OLD BRIDGE TOWNSHIP COUNCIL
AGENDA MEETING
January 16, 2001
An Agenda Meeting of the Township Council of the Township of Old Bridge was held on Tuesday, January 16, 2001 in the Municipal Complex. The meeting was called to order at
8:00 p.m. by President Maher who invited all to participate in a salute to the flag followed by a short prayer.
Deputy Clerk Stella Ward announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the official newspaper and that the next Township Meeting will be held on January 22, 2001 at 8:00 p.m.
Roll call by Deputy Ward showed the following answering present: Councilmen Butler, Green, Redmond, Sohor, Testino, President Maher. Councilmen Cucchiara, Hoff and Councilwoman Marinaccio were absent.
HEARING:
H-1 Release/Reduction Performance Guarantee - Artisan Construction.
Motion
to release/reduction of Performance Guarantee subject to the posting of Maintenance Bond in the amount of $2,313.00 made by Councilman Butler, seconded by Councilman Redmond and so moved on the following roll call vote:
AYES: Councilmen Butler, Greene, Redmond, Sohor, Testino, President Maher.
NAYS: None.
ABSENT: Councilmen Cucchiara, Hoff, Councilwoman Marinaccio.
Prior to the vote the following discussion took place.
Nelson Iglesias: This is a very small project and we have not had any complaints on it. Therefore, I am approving the release of the performance guarantee subject to the posting of the maintenance bond.
President Maher: Is there any Council discussion before I open it to the floor? Seeing no show of hands from Council and no one from the public who wishes to speak, I will close the public session.
H-2 Release/Reduction of Performance Guarantee - Yardley Manor
Motion
to deny release/reduction of the performance guarantee based on the concerns of the those residents in attendance at this meeting made by Councilman Redmond, seconded by Councilman Testino and so moved on the following roll call vote:
AYES: Councilmen Butler, Greene, Redmond, Sohor, Testino, President Maher.
NAYS: None.
ABSENT: Councilmen Cucchiara, Hoff, Councilwoman Marinaccio.
Prior to the roll call vote the following discussion took place.
President Maher: Mr. Iglesias can I have your recommendations regarding this matter before we hear from the opposite side and before we open it up to the public for discussion?
Nelson Iglesias: Yardley Manor is looking for a release of performance guarantees as opposed to just a reduction. There is a report from me dated January 11, 2001, which describes what has happened in the past. We are talking about six phases of this project, which is a very large one and as indicated on page 1 of my report, phases 1, 2, 3, and 4 have already been reduced 70%, phases 5 and 6 33.2%. We have received a number of letters from the residents objecting to the bond release. A lot of the problems, I feel can be handled, however they do exist. Since this is a request for a bond release rather than a bond reduction, I am recommending that the it should not be granted.
Jonathan Heilbrunn: I am appearing here this evening on behalf of the applicant for the bond release. This is the second time we have been here. The first time was approximately two months ago for the purpose of having Yardley Manor return to the field with representatives of the township engineer's office and your tree expert, Mr. Lovallo for the purpose of reviewing the landscaping which was in place . Since that time Yardley Manor has gone through the punch list and believes it has complied with and completed each and every bonded item, which is the subject matter of the bonds for which we are seeking release. We understand and we hope the Council understands that Yardley Manor's obligation to homeowners for what they perceive as defects in construction of their residences is an ongoing obligation, and regardless of the action the Council takes regarding the performance bond. Additionally, should the Council see fit to grant the release, a maintenance bond will be posted in a substantial amount, which will ensure completion of any incomplete items. For the record, I would like to state that all the items that were on Mr. Iglesias' list have in fact been completed. I would like to add parenthetically, a thought that this Council might consider and that is we believe that although everything has been done, you have thus far not reduced the Phase 5 bond to the amount you are permitted to under a bond reduction application, nor have you reduced them with regard to Phase 6. You are presently holding $1,413,000.00 in a performance bond and $157,000 in a cash performance bond. We would respectfully request that if this Council does not see fit to grant the bond release that is sought, that it retain a portion of the cash performance bond to ensure that any incomplete items are done. To that end, we would recommend that the Council consider holding $100,000.00 of the $157,000.00 cash bond.
Mr. Iglesias: As far as the complaints we have received and I do not know whether they have been addressed or not, in reading the correspondence listed on page 2 of your report, they seem to be minor in nature and I feel that by the Township holding $100,000 in cash that is sufficient to take care of those problems.
President Maher: With respect to the e-mail's that I have received from Mr. Bloom, what is your feel on this matter?
Mr. Iglesias: Obviously, this is not the time to handle any type of landscaping problems, we will wait until the spring. Nevertheless, I think that $100,000 is sufficient to take care of those problems and I recommend that the bonds for Phases 5 & 6 be reduced to 70% rather than a total release. Maybe what we ought to do is prepare a different recommendation to Council reducing these two phases to the maximum of 70% and retain the $100,000.
President Maher: What about the other correspondence received from the various homeowners in this development?
Mr. Iglesias: Some of these complaints refer to leaking basement walls, windows not being airtight, these things would not be part of the performance bond.
President Maher: Well, we have to offer these people some type of relief. These homeowners have put down life savings on these homes and this development is only 24-36 months old.
Mr. Iglesias: May I suggest, that normally the procedure in my office whenever we receive letters of this nature is to forward those letters to the developer for compliance and the things that we use to recommend a release of performance bond so I can assure you that any of those letters would be addressed and taken care of by the developer.
President Maher: Your recommendation coming in here to the Council is not to release the bond, correct?
Mr. Iglesias: Yes.
President Maher: What is the Council's feelings?
Councilman Sohor: There were a lot of items on that punch list that needed to be done some of which were difficult or impossible to do at this time of the year. Have these items all been addressed?
Mr. Iglesias: Obviously not.
Mr. Clever: On behalf of Segal & Morell I can respond to this. The paving and landscaping have in fact been completed. We were out last Wednesday when the temperature went above a point where we could do the concrete work and we addressed all the concrete work that was on the list including the sidewalks, the aprons and also the detention basin area. We feel that they are now in keeping with the performance bond and the approved plan. In response to individual letters, we have talked about leaking basements and the windows, that too has been addressed. We have made appointments with those people who have gone on record and we have gone into their houses and corrected the problems and there are still a few outstanding problems that have to wait till the weather is better. We feel as Jonathan has stated that we have gone though each one of these items and have completed them and we feel that we should be entitled to a release of the bond.
President Maher: We apparently have some disagreement with our engineer. Did our engineering department go out and inspect the work?
Mr. Clever: Yes, there was an inspection and then we worked on Saturday and we took photos and submitted these to the engineering department.
Mr. Iglesias: If you look at the date of the memo, January 11th, Pinder Sumal, my assistant has not said to me "everything is done", and until that happens, then I go by the letters.
Councilman Sohor: One of the other problems was with the incorrect species of trees planted, how is that resolved.
Mr. Iglesias: I received a report from our tree expert and he did mention a few trees that were not of the approved or required species and I understand that the applicant is quite willing to give additional trees if that is necessary. In my mind, the difference in the species of trees is not all that strong a case. I think that if the trees are healthy and alive and live with them why not. However, the applicant has offered additional trees and if the trees we are talking about are that many, then we can take action.
Councilman Testino: I want to hear from the homeowners, but I do not understand Mr. Iglesias, are you changing your opinion from the written report that you gave us tonight?
Mr. Iglesias: No, what I am saying is that Mr. Heilbrunn has suggested a compromise. Since we do have $1.4 million and $157,000 in cash, and in looking at the problems listed in the letters, it seems that $100,000 would be able to cover the problems. One of the things I feel about bond release is that once we release it we are "kissing" the whole thing good-by. I am saying the decision is yours but I say "no" to the release.
Mayor Cannon: A lot of the problems we have here deal with drainage, have these been addressed?
Mr. Iglesias: The applicant is saying he has, I am not sure of that.
President Maher: Mayor, the applicant is saying he has completed the items and your administration is saying he has not, so the burden of proof has to fall on the applicant since he has not closed the loop with the engineering department in terms of inspections. This brings me to my next question, why are we down to the "midnight hour" and why have these improvements been made over the last two weeks when they should have been addressed previously?
Mr. Clever: We had $5 million dollars in place to take care of 212 units for public improvements in accordance with the Municipal Land Use Law. There is a process set forth under this law that says at the time when you complete the improvements you send a letter to the Clerk and at that time it triggers an inspection by the township engineer. It took us 45 days to get a report back from the engineer and by that time it was winter. Now we are dealing with cracks in sidewalks and aprons that are damaged; these are not severe problems, they are cosmetic and should be taken care of under the maintenance guarantee. We waited for the temperature to get warmer, since December was an extremely cold month, and when it warmed, we went out and addressed the problems. We did not wait till the very end, we put in $5 million dollars of improvements over the past 2 ½ years and then we responded to the inspection.
Scott Glaser: I am the president of the Yardley Manor Homeowners Association. I would just like to give you a few of my observations, which is that this is a work in progress and contrary to the builders information all the work is not complete at this time. I have some grave concerns, one of which is the trees and the landscaping plan. In terms of the quantity and species we had heard that there was quite a variation based on the information of the tree expert from the engineering department. There is a big difference between an oak tree and a pear tree and there is a significant difference in the plans that were submitted to the township for initial approval.
Secondly, any time that there is any change in the plans, there should be some type of notification sent to the township, I want to find out if that was done.
Mr. Iglesias: As far as notification of the change, my office was notified when the trees were planted and we did have inspectors out there. We do have notification that the number of trees required by the plan have been planted and the report did indicate that some of trees were not what the plans called for in terms of the type of trees. As I said earlier I understand that the applicant is going to change the trees that are not of the type required so there is no problem in that respect and it would be done in the spring.
Mr. Clever: I think you have better trees, but if you want us to replace them that is okay with us.
Mr. Glaser: I think there is one more apron that has to be replaced and I have to say that Segal & Morell have been working feverishly these past few days in particular. I think that your analysis of the "midnight hour" remedies is accurate. To spite the fact that there is an easement to the drainage basin, my neighbor's lawn on 12 Yardley Manor Drive has been destroyed. This is being addressed and my neighbor has asked me to speak on his behalf and he has given me pictures to show you. Segal & Morell is trying to remedy the situation, but part of my concern is that in all this fever to get the job done quite a bit of damage has been occurred in the process. This homeowner was not ever notified of the fact that they would be crossing his property with a crane to access the drainage basin. The homeowner feels that his sprinkler system may also have been destroyed in the process. I think at this point, we are going to need assurances from Segal & Morell that these problems will be taken care of. Also, I am not an expert in reading site plans, but I noticed that "pavers" were supposed to be located along the flagpoles, this is not done, I am curious about that.
Mr. Iglesias: That is not a bondable item. It is considered an ornament. Bonded items are things that affect the public in general.
Mr. Glaser: I would also like to commend Pinder Sumal, I think that he has been through an arduous process and has done a commendable job working with Segal & Morell in trying to work this situation in a amicable manner. I know it has been a daunting task since this is a large community and I think that he deserves the praise and respect of all of us. Mr. Sumal advised the vice-president of Segal & Morell that the tot-lot fence would have to be readdressed because it could cause injury to children if they ran their hands over it. I have no problems with any of this as long as all the issues are addressed.
Sebastian Font: I am the vice-president of the Yardley Manor Homeowner's Association and I am also speaking on behalf of the homeowners. I would like to start off by acknowledging Mayor Cannon and President Maher for your quick response to our inquiries. It is a comfort to know that you are listening. My address in One Danbury Court in Yardley Manor. Of course like my fellow homeowners we have some deep concerns regarding the performance bond and as Scott has mentioned the issue with the tot-lot fencing is the grade of log used to create the fence, if a small child would run their hand over it, they could incur splinters and that is the hazard.
Cracked sidewalks also remain and issue, but the big issue is the detention basin. We are told from the engineering department that the basin is in need of some costly repair or improvements.
The "guesstimate" that we got for repair of the basin was far in excess of $100,000, so any notion of releasing everything for $100,000 is not acceptable. Segal & Morell's position is that it is our responsibility and this is good if we are meant to maintain something that is in the proper condition once we get it. If that is not the case, our position is that Segal & Morell should finish what they were approved to do in the first place. We don't want to take something over that is incomplete or almost done. I understand that there is some type of ordinance in effect that addresses the detention basin and frankly the ordinance seems to protect the builder rather than the tax paying homeowner. I think what we want is what is fair, right and just.
President Maher: With regard to the detention basin, is this up to our new stricter guidelines?
Mr. Iglesias: I would just like to make it absolutely clear to everyone here that as far as my office is concerned the developer is totally responsible for the detention basin or anything within the site until the bond is released. As far as the homeowners association spending a penny on the detention basin you are absolutely wrong because one of the things that the ordinance states very clearly is that prior to the township accepting the detention basin, it must be 100% perfect. This means that the developer will have completed the basin in every possible degree otherwise we do not release the bond covering that part of the subdivision. I am recommending at this point that the bond will not be released because of these things. It is mid-winter and I feel that it is improper for the developer to try to make any corrections to the basin.
Anthony Montgomery: I live at 8 Reddington Drive. I just want to go on record to say that I also have issues in my backyard with regard to ponding. It was attempted to be addressed twice, the first time with the quality control manager observing. I was told that if they put sod down it would correct the problem; all it did was make a big sponge. The next time they came out they surrounded the sod with dirt and this made mud. I know it is now winter and it cannot be addressed, but I was told by Ms. Champion that it will be addressed in the spring. If the bond is released what reassurances would I have?
Ashok Chaudary: I reside at 56 Kirschman Drive in Yardley Manor. I am the treasurer of the Homeowner's Association. A few months back we moved into this community and in talking to neighbors I found out that behind their property in the common area, there is debris ranging from broken glass to a car chassis. The builder has made some effort to remove this debris but it has not yet been fully addressed. This is very harmful to the children who might wander into this area and it should be cleared.
Mr. Clever: This was brought to our attention in early December and we had people out there removing the debris behind Edinburg Circle and the adjacent homeowners were satisfied. I don't know if this matter is additional.
Vincent Fiella: I live at 39 Edinburg Circle and I was one of the first ones to complain about the debris in the conservation easement. I moved into the house in September 1998 and before the house was completed I did a survey of the property and I noticed the debris including farm equipment, a kitchen stove, acetylene tanks, car batteries and other things. I complained about this before the house was even completed and the builder never removed anything. I just want to correct Segal & Morell about that, they were not first notified in December 2000.
Mr. Clever: I want to correct my statement, I was first notified of this matter in December.
Vincent Fiella: Segal & Morell had a problem within their service department with someone named Danny. He was trying to handle it and he kept telling the homeowners that he would get it done and it was not done. They did come and remove some of the farm equipment and some other debris in 1999. I complained about this before my lawn was ever put in. Now, they want to go back there with my permission and use heavy equipment to remove this debris
and I don't understand how they can do this without taking trees down to get the equipment in there and there is no way they can do this in a timely manner.
Jason Titler: I live at 48 Kirschman Drive in Yardley Manor. I would like to talk about the grading situation. With regard to my backyard grading, I raised the issue in August or September that the backyard had severe pooling and in fact actually had a stream of water going from one side of the backyard to the other. To Segal & Morell's credit they did come out and inspect the area and decided it needed to be addressed, they put some soil there and frankly with a stream of water coming through your property, loose top soil is not going to solve the situation.
I brought the issue up again and I received a letter on December 5th, which basically states that this matter is now considered closed. The reason that this letter was sent is because after 48 hours the severe water had disappeared and apparently is within code or regulation. However, it is very hard to tell my 4 year old son a week after the rains that he cannot play because he will sink in about ½ foot of mud. I really do want this issue resolved. I also represent my neighbor at 50 Kirschman Drive who also has a similar situation.
President Maher: For all those who are here, with regard to any outstanding issues or concerns, please get them to our township engineer if you have not already done so.
Clerk Saracino: It would be better if the faxes or e-mail's were sent to the Clerk's office so that it can be dispersed to the Council as well as to the engineering department.
President Maher: Please send your correspondence to the Clerk's Office . The fax number is 607-7944.
Councilman Redmond: Nelson, do you get copies of these notices or is this strictly between Segal & Morell and the homeowner?
Mr. Iglesias: No, I do not get a copy.
Councilman Redmond: Nelson, the question of the detention basin not being up to our standards, is this in fact true?
Mr. Iglesias: No. Again, I have not been there in awhile, but this is not the time to check a detention basin for completion. Listening to the discussion here, obviously some work has been done there but all the things must be taken care of and this is usually done in the spring or summer not now. The basin is built according to plan, that we absolutely make sure of, but there is not much else I can tell you.
Councilman Testino: Based on the original engineering opinion regardless of what compromises were offered tonight, I think the denial of the release is in order and I ask my colleagues to join in denying this especially to give our engineering department an opportunity to go out and recheck all the problems.
George Koehler: I am Chairman of the Planning Board. I did not come here tonight to speak on this issue, but there were two items brought up and I want to make it perfectly clear to everyone that site plans are given to the Planning Board and we rely on our staff to review those plans and when we give approval we expect that the technical items and issues on those plans will be constructed as shown. So, if there are paver blocks shown on the plan, and they are not there, this is not an approval of the planning board, they are supposed to be there and we rely on our engineering office to tell us that everything is correct and if there is a change we have to be advised. I am very concerned because this has come to our attention tonight as a discussion item and we see this as a serious problem.
Robert Agosta: I live at 6 Reddington Drive, Yardley Manor. In addition to the many non-performance bond issues I have within my house, I have the same issues that everyone else has stated, especially the street lighting. Many months went by without anyone doing anything about the street light on the corner of Reddington and Howser, but I did notice that one hour before the meeting the light was on. In front of 8 Reddington, the light never goes out; the light at the corner of Bedford and Howser has a light that does not go on. For the record, during the last snow storm the roads within our development had a terrible job of plowing done. My Belgium blocks were broke, my mailbox was destroyed. They did say they would fix it and I did get a new box which has to be installed. It just seems that a lot of the work is scrambling and last minute deadline and it is very sloppy.
Robert Handly: I live at 4 Winchester Court. I have the same problems as everyone else and I have brought some pictures of the drainage problem that I have. I moved in September 1998 and made several calls and sent letters regarding this matter. As you can see I still have these problems and the swell between my house is like a river and the ice forms across my driveway and my wife has already fallen and it is a dangerous situation. The township engineer has stated that the lot behind my house was improperly constructed. Segal & Morell have come out several times to inspect it and one of their letters stated it was our fault because we did some landscaping and fence work. However, those pictures were taken before any work was done.
They have taken a Band-Aid approach and given excuses and every time I tell them this is not true they think of something else. I just want this on record.
Ivonne Cisco: 16 Yardley Manor Drive. The only issue I really want to address our driveway. The general response we have been given is that it will taken care of in the spring and these problems will not be taken care of until then so therefore the bonds should not be released.
President Maher: Unfortunately, these problems are not addressable during the winter months, so you do have to wait out the winter and hopefully they will be taken care of in the spring.
Alfonso Gomez: I live at 13 Dorchester Court. My main concern is that Segal & Morell have been working feverishly to get the work done however, it is poor quality in my opinion. For example, my driveway had to be redone. After sending three letters they came and inspected my driveway and they stated it was up to code. This was not the case because I had potholes that were ½ to 1 inch deep. They finally redid my driveway and it is not satisfactory and I was told I had to accept it. They also chipped the concrete part of the driveway and they covered it up with asphalt this is not satisfactory. This past Saturday, they pulled up some blocks and poured cement on it, again this is not satisfactory. These are new houses and the work should be appealing and not half done jobs. I also have a problem with an electrical outlet in the bathroom in the master bedroom which lies almost on top of the basin itself and I am afraid that it may be a fire hazard. I want to go on record about this item also.
Ron Cox: I live at 43 Edinburg Circle. My one concern is the detention basin. I understand what the engineer has said that the builder has conformed to specifications, but I know that there has been a law change that may add features that are now required. However, if additional work needs to be done, I want to make sure who will pay for that work. Perhaps a thought would be to grandfather the detention basin plans according to the current approved plans and not require additional work done.
President Maher: We did talk about the basin and Mr. Iglesias has assured us no monies will be released until the basin is in inspected by him and meets all specifications.
Nelson Iglesias: The builder is obviously responsible for building the basin according to plans and anything else including a new law that would make it different would not impact this matter, because it was built according to approved plans and that is the end of it.
President Maher: We will have a brief five minute recess.
Meeting reconvened at 9:20 p.m.. Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Butler, Greene, Redmond, Sohor, Testino, President Maher.
ORDINANCE FOR FIRST READING
FR-1 Town Centre Ordinance Amendment
Move-up
Councilman Testino: Since Mr. Sheehan did the work on the Master Plan and I would like to send this to him for his comments. Could we have him respond in writing or perhaps invite him here when we have second reading?
President Maher: Yes, we will extend an invitation to him to speak before the Council and I just want everyone here to know that we are starting the process for this item.
DISCUSSION ORDINANCE
DO-1 Acquisition of Land - Cedar Ridge - Woodland Trails
Move-up
DO-2 Bonding Ordinance - Acquisition of Cedar Ridge II a/k/a Woodland Trails - (Ordinance positioning for borrowing and acquisition of Cedar Ridge II)
Move-up
DO-3 Bonding/Borrowing for road improvements to Oakwood- Spring Knolls Developments
Move-up
Councilman Redmond: Nelson, I believe had quoted us a figure of $600,000 to take care of this matter, is that correct?
Nelson Iglesias: That is approximately correct
Councilman Testino: If we give these people what they deserve and fix the roads, can we lien the properties out there?
Mayor Cannon: I am all for it, but I think it not the roads but the stockpiling.
Councilman Sohor: Actually it is a combination of problems and the Association is going to be here next week to speak on this and they can give us a first hand description of the problems.
Councilman Testino: We have had a list of the problems for awhile. We thought there was a "white knight" coming in and now we know there is not so it is the Council's time to step up to the plate
Nelson Iglesias: A brief history of this is that for at least two years we have been trying to get this problem fixed and we thought by having Hovnanian do the work it would take care of everything, but it did not happen that way. The point I am trying to make is the environmental problems should be addressed first and then roads. There are no monies put aside that I know of for this type of work, so we are talking about bonding.
Councilman Redmond: We also have problems with regard to curbing and sidewalks and other things. Now we have money set aside for the wards for these items, can we borrow from that and then reimburse it when we get the bonding? We are confident that we are going to get these monies.
Mayor Cannon: I am not sure about the mechanism, but I know that we will have to speak with Bill and get some kind of "heads-up" from the court as to the areas they are going to address. As Nelson stated some of these things are not bonded and we will have to look at them and see if we can recoup the dollars, but we need to get a jump-start on it. When spring comes, I would like to see some action in there.
Councilman Redmond: The thing that irks me the most about this whole situation is that it has been going on for a long time. We should not need a "white knight"; these things were bonded for and should have been taken care of. In my opinion, the judge is dragging his feet because he was waiting to see what was going to happen with the so-called "white knight" and that is over now, so it is time to move forward to take care of these residents and give them what they rightfully deserve. Kaplan is building right now in Monroe, so how bankrupt can he be?
Mayor Cannon: In looking through these records we have been in court since 1996 and passed from one judge to another. I think now that Hovnanian is out of the picture for the time being that we hopefully we will get a higher priority than before.
Attorney Condon: The mayor is correct, we are now on our third judge, Judge McCormack. I would like to tell the Council that I believe we have a case management meeting coming up on this and that Bill told me to advise the Council that he will be glad to discuss this in an Executive Session when he returns from his vacation regarding the strategy.
Councilman Greene: I am not familiar with this matter and there are a lot of gaps I have to fill in and I would like to hear from Mr. Ruggierio so that we might have a clear-cut explanation of where we stand with this court case especially since I heard mention the possibility of borrowing curbing money, which I am dead-set against.
DO-4 Ordinance amending fee schedule for certified property owner lists
Move-up
CONSENT AGENDA
C-1 Parade - Madison Park Little League - Saturday, April 21, 2001 @ 9:30 am
Move-up
C-2 Chapter 159 in connection with the Recreation Handicap Grant with a receivable amount $6500 with a match of $1300 for a total appropriation of $7800.
Move-up
C-3 Bingo/Raffle
Move-up
C-4 Chapter 159 in connection with Body Armor Fund in the amount of $7588.24
Move-up
DISCUSSION RESOLUTION
DR-1 Change Order Approval for Contract #00-02 West Greystone Road Resurfacing (Adjustment of quantities as built and reduction of contract by $15.00
Move-up
DR-2 Change Order to Contract #00-36 M. J. Barone Architect for additional increase of $1865 for services required to rebid the contract for Civic Center
Move-up
President Maher: What are they doing for $1800?
Tom Badcock: We have to pay for any changes in the bid and we did make several changes.
Councilman Redmond: Did we have to change the drawings?
Alayne Shepler: Not so much the drawings but the books that go with it and we publish as part of the bid document.
President Maher: In your estimation is $1800 a fair price?
Alayne Shepler: Yes, that is sufficient. It is not their fault that we have changed the specifications and it is the same amount of work each time. The contract has been awarded and this is "housekeeping" on our part. It should have been done prior to the award of the contract and when we went through our paperwork, we noticed we never submitted the additional change order for the third go-round.
DR-3 Accumulated Time Payment in the amount of $9,062.57 to Joseph Herrera.
Move-up
DR-4 Establishing salary for Public Defender - Marc Schram for the Township of Old Bridge Municipal Court for a one year term - $15,000
Move-up
DR-5 Resolution - Professional Service Contract Authorizing Parker, McCay & Criscuolo as Bond Counsel
Move-up
DR-6 Resolution to cancel appropriation balance in the amount of $5.30 for the Senior Center Grant
Move-up
DR-7 Professional Service Contract Bert Lundberg as attorney to the Rent Stabilization Board $6,700.
Move-up
DR-8 Resolution to support the initially preferred alternative for Routes 18/516/527 interchange improvements
Move-up
Mayor Cannon: We had a meeting and they really did take all the issues of concern by the public and address them. Everyone feels very comfortable with the plan and the DOT will be here on Monday, and if you have any questions you can ask them, but we feel we are in really good shape to go forward.
DISCUSSION
D-1 Fisher Bros./Lowe's Project Move-up
Nelson Iglesias: During the Zoning Board process of approving the site plan for this project it became clear to me that a substantial amount of work which is called off-tract improvements is being done. The package I sent to you contains the cost estimate of those improvements and during the Zoning Board approval process, I suggested that the $206,826.00, which normally the developer has to post with the Township for off site improvements could be waived if approved by the Council. My report dated September 19, 2000 in it I stated that the developer is spending some $500,000.00 on off-tract improvements so it seem fair to me that the $206,826.00 be waived and I would have no objection to recommending that.
Attorney John Mamora: I am from the firm of Kirkpatrick & Lockart for the applicant.
I will try to be brief and Mr. Redmond might remember some of this, the Zoning Board dug their heels in on terms of the off site improvements and their concerns. They wanted them done, designed and constructed rather than just have us contribute to the fund. When we were approved in March 2000, the actual cost outs were not completed so the condition in the resolution was that the fair share would be subject to further agreement with the applicant, board attorney and the board engineer. We did have that meeting and Mr. Iglesias pointed out that this matter should go to the Council and so we went back to the Zoning Board in September and they adopted a resolution on September 21, 2000, which is part of your packet recommending to the Council that this procedure be adopted. We have done the design and we have received the DOT permit as well and now the final phase is the actual construction. It is well in excess of the fair share if we had gone the other route and so we are asking for the waiver.
Councilman Redmond: I do remember this and because I became a councilman two weeks before the final approval and I believe it is to our benefit to do this and I know that Nelson was very much in favor of handling it in the manner suggested.
Councilman Greene: I just want a clarification, is this work done or will it be done?
Attorney Mamora: It will be done. The design and permitting have been completed. The next step is to get the permits in hand and then actually starting the construction.
Councilman Greene: What about the water problem?
Nelson Iglesias: They will be piping all the way down to Perrine Road
Attorney Mamora: Just a clarification point, in all those easements that I submitted to the township attorney, one of them actually was to give a drainage easement to the township. It is actually the DOT's easement so I need to get a release and give it to the DOT because I am sure the town does not want to maintain a drainage system that the DOT will be maintaining, so I will submit that tomorrow.
President Maher: When will the Lowe's be completed?
Attorney Mamora: Hopefully by the June 2001.
D-2 Dedication of O&Y Profits to Open Space Trust Fund. No Support
Councilman Sohor: I brought this up last meeting, but we never voted on it. I think this is something we should consider as an additional source of funding for future acquisition of additional open space. The profits we would get from the sale of this property and it would serve to fund future open space acquisitions as they become available. It is also a major statement to the public that we are committed to retaining as much open space as possible. There is some public sentiment that this 500 acres should be maintained as open space along with the 1800 acres that the County has currently. As most of us know this property is better suited for commercial development and by dedicating the profits from the sale of that property would be much more suitable.
President Maher: Himanshu, do you support this if there are any profits?
Mr. Shah: I want to keep the money. The key question is that when we generate the profit do you want to drop it into the open space trust fund, this is something that you have to make the call on. Financially, I would like to hold the money instead of dedicating it for one specific purpose.
Councilman Redmond: We recently had the open space referendum on the ballot and no one wants to see open space more than I do, but I really think that these monies belong to taxpayer.
President Maher: The reason I asked Himanshu the question is because I am not so sure that I want to lock myself in to the open space fund. I am in favor of open space preserving, but I would like to have the opportunity to use any profits from this land in future budgets.
Councilman Testino: I don't necessarily disagree that those profits shouldn't be used for one purpose and I think that we are at least five years away from that plan and until we bring water and sewer and get the MUA to do a plan on that property and how we are going to bring those services in I don't think we can move this up. I would like to do a resolution to the MUA asking them to start working on a plan to bring water and sewer services into that parcel. Let's get more information before we decide anything.
Mayor Cannon: I am going on record to say that I totally disagree that the property should not be developed. If we were going to leave this as open space, we never should have purchased it. As far as I am concerned it should be economically developed.
D-3 Abatement of Health & Safety Problems in Oakwood & Spring Knolls Previously Discussed
APPOINTMENT
A-1 Housing Authority Term expires 5/18/01
Move-up
GUESTS
G-1 Guests from Spring Knolls Homeowners Assn. To discuss health and safety issues.
Move-up
G-2 Guest from NJ DOT to discuss preferred alternative for Routes 18/516/527 interchange improvements.
Move-up
HEARING
Release/Reduction of Performance Guarantee - Heilbrunn Bldg. Suggested date: April 2, 2001
REPORTS
Status Report - Birch Hill, Inc. t/a Birch Hill/Stingrays
DISCUSSION
Cheesequake Village Dam
Councilman Testino: Councilman Hoff has requested that any discussion on this matter be postponed until his return.
EXECUTIVE SESSION
Resolution #47
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
the public be excluded from this meeting pursuant to NJSA 10:4-13 for the discussion of the following matter or matters:
Woodland Trails
Old Bridge 516 Partners Condemnation
BE IT FURTHER RESOLVED that this meeting shall reconvene in public session in 10 minutes and that the minutes or other record of these discussions shall be available to be disclosed to the public in sixty (60) months unless a sooner date is determined by vote of the governing body at a public session.
Moved by Councilman Redmond, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Greene, Redmond, Sohor, Testino, President Maher
NAYS: None.
ABSENT: Councilmen Cucchiara, Hoff, Councilwoman Marinaccio
Regular Meeting reconvened at 10:15 p.m.
OLD BRIDGE 516 PARTNERS CONDEMNATION
Resolution #48
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
The Township Attorney is hereby authorized to amend the Declaration of Taking Filed with regard to Block 9000, Lot 16.13 for the purpose of more specifically describing the manner in which construction easements shall be used during construction easement shall be used during construction of certain improvements on Route 516.
Moved by Councilman Redmond, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Greene, Redmond, Sohor, Testino, President Maher.
NAYS: None.
ABSENT: Councilmen Cucchiara, Hoff, Councilwoman Marinaccio.
Motion to adjourn at 10:20 p.m. made by Councilman Testino, seconded by President Maher and so ordered on the following roll call vote:
AYES: Councilmen Butler, Greene, Redmond, Sohor, Testino, President Maher
NAYS: None.
ABSENT: Councilmen Cucchiara, Hoff, Councilwoman Marinaccio
_____________________________
Dennis M. Maher, Council President
______________________________
Rose-Marie Saracino, Township Clerk
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