: None.
ABSENT: Councilman Hoff, Councilwoman Hegarty, President Maher.
Set Date.
1. Highview Estates Section III - Release/Reduction Performance Guarantee (Monday, March 4, 2002 at 8:00 p.m.)
No discussion.
2. Prests Mills Estates - Release/Reduction Performance Guarantee (Monday, March 11, 2002 at 8:00 p.m.)
Discussion
1. Litter on Highway 516.
Councilman Greene: The area of Rt. 516 bounded by Rt. 9 and Rt. 18 is a mess. Marlboro and Texas Roads are also county roads within Ward V. Since Rt. 516 is a county road, and we depend on the county to clean it, the county supplies prisoners to clean the roadways after we are put on a waiting list. I don't think the system is working. If we owned Rt. 516 public works would have this cleaned within one day. I suggest looking into an "Adopt a Highway" with volunteers under the auspice of the township to keep these roads clean. I understand that the roadway is dangerous. We would need the support of the public works. I would be happy if just the shoulders were cleaned. Most of the property along Rt. 516 is wooded and owned by Old Bridge and Perth Amboy. Perhaps we need to notify the owners and ask them to clean up their sections
Mayor Cannon: The county has a new program which has been very responsive. They begin in April and end in October. I am very frustrated also. There is a liability to put our employees on county roads. I asked Rocky to have his men work on these roads ( overtime if necessary) to do the cleaning. Rocky is reluctant because these are not our roadways. We have also asked to step up the program with the adopt a road program. There must be a waiver of liability because there are citizens who clean roadways throughout the state. We will pursue this. The county has been diligent about mowing the shoulders which gives a neat and trim look, but the litter is considerably more noticeable. When they mow, they should do a major litter pick up.
Councilman Greene: Please look into the liability issue as well as the adopt a highway program. If nothing is being done between October and April, that is unfortunate.
Mayor Cannon: We have summonsed individual property owners and we have received a response.
2. Distribution of Zoning and Planning Boards agendas to council members.
Councilman Greene: Receiving an agenda from the zoning and planning boards prior to their respective meetings would help me. I would like regular communication from these boards. If you agree that this is a worthwhile exercise, I request that they also clarify the locations being discussed. For example, instead of merely indicating the block and lot, I would appreciate the exact location.
Mayor Cannon: I have also asked for a clearer indication of the locations. I will ask the engineer to direct them to be more clear.
Report.
1. Status of Riverdale, West, North and Central Avenues drainage.
Councilman Cucchiara: We spent a lot of money for the drainage on these streets. I would like the status.
Mayor Cannon: The project was put on hold because there was information from the DEP with regard to piping of some properties. We have gotten some notification from the DEP. We are attempting to get a clear communication, but we are planning a meeting after the first of the year with the residents. The plans will be laid out for work to commence in the spring.
Councilman Cucchiara: Nelson was to meet with representatives of Duhernal with respect to having access to their property in moving streams on to their property. This would allow them to receive more water into their aquifer instead of draining into the lake.
Mayor Cannon: He did have meetings with representatives of Duhernal, but I will check with him. I believe they were willing to cooperate.
Council Comments.
Councilmen Testino, Sohor, Redmond, Greene and Vice President Butler wished the residents and all township employees a happy holiday season and a happy and healthy New Year!
Mayor Cannon: Echoed the sentiments of the council members and expressed her wishes for peace and the safe return of our men and women serving overseas.
Public comments on any subject.
Mr. Merwin: It is evident that the county is not going to clean their roads and that we don't have an aggressive street cleaning program in the township. I suggest hiring two people [to clean the roads] to start in Ward I ending in Ward VI cleaning all the streets. Mr. Donatelli can't use these people for anything else.
Ms. Shepler: Wishes the residents a happy holiday season. We will be discussing our insurance on December 27th. I will be passing out three proposals, and I ask that you consider them prior to December 27th.
Council Comments.
Vice President Butler: The next scheduled meeting will be a reconvened meeting on January 1, 2002 at 11:00 a.m. There will be a special meeting on December 27th with agenda items to include Yardley Manor, insurance selection, and the budget.
Public comments.
Mr. Shah: Introduces Ron Amarino, new assistant finance director.
Combined meeting recessed at 9:14 p.m.
Dennis M. Maher, President
Rose-Marie Saracino, Township Clerk
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