OLD BRIDGE TOWNSHIP COUNCIL
AGENDA MEETING
January 7, 2002
An Agenda Meeting of the Township Council of the Township of Old Bridge was held on Monday, January 7, 2002 in the Municipal Complex. The meeting was called to order at 8:00 p.m. by Council President Reginald Butler who asked all present to participate in a salute to the flag, followed by a short prayer. The roll call by Deputy Clerk Stella Ward showed the following answering present: Councilmen Baker, Calogera, Greene, Hoff, Redmond, Testino,
Councilwoman Panos, President Butler. Councilman Maher was absent.
PRESENTATION - (1/14/02)
Certificates of Appreciation to the Old Bridge Rams National Cheer Champs - Midgets
Move-up
APPROVAL OF MINUTES
December 17, 2001 - Combined Meeting
HEARINGS
H-1 Release /Reduction Performance Guarantee - Presidential Estates, Inc. - Attorney requests postponement - No new date to be set at this time.
Councilman Redmond: Will the homeowners be renoticed of this change? People take time from their schedules and then the hearing is not held.
President Butler: Yes, they will be renoticed when a new date is set.
H-2 Cedar View Estates - Necessary repair on roads. (Meeting of 12/17/01 - Report by Engineer).
John Vincenti, Township Engineer: You may recall that about three weeks ago, with respect to repairs that are on-going, we have made significant progress with the contractor. However, due to the weather, there are a number of items that have not been able to be repaired at this point. Most of them are sidewalk repairs and it is too cold to do the concrete work. Most of the pavement repairs have been done and a number of patches associated with the sink holes have been done but not to our satisfaction, so those still remain outstanding. The developer has expressed a desire to move forward as quickly as possible so at this point we are recommending deferring any action to a time frame that is reasonable for the contractor to get out there and do the repairs.
President Butler: We also have the developer present here this evening so we would like to hear from him.
Andrew Ulrich: I am the attorney for Cedar View Estates. I have spoken with the engineer and explained that we are very eager to complete the work contained in the punch list and we will continue to do the work until the engineer gives his approval.
President Butler: I think that the developer and the engineer need to communicate with a member of the Homeowner's Association so that you are all on the "same page" because the last time you went to do some work, people could not get in and out of their homes because you had the streets blocked off. So I believe in this thing called communication so that when you are going to do something to affect them, they are aware of it.
Andrew Ulrich: I will definitely notify the association I have a contact person.
President Butler: I know there are some residents from Cedar View who would like to be heard.
John King: The only concern that I have is that once this punch list is met, and the Township takes the roads, I don't want to have problems with the road surface and it being referred back to the homeowners association.
Councilman Testino: I thought I had asked for a report on the condition of the roads to coincide with this hearing so that we can answer this gentlemen's question about when and where we would takeover these roads.
John Vincenti: We provided a memo to the Administrator with copies to the Council and there are specific items contained within the punch list that have not been completed, those are primarily the concrete items. All of the pavement items have been attempted to be addressed by the contractor, but as I indicated some were not done to our satisfaction.
Councilman Testino: Maybe I miscommunicated what my request was. My request is for you advise the Council along with the Road Department when you think the next paving of these roads would happen, once we took over the roads. This gentleman standing here says he has not had decent roads in 14 years. I suspect that the roads and maybe they have a life expectancy of only 20-30 years, but if we take over the roads at the next meeting they will come before us and ask them to pave the roads for them. So before we take them over and someone alluded to it at the last meeting that maybe patches was the only thing they needed. However, the gentleman standing here does not want to hear that from us, he wants to know when his roads will be paved.
John King: That is correct and I don't feel that I have to deal with the builder and the township.
Councilman Testino: I know it has been a long time and I am trying to get to the bottom of this matter. I thought I was going to get a report saying that the roads were good for another 5-6 years and the patches were adequate and we cannot ask the builder to do anything else and this is what you should put on your paving schedule. I am looking for your engineering opinion and maybe you need to consult with Rocky to see what we have to do, the next step to make these residents whole. That is what I am looking for. If they need to do something before we release their money, I need to know that.
John Vincenti: There are two separate issues here. First is the fact that the original paving was deficient with regard to thickness and there is a deficiency with respect to approximately one inch. The way we made that up was by recommending that $26,000 be transferred at some point into the Township's funds and the Council make a decision whether or not they wanted to pave that road. It is clear now that you want a recommendation as to whether or not that $26,000 is going to suffice to pave the roads if and when it would be needed.
Councilman Testino: I might be suspecting that it will not be sufficient, I think that was just a compromise number. I want to know between you and Rocky when you think the roads will have to be done so these citizens listening to us about this matter know what projected schedule they are on. They don't want to know the legalities between us and the developer, they want to know that we solved our problem with the developer and they want to know when they are going to get their services. That is their bottom line, I have been listening to them for many years and I think that I have finally gotten the message and now I am delivering it to everyone else.
Mayor Cannon: Can I get something clarified here? Are you expecting that when the Township takes over the roads they will be repaved, is this what you are expecting or are you just expecting us to take over the maintenance of the roads?
John King: I just don't want to be financially responsible for the roads. I'm not saying that you have to pave the roads as soon as you take them over, I am just asking that we be let out of the financial picture.
Councilman Calogera: I understand that we did a core sample on the asphalt, why if the roads were deficient to begin with, why isn't the builder being held to take care of the roads now?
John Vincenti: There are certain tolerances with regard to pavement and DOT establishes the guidelines and there is a criteria by which you outright reject the road and another by which you would accept it and more or less penalize the contractor for the deficiencies. We are in that middle ground, where the road design is sufficient with respect to strength, the design factor is somewhat less than desirable, the actual thickness of the road is acceptable, but not really up to standard.
Councilman Calogera When this plan got approval by the Planning Board, were not specifications put forth in the plans that were submitted, can't we check that to see what got approved and if the builder did not meet the specifications and it is deficient then it would be a breech of contract.
John Vincenti: That is why in essence he is being penalized the $26,000. Once the paving was done, the engineering department noted that there was not enough material and so we did paving cores and determined that the thickness was not sufficient and took the next step.
Councilman Calogera: How long ago was that?
Councilman Redmond: I would think it was about five years ago.
Councilman Calogera: Were steps taken to alleviate that problem?
John Vincenti: As far as I know I think the problem was neglected for a long period of time and basically now I believe the developer wants to take care of it and proceed in good faith and address the Township's concerns because 14 years is a long time for a performance bond to be lingering.
Councilman Hoff: Sure 14 years is a long time. We build roads in the township and we follow certain specifications why can't we expect developers to meet the same requirement and I don't care about DOT regulations I think that if the work is done improperly, then it should have been fixed at the time or fixed now. I think this whole discussion is premature because you cannot do any work in the next two months because of the weather. I think that we should set this hearing back and that the contractor should be made to bring the road up to proper specifications because it should have been built right the first time and why should the town pick up the burden because it was not done right.
Councilman Greene: I certainly agree that something should be done as soon as possible for these homeowners but I have a question on the $26,000 agreement. I get a sense that when all is said and done it will cost more than $26,000 is that true and if so I have a problem with that.
John Vincenti: In all honesty, if we were to go in and do an overlay on that road it would be more than $26,000.
Councilman Greene: If the developer is here then why are we settling for a figure that is less than what it will actually cost to repair the road.
John Vincenti: We are going with the prior recommendation of the engineering department which was approximately done 4-5 years ago in an effort to settle and resolve the situation.
Councilman Greene: I have a major concern with that and maybe the developer can come up with another figure.
John Vincenti: It was basically an agreement between the developer and the town that they would do this work as specified in the punch list and in addition to that the paving thickness issue would be resolved with a $26,000 reduction in the bond.
Councilman Greene: Is there any more money in the bond that the township could possibly access for this purpose?
Attorney Ruggierio: My understanding from the engineering department that the current cost to correct this problem was $30,000 is that correct?
John Vincenti: The current one inch deficiency would cost approximately that amount, but from a practical standpoint, you cannot pave one inch so you would really have to pave a greater thickness and the cost would more than the $30,000.
Attorney Ruggierio: I think what happened was that there was a great amount of neighborhood opposition at the time when this came up and the developer was kind of sent packing at that point even though it was considered by everyone that $26,000 was the appropriate penalty to be paid. Now that years have passed and the people in the development are not satisfied with the status of things there is less opposition to withholding a monetary penalty than there was years ago. I think that is the case and that is why it was suggested we go back to that $26,000 figure which has been with us for some time. You can obviously do whatever you think is appropriate it just does not seem right that we agreed on this figure and now we do not. I'll say this it has been a long time but I am getting a degree of cooperation from this developer that I don't get from others so I think that you should take that into consideration also.
Councilman Redmond: I am not so much concerned about the performance bond hanging around for 14 years, as I am concerned about the punch list.
John Vincenti: This punch list was made about two months ago.
Councilman Redmond: This list, but there have been other prior to that and this has been going on for a long time and the cooperation that you have been receiving is recent because of the fact that we were going to take the bonds, so all of a sudden there is all kinds of cooperation.
If there had been cooperation in the beginning we would not be to this point. The fact of the matter is if we are going to take the responsibility for those roads we must have them done correctly.
Councilman Baker: Are we going to take any action on this matter tonight? Everyone is saying that we should postpone this to a later date.
Councilman Calogera: The reason we got into this problem is because the builder did not meet the specifications and I don't think that we should take the property back until the contractor does the right thing and fixes it.
Councilman Hoff: I have a problem and I agree with Kevin that this is not the time to be discussing this because of the weather factor. One thing that sticks out is that $26,000 is for an overlay, but it would cost considerably more to properly fix these roads and I would like to know the cost of fixing the road the right way and I would like to have the cost estimate on that.
Mark (resident): I live in Cedar View and I think that one thing the township should be aware of is that Wayne Levy the builder did come back years ago and did patches on cracks and sink holes. Sink holes come back and there is something wrong under there, I don't know if it is water, but it is a continuing problem and some of them are on the corners near the bus stops. So the streets are bad and we paid our management people to bring in their people to backfill the sink holes to help with the safety problem, that is something else that the township should be aware of it and even if you pave the road, these sink holes could come back in a couple of years.
Councilman Greene: I want to do the right thing for all the residents of Cedar View, but I also don't want to take on a responsibility that really belongs to the builder. The more and more we talk about it the more concern we on the Council have with the negotiations.
Councilman Testino: I don't know what year the $26,000 came out, but if Mr. Shah put interest on that for a few years, I know that we would be up to the $30,000, that is number one so it is more than the original $26,000 + interest. If we have to put two inches down to do an overlay, that is the cost we should be looking at. I cannot see leaving these residents with patches and sink holes and I would like to see the agreement that you are referring to so that I can read it next time this hearing comes up. My request stands I want the engineering department or the road department to tell us in a written report form how long they think this road will last and the likely overlays to occur.
Mayor Cannon: Are there core samples from all the roads?
John Vincenti: There is a representative sample of all the roads throughout the development.
Councilwoman Panos: Doesn't the Planning Board review and approve the specifications when the builder comes before them?
Mayor Cannon: Road specifications are set by the DOT and the engineering office.
President Butler: We have had this problem for 14 years we have a punch list and John once this punch list is completed the residents want to make sure that they are able to have that additional inch of surface put on the roads.
John King: My concern is that the township takes over the roads and we the homeowners are not responsible.
President Butler: So you are saying they should do the punch list, put on the additional one inch paving, have the town do an inspection and then take over the roads, am I correct?
John King: Once we are told the roads are up to specs, and you have "x" amount of dollars to pave the road, then we should be out of it. It should be between the town and the builder.
President Butler: I think that with regard to the $26,000, that it should be reviewed because I think that it will cost more to repave than the amount previously agreed to. Therefore, I would ask that the engineering department look into this and advise us before the next hearing.
Councilman Testino: I thought this was a hearing that we scheduled against the developer and the bonding company, so we may have to renotice them and carry it to a certain date. I don't think we should let the pressure up because the only reason they are here being good and so cooperative is because we are about to take their bonds. I would like to know from Bill what formal action he needs not to let the pressure off.
Attorney Ruggierio: We originally had a date about a month ago and we carried it till today. I think that what will happen is that this order to show cause is carried until March 15th, so that is sufficient pressure. I do recall that there was a discussion about the $26,000 and the punch list and giving them notice, so when we talk about an agreement we have agreed to that already.
Councilman Testino: You will have to remind us about that when we come back in March.
MOTION
Motion to hold this matter over until the first meeting in March made by Councilman Hoff, seconded by Councilman Testino and so moved on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Maher
HEARING - (01/07/02
H-1 Release/Reduction Performance Guarantee - Hills of Matchaponix, Inc. - Attorney requests postponement - No new date to be set at this time.
Remove from Agenda
DISCUSSION ORDINANCE
DO-1 Limousine Ordinance - (requiring all limo applicants to be photographed, finger printed and background checked.)
Move-up
DO-2 Ordinance - Speed Limit along Rt. 18 in Old Bridge Township
Alayne Shepler: If you go into the body of the paperwork that you received from the DOT it gives various speed limits for various areas within the township. So for both directions of traffic in Middlesex County and Old Bridge Township Zone I - 55 mph between the Township of Old Bridge/Marlboro border and Birch Street; Zone II - 50 mph between Birch Street and Southwood Drive; Zone III 45 mph between Southwood Drive and Old Bridge Township/East Brunswick corporate line. The only exception is the 35 mph speed limit in front of St. Thomas the Apostle Church when the signs are flashing.
Councilman Calogera: So what are we doing with this?
Alayne Shepler: It was in my package for an ordinance, but this is a State highway and regulated by the DOT and they do the signage for traffic regulations and unless there is something for traffic regulations within our codification, that would be the only reason it would require attention.
Remove
DO-3 - Amending Bond Ordinance #25-00 for sidewalk, curb and apron improvements in the amount of $100,000.00
Himanshu Shah: This is just a change in the language. When we adopted the ordinance it was considered a local improvement ordinance, which went to the assessment process and we finally set up, the attorney advised it was set-up wrong and should be under general improvements so we are just changing the wording.
Move-up
DO-4 Ordinance - Increase members on Recreation Committee from 13-15 members.
Move-up
DO-5 Mandating number of Uniform Police Officers in the Police Department
Councilman Testino: This case was presented to us sometime in December and we have had the opportunity to read it. The Fort Lee case was reviewed by the Appellate Division and was affirmed substantially by the Supreme Court, which says in essence that you must and shall prescribe by ordinance the number of police officers in the department. Now I read the case law to say that the Council as the governing body cannot abdicate the responsibility in this regard.
If you want to hire more police or you want to replace those that are in currently, you cannot leave it to anything less than an ordinance. Anything done prior to this case law seems to be upheld as being "grandfathered" because the Court did not want to go back over all those issues. It seems to say that in the future all this must be mandated and discussed and put in the form of an ordinance if the Mayor is going to hire, whether it be 104 or 116, the number of sworn police officers must be prescribed pursuant to the Supreme Court's ruling. I don't see where we have much of a choice. We recently budgeted for the number of police officers. That number was at 116, Council can debate whether or not it want to move the 116, and if you think that you have to change it next year, then it will have to be done by ordinance. I simply feel obligated that when someone brings a case to our attention that we should make note of it and try to comply with the law. I think that if is going to be 87 patrolmen and that is what our budget brings it up to then we should plug the number in and not put "as may be deemed necessary from time to time", because I don't think that comports with what the case is saying and I bring that to your attention.
Councilman Redmond: I have a question. Ed said that if we wanted to change it next year it would have to be by ordinance, can you put a formula in there stating what conditions would require "x" number of officers and if these conditions change then the number of officers should change?
Attorney Ruggierio: Mr. Testino is correct in the way he described this case. The law requires you do two things, one that the type of position, patrolman, sergeant , etc., that you indicate how many. If you did it by a formula with regard to population, I think that it would be sustained. However, part of what is in the mind of the courts when it rules is that they want the governing body to kind of consciously fill the slots. The challenge you might get for a formula is that it should not happen automatically because each time you create a position there should be the whole ordinance process where the public gets the right to comment. My guess is that it would be sustained.
Councilman Calogera: Getting into some type of formula I believe is relevant not only to the population, but to special circumstances in town, like for example we have Rt. 9; it also should be relevant to the crime rate and I think we should look to find out what numbers would be feasible and workable. I think we need to look at other towns and see what their manpower levels are vs. their population and somehow collate that and I know it will take time, but we could form a committee to do something like that and come back with recommendations.
Councilman Testino: You guys can committee it to death, but my feeling is that we are not going to fire any policeman, so it has to be where we are today and what we just budgeted for, you cannot do more and you cannot do less. I am just saying pick one of those numbers and live with it.
Councilwoman Panos: Are you saying that you should pick 12 , which is budgeted? I think we should look at it, we don't know what the times are going to bring. I think there definitely should be a committee to review it.
Councilman Testino: So the Council that was here before you didn't do any work and thought 12 was enough or the right number and may I address the point about the committee, we have six months left in this year, either come into compliance with the budget or you don't. You should at least pass an ordinance stating that the number that you have now is the right number so that if somebody quits, gets fired, retires, that we can replace that person.
Capt. Cerra: I respect the recommendations of learning what is going on because some of you are new. I have been beating this issue to death over the last years. I have been running numbers in front of this Council consistently showing that we are undermanned. Through the beating of the bush over the past years they approved 1/16th for this fiscal year. To give you some stats which might help you out, you would like to be as manpower sharp as the State of New Jersey, if we did we would have 148 cops here. If we want to be as manpower sharp as Middlesex County as a whole, we would have 125 cops; we border Monmouth County if we want to be as sharp in manpower we would have 136 cops. In 1986 we had 104 cops, today we have 103. In 1986 we answered 28,000 calls, last year we answered 48,000 calls. We are the lowest town in Middlesex County for cops per 1000 population. The extra 12 will bring us up to 116, which will give us an average of 1.9 for every 1000 people; the State is 2.6; the County is 2.07. I have shown the Council prior to you how this was a very important issue. I have attempted to implement over the years a hiring plan for specific number each year until we hit an average of 2 per thousand people. We have a job to do and we need the where with all to do it.
They approved the 116, the case was brought to their attention. That is the money that is earmarked in the budget for salary and wages for police officers for this year. It cannot go anywhere else and that is what it is expected to be spent on. If you don't spend that money on these police officers, I am going to make some heavy duty accusations because that money will sit in that account for this year and all next year by law and then it will become surplus, the year certain people run for office. I need cops and I need them today. This ordinance verifies and documents and supports the budget that was passed. I take my job very, very serious.
President Butler: Mr. Ruggierio, have you read this and what is your opinion?
Attorney Ruggierio: I have seen the cases and my recommendation is that Mr. Testino's interpretation is what is required namely that there be an ordinance designating the number of positions and a description of those positions and that is what is required.
Councilwoman Panos: I am not here to argue but to learn. How many calls have been answered last year on our manpower?
President Butler: 48,000 calls.
Councilwoman Panos: Where does the number 12 come from, who did the study?
Councilman Testino: We budgeted for 12 more this year. The Council sub-committee worked with the police department to come up with that number. There is a committee every year for the police department. In fact when Mr. Mannino was sitting next to me, his plan was to hire five policemen each year to come into compliance. However, we did not keep up with that plan, if we had we would probably be at 120 officers by now.
Councilwoman Panos: Who was on that committee?
Councilman Testino: Larry, myself, Dennis and Richard.
Councilman Redmond: It was the recommendation of the police department to add the 12 new officers and they were incorporated into the budget and to help bring us closer into parity with the neighboring towns and the State of New Jersey.
Move-up
DO-6 - Order of Business/Agenda
Councilman Baker: I am looking for some direction Mr. President with regard to the Agenda. It sickens me that something happened 14 years and has not been closed. Is there a way we can put on the Agenda open items from previous weeks, months and years that Council has not closed so we can be kept aware of them.
President Butler: That is what we had the engineering department do about six months ago. All of the old projects were listed so we could take a look at them and close the book on them.
Councilman Baker: To be specific, if there is something left that the Council has not acted on, I would like to see what it is and the current status and who is accountable for that item.
Clerk Saracino: I remember under Tom English we did that on the Agenda and it really got out of hand. I will try to put together a list of the outstanding items for 2001.
Councilman Baker: Rose, will you get that to me so that I can look at it?
DISCUSSION RESOLUTION
DR-1 Recognizing commendations by the Old Bridge Police Department for the police volunteers on September 11th and 12th, 2001.
Councilman Testino: I thought it would be nice to hand them a resolution and the other thing was that I know we sent over some EMS and firefighters and I think we should recognize these people too. If the Chief and the Mayor can provide us with a list we can present them with a resolution also. I will move it when you get the list.
Move-up
DR-2 Rescind resolution memoralizing Release of Performance Guarantee for J.L.R.S. (Heilbrunn Bldg.) - (Amount released on resolution at 12/11/01 meeting was incorrect.) (10% cash deposit was to be held instead it was added to the released figure)
Move-up
DR-3 Memorialize Release of Performance Guarantee - J.L.R.S. Heilbrunn Bldg.
Move-up
DR-4 Memorialize Release of Performance Guarantee - Toubin Realty/CVS
Move-up
DR-5 Memorialize granting permission for the Harley Davidson 100th Anniversary Celebration at Old Bridge Township Raceway Park (August 16, 17, 18, 2002)
Move-up
Councilman Redmond: Do we actually give them permission or do they still have to get the permits?
President Butler: They still have to get all the required permits. We are just giving them the permit for a mass assembly.
Councilman Baker: When they are all gone and there is something wrong, do we have any money to hold?
Clerk Saracino: We have a 1 million dollar insurance coverage.
DR-6 Payment of Accumulated Time - Retirement of Nelson Iglesias, Township Engineer in the amount of $16,416.58.
Move-up
DR-7 Resolution opposing Crystal Lake at Aberdeen
Councilman Testino: You should have received a copy of the Open Space Committee report on our neighbor Aberdeen is seeking to put a housing development right in our backyard that certainly does not comport with the neighboring property. We have a recommendation from the committee opposing it and I would ask that the Council put a resolution forth opposing it and ask that representatives like Sam Rizzo attend the meetings.
Mayor Cannon: I believe that we already did a resolution and Sam is scheduled to attend the January 16th meeting.
Councilman Testino: Can we get a report from him?
Mayor Cannon: We did get a report from the first meeting he attended and we will get one for this meeting.
Remove from Agenda
DR-8 Approval of Agreement for Parker, McCay & Criscuolo, P.A. as the Bond Counsel
Move-up
Councilman Baker: Reggie, you went too fast for me. I have a question on DR-6. Is it policy for people of the town not to take their sick days or vacation and be paid for it; not the Union but the management personnel?
Alayne Shepler: This is a management position and he is entitled to the amount. They are entitled to the same sick, vacation policy as the union people, there is no contract for the managers.
Councilman Baker: In corporate America we need people to take their vacation days to make them stronger when they are working and I urge the Council or whoever is in charge not to have a repeat of this.
Mayor Cannon: It is Administration and everybody is required to take vacation time, you can only carry over five (5) days and you have to use it in the first three months of the following year or you lose it.
Councilman Baker: He has 25 days + 33.5 sick days.
Alayne Shepler: As of January 1, 2002 he picked-up 25 vacation days, that is why everyone retires January 1st instead of December 31st.
DR-9 Resolution to impose municipal charges on owners John & Elsie Heinen of 464 Harding Road, Block 61 Lot 463.11 due to work that Code Enforcement had to have performed due to unsafe and unhealthy property.
Move-up
DR-10 Bank Depository - MBIA Class (Municipal Investors Servicing Corporation)
Move-up
DR-11 Award of Professional Services Contract for design of Ticetown Road Soccer Parking Lot to T&M Associates in the amount of $26,000.00 (Completion of wetlands delineation, conceptual plan, soils investigation, design and bid services for this bonded project.)
Move-up
DR-12 Award of Professional Services Contract for preliminary assessment report for Block 4185, Lot 28.11 to Jacobs Environmental, Inc. in the amount of $3500.00. (Environmental report on potential site of Ward 3 Recreation Center)
Alayne Shepler: On DR-12 may I make a substitution, changing it from Jacobs Environmental to Shoor DePalma at the same price?
President Butler: Why are you making that change?
Alayne Shepler: I believe Mr. Ruggierio can give you the answer on that.
Attorney Ruggierio: There was a question put to me today about giving this contract to Jacobs. Mr. Jacobs is currently on his 4th term in litigation in connection with a Zoning Board matter and items may still be pending. If all goes according to the way it probably will this matter could end up before you the Council. So since the other firm bid exactly the same amount I thought it would be prudent to award it to another firm until this litigation is completed.
President Butler: That makes sense.
Councilman Testino: Why did you recommend them in the first place?
Tom Badcock: I thought that they have expertise in this matter and so I thought that they would be a good choice.
Councilman Hoff: These suits are not relative at all.
Mayor Cannon: They are, Bill ruled that you should not award the contract with pending litigation.
Councilman Testino: Maybe someone should tell him not to bid on Township stuff until these matters are resolved.
Move-up
DR-13 Resolution authorizing contract to consult with the legal and engineering departments for Nelson Iglesias "Not to exceed $5000.00".
Attorney Ruggierio: At this point I do not know how much of this contract will be utilized. Nelson is a critical witness in at least the Oakwoode case and there may be others, and I may be able to use him as an expert witness.
Move-up
Mayor Cannon: Excuse me Mr. President, Councilman Testino asked Bill the question regarding the Jacobson Environmental award, can Bill answer that now?
Councilman Testino: I will wait till next Monday night to ask it. And by the way, I am not agreeing with the substitution either.
DR-14 Resolution to recognize the contributions and goals of their local boards of education
Move-up
DR-15 Resolution authorizing contract for Marc Dembling, Esq. (Re: Sommer vs. Township)
Attorney Ruggierio: Marc Dembling has been with us for a number of years, as a matter of fact I gave him a little bit of hell because his bill came in covering periods that we did not have a contract for, I guess he was not up to speed on Municipal contractual obligations. The long and short of it is, we have what is potentially a 36 million dollar exposure on the Somers case and we have insurance policies going back to 1962. Mr. Dembling is an expert on insurance policies and coverage and although I am the attorney of record, I have used him and he has attended every conference in the Sommers matter so that I don't miss anything in this area. That is why I am recommending this contract. It is a little larger than most but some of it covers the amounts he has already earned.
Councilman Testino: Do you have the money in your budget, so you don't think it is going to exceed the $25,000?
Attorney Ruggierio: I have the money in the budget, but who knows where this case will go. In a month, I could have seven appearances and Mr. Dembling could be at all of them.
ACTION REQUESTED ON 1/7/02 TO COMPLY WITH COURT DEADLINE ON ITEMS DR-16 AND DR-17
RESOLUTION #30-02
RESOLUTION AUTHORIZING CONTRACT WITH CME ASSOCIATES FOR PREPARATION OF A PROPERTY SURVEY FOR WOODLAND TRAILS (CEDAR RIDGE II) ACQUISITION.
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, the Township of Old Bridge requires the services of an engineering firm to prepare a property survey for the Woodland Trails (Cedar Ridge II) acquisition; and
WHEREAS, CME Associates is a licensed New Jersey engineering consulting firm which is recognized as capable and available to undertake such work; and
WHEREAS, the Township Council wishes to authorize a contract with CME Associates for purposes of preparing the property survey for the Woodland Trails (Cedar Ridge II) acquisition.
NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows:
- A contract for professional services is authorized to be entered into with CME Associates located at 1460 Route 9 South, Howell, New Jersey 07731, in the amount of $19,100.00.
- The award of the contract is contingent upon the availability of funds #1020 certifying the existence of a sufficient appropriation from the appropriate capital ordinance.
- The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.
This Resolution is conditioned upon the following:
- Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
- Issuance of a Certificate of Availability of Funds as aforesaid.
- Compliance by the Vendor with signing the mandatory affirmative action language required by law.
- Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with Affirmative Action employee information reporting.
Motion made by Councilman Redmond, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: Councilman Hoff.
ABSENT: Councilman Maher.
Prior to the roll call vote the following discussion took place.
Alayne Shepler: These items need action this evening.
RESOLUTION #31-02
RESOLUTION AUTHORIZING CONTRACT WITH MASER CONSULTING FOR PREPARATION OF A PHASE I ENVIRONMENTAL EVALUATION FOR WOODLAND TRAILS (CEDAR RIDGE II) ACQUISITION.
WHEREAS, the Township of Old Bridge requires the services of an engineering firm to prepare a Phase I Environmental Evaluation for the Woodland Trails (Cedar Ridge II) acquisition; and
WHEREAS, Maser Consulting is a licensed New Jersey engineering consulting firm which is recognized as capable and available to undertake such work; and
WHEREAS, the Township Council wishes to authorize a contract with Maser Consulting for purposes of preparing the Phase I Environmental Evaluation for the Woodland Trails (Cedar Ridge II) acquisition.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:
- A contract for professional services is authorized to be entered into with Maser Consulting, located at 30 Freneau Avenue, Matawan, New Jersey 07747 in the amount of $2,700.00.
- The award of the contract is contingent upon the availability of funds #1019 certifying the existence of a sufficient appropriation from the appropriate capital ordinance.
- The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.
This Resolution is conditioned upon the following:
- Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
- Issuance of a Certificate of Availability of Funds as aforesaid.
- Compliance by the Vendor with signing the mandatory affirmative action language required by law.
- Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with Affirmative Action employee information reporting.
Motion made by Councilman Redmond, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: Councilman Hoff.
ABSENT: Councilman Maher.
Alayne Shepler: President Butler before you leave the agenda at this point I ask that you put additions to this because they have some timeliness to them. One is the award of the contract for the gas lines for the library, I will have the completed report from Mario Barone prior to Monday nights meeting. The bids were opened, there were five bidders, the low bid was $27,000 and we are in the process of checking out the low bidder. We are told he is a very good contractor with excellent references and I will have that information for you on Monday. I am also adding that you accept the bid from Nextel Communications for the tower space on the ground lease so that they put another antenna on our tower which will bring us $16,380.00 per year.
Move-up
Councilman Hoff: When do we get the designation and description of the gas lines in the library. I read that the library admitted they were still looking for studies and it first came to light in February of last year and what are we looking at now?
Alayne Shepler: The gas line was October, the first instance was the day of the Old Bridge Fair. We are addressing the problem now.
DISCUSSION
D-1 Codification of Code Book - (Attorney to submit recommended changes and adoption ordinances for Council review)
Attorney Ruggierio: I think that the new Council people have not seen the proposed recodification so we have to get that to all of them along with the adopting ordinance which is done. Mr. Testino asked for and I need to provide it to the Council at the next Agenda meeting is some type of an analysis as to where there have been power shifts between the Mayor, Council, Department Heads within the Administrative Code. I will give you a separate report which is not yet done, but I will have completed by the next Agenda meeting to comply with Mr. Testino's original request. As for the new Council members we will go through copies of the codification to be adopted and then at some point Council will put it on for adoption.
D-2 Sayrewoods South Little League Drainage and Remedial work study. (Review of the need to bond for remedial work determined by consulting engineers feasibility study at Sayrewoods South Little League Complex)
Councilman Greene: This is an item that goes back in time. What happened is that 4-5 months ago, several members of the Sayrewoods South Little League came and indicated that they had a long outstanding problem with the drainage and most of the Council is aware of it.
Because of a severe water situation they have problems with one of the fields being unplayable many times during the year; the roadway erodes; they have problems with the clubhouse. Over many discussions they were told that since this is the only field actually owned by the town, the town would be responsible for the repairs or move them to another field. I think they are at a point where they would like the Council to help them out with the decision. Tom Badcock, went out and he got a proposal from an engineering firm to do a study to try and resolve the problem and the cost would be $17,000. We know that long term it would expensive to address the problems, and it probably will be much more to fix the problems, but I think that $17,000 is a fair and reasonable price to help out this association. I would ask the Council to see if they can find the money in the budget to fund this engineering study.
Councilman Redmond: I am familiar with this issue and I have personally tried to clean out drains and help with the problem. There are wetlands problems down there and certain areas that require attention. I think the study is a good idea, but I think that we are going to be told because of the creek back there that the water is a continuous problem and the solution would be to move this association to another location. I have no problem with the study if we could solve that problem.
President Butler: So we will take this under advisement when we are doing the capital budget projects.
D-3 Moving agenda meetings to satellite locations.
Councilman Testino: This is not a new idea, but I thought that maybe with a new Council I could get some support. I would like to see some satellite locations at least for our Agenda meetings. I thought that if we went to the Cliffwood Beach Fire House and I could shake some of those firemen's hands and if we go down to Laurence Harbor Memorial School or South Old Bridge, and say hello to them, we could get more of the residents involved and get more public input into the meeting. It is up for debate, I would love to rotate them at least once a month, take a break in the summertime and holidays and then resume, I think that we could possibly get six meeting a year in.
President Butler: In other words, it would be like taking our show on the road.
Councilman Testino: Not really the show, because the cameras would be off, but I am sure that we could all benefit by town meetings in certain of our colloquial districts.
Alayne Shepler: Just a comment, as you know, these meetings get longer and longer, but quite frankly I agree that we could go on the road and I don't mind becoming Willie Nelson, but the only problem I have is that traditionally the public is not allowed to speak at Agenda meetings and if you change that you are then opening up another entire can of worms. I think that you might want to revisit some of this.
Councilman Testino: Council President could recognize people to speak if he wanted to at Agenda meetings. I would like this issue to be looked out and maybe the clerk can come up with a plan.
Councilman Baker: I think it is a great idea, but I think that the public is for the public meetings and it would be redundant week after week to repeat the same thing.
Councilman Testino: Does that mean that I get my report from the Clerk's office at the next meeting?
President Butler: It means that the Clerk's office will look into it.
D-4 Emblem/Collage
Councilman Testino: That wreath looked so nice up there that I thought I had to put this issue on again that we have the symbol of the town behind the dais. Almost every other municipality has something behind them.
Alayne Shepler: I happen to agree with Mr. Testino and with that regard I have been looking into various forms and getting us some type of township seal to be displayed behind the dais.
Councilman Hoff: I happen to be out in the boon docks and all that we watch is town meetings and I see beautiful townhalls where they sit in semi-circles. That would be ideal for us because then you could see the other end of the Council. Anyway, at least the chairs have to be replaced and I think this should be looked into.
Clerk Saracino: That configuration has been discussed before. There is no money available in this budget to do these changes.
Alayne Shepler: There is no money available in this budget for these renovations.
Councilman Hoff: Could you look into it anyway and see what we are talking about as far as cost?
Alayne Shepler: You have to remember that whatever we do in this chamber you must consider that we also use it as a courtroom. It would have to pass the muster of the Administrative Officer of the Courts, so we have to be particularly careful in the design.
D-5 Redevelopment plan for O&Y Property
Councilman Testino: I figured I would start off the New Year by getting rid of a log jam.
This property has been sitting for awhile. We have looked at the EDC, some of the Housing Authority people have been talking about it. I would think that if we got cooperation from both boards we could work as a team and move this off the dime. My thought is that the EDC has a little money that they bankrolled, that they could spend the money efficiently and come up with a plan and bring before the Planning Board and the Council and once the plan was adopted we could bring the Housing Authority along and make them implement the plan. They would be dividing the duties and everybody would have a piece of the action and be involved and each entity would have a roll to play. I think the EDC should be given a significant roll so that they can move this along.
Councilman Redmond: Where do we stand in the process?
Mayor Cannon: I think the next thing is to develop a plan and then go out for RFP's and then you appoint the redevelopment agency.
Councilman Testino: If the EDC is developing the plan and they have money, they can get professionals on board to assist them in developing a professional plan for that property and it will never get done if we ask John Vincenti to do it because they are loaded right now. It is a major project, there is a lot of land to deal with and I think we should get moving.
Maryann Gurliaccio The Housing Authority is moving into that direction and we will be putting out the RFP's shortly and then present a plan to the Council. I need to remind the Council that only one entity can be the developing agency.
Councilman Testino: I am aware of that, but my plan is different. I will call it the Solomon Plan because I am trying to get everyone involved. I will give the development part of the piece to put the plan together to the EDC because I think they have some money they can spend on this and help the town and the Housing Authority can collaborate with them, but they would not be in charge of it until after it got through the Planning Board and Council and if everyone accepts the plan, then we will designate an agency to be in charge of developing the land. This would allow us to use all the committees the Council has available to it and bring people into it and have a consensus of everyone involved.
Maryann Gurliaccio: Am I incorrect in saying that the Council about three months ago indicated that any one of the agencies could present a plan?
Councilman Testino: You can still present a plan. Here is the problem as I understand it.
The Housing Authority would have to develop it for housing and there is not a housing proponent they would not be able to spend their money. So with that road block in the way, I think it would be wise for the EDC to spend their money and the Housing Authority to collaborate until we get a plan up and running.
Maryann Gurliaccio: One of the things I am going to be presenting to the Housing Authority is a possible survey being put out to the residents to see how they want that property developed.
Councilman Testino: I would love for you and the EDC to work together on this plan.
Councilman Calogera: I don't have any problem with getting together with Ms. Gurliaccio, the Mayor and some committee to set the ground rules for sending out the RFP for development.
Councilman Testino: I think that RFP's now is premature. Unless we have our own plan we are going to lose value on the land. Somebody has to get these people in a room, tell them what our mission is and come back and comment on it. Ultimately, you have to adopt a plan before you can move forward.
Mayor Cannon: I think that we all agree that this land should be designated for the highest and best use. We do not want housing there and I don't know the benefit of surveying the public.
Councilman Testino: I am not looking to turn anybody off, I will accept any and all help I can get. Do I have to have a subcommittee?
Mayor Cannon: The EDC needs to discuss it at its next meeting and see if they accept it.
President Butler: I think a committee would be a good idea. I will have a meeting and I will come back with a plan for the next agenda meeting. Give me three people for the Committee.
Deputy Clerk Ward: It appears that the selection is Mr. Testino, Mr. Calogera, Mr. Greene and President Butler.
D-6 Library Board Expansion
Councilman Testino: The Mayor thought that we should expand the Library Board. Do we have to change our ordinance?
Attorney Ruggierio: The Ordinance does not indicate the number, the Library Board was established by referendum and after it was passed there was an amendment passed to allow the Board to be expanded to nine. We concluded that based on the fact that all the authority comes from the statute there did not need to be an ordinance.
Councilman Testino: Doesn't the statute say five year terms with specifications?
Attorney Ruggierio: Everyone that is on the board has a term that is recorded in accordance with the statute. The two people who were added I think there was some erroneous information stated at the reorganization meeting. If you appoint someone to an office that has a five year term and if you appoint them for a three year term, they get the five year term. The first appointees are staggered according to the statute and then the terms are specified.
Councilman Testino: I am not happy with the circumstance as it existed because it was embarrassing when the answer given to our Council person was in error.
Mayor Cannon: I apologize, but I did not have that information in front of me.
D-7 Extension of Sergeant's List
President Butler: There are a couple of thoughts on this. We do not have a Sergeant's test scheduled and if I remember correctly I think the cost for this would be about $25,000.00 and we could not take any money out till sometime in May. The other thought was that we use the old list until we could put a new list together.
Councilman Redmond: We already have two things that we are dipping into that money in May, police cars and something else. I think to make a decision now and dip in and have another test wouldn't be right because we don't know that the money is going to be there. I would rather that and what would be the harm in extending it until the next fiscal year?
Capt. Cerra: I apologize but I was looking at the cost analysis and I was looking at how much I already spent due to things that were out of our control and I looked and the list was up next month. If you don't do it, I just want you to know that I have to a list and I am going to have to come to you in May and I didn't want to do it and say that you have to give me the money in May because I have to do this test. I am telling you the problem that I am running into now with cash and I am giving you those two solutions; one is to extend the list, which is not uncommon, and that is not uncommon.
President Butler: We have done it in the past, haven't we?
Captain Cerra: Yes, but again that is up to you. The second thing is to be ready to give more money because we are all against acting positions.
Mayor Cannon: We absolutely are.
Captain Cerra: This list expires February 7, 2002 and I have given a letter to all of you regarding my position. . I think that if it done this month and the twenty days are waived, I believe we can do it before February 7th. I think that Bill Ruggierio can clarify this.
Councilman Greene: Is it is my understanding that extending the list is fine by you?
Captain Cerra: I do not have the money as it stands right now to give another test.
President Butler: Bill, are you looking to weigh in on this?
Attorney Ruggierio: No. I agree with what Capt. Cerra says regarding the legal issue, but it is up to you. It does not sound like an unreasonable suggestion.
Councilman Redmond: If we vote on it Monday night for first reading, then in two weeks have the second reading, will it make the twenty days before the list expires or will we have to waive the twenty days.?
Attorney Ruggierio: That is what Capt. Cerra's suggestion is to waive the twenty days.
Councilman Redmond: So then let's move this matter up.
Councilman Calogera: I have a question regarding the present police officer list, when does that list expire?
Capt. Cerra: It expires in October 2003.
Councilman Calogera: So this extension will be limited only to the Sergeant's list?
Capt. Cerra: There are two signed ordinances; one relates to the promotion list and the other to the Police Officer's list.
Councilman Redmond: Can we move this for first reading tonight or does it have to be advertised because I will move it tonight?
President Butler: I'll second it.
Clerk Saracino: If you introduce it tonight by the time Bill gives us the ordinance to advertise for first reading, and with the current time frame you are still looking at having to waive the twenty days.
President Butler: So we'll leave it for first reading on Monday.
SET DATE
SD-1 Release/Reduction Performance Guarantee - Highway 33 Oil Corporation (Petroleum Supply Corp.) (Suggested Date: Monday March 4, 2002 - 8 PM)
SD-2 Release/Reduction Performance Guarantee - Shurgard Storage Centers, Inc. (Suggested Date: Monday April 1, 2002 - 8PM)
SD-3 Release/Reduction Performance Guarantee - Highview Estates III - Date was originally set for March 4, 2002 - Attorney is requesting a new date of Monday, April 8, 2002 - 8PM
President Butler: Anyone have anything else?
Councilman Baker: I have one thing. At Agenda meetings, I would like the public
to be spectators. They have the right to speak at regular meetings and we welcome them, but at Agenda meetings, it is not supposed to be open to the floor and tonight we did and I don't know why. I suggest that at the next Agenda meeting we follow the rules.
Motion to adjourn made by Councilman Baker seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilmen Maher, Hoff.
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Reginald Butler, Council President
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Rose-Marie Saracino, Township Clerk
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