OLD BRIDGE TOWNSHIP COUNCIL
AGENDA MEETING
March 18, 2002
An Agenda meeting of the Township Council of the Township of Old Bridge was held on March 18, 2002 in the Municipal Complex. The meeting was called to order by President Butler who asked all present to participate in a salute to the flag which was followed by a short prayer.
Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places. Next meeting of the Council will be March 25, 2002 at 8:00 p.m.
Roll call at 8:05 p.m. by Deputy Clerk Stella Ward showed the following members
Present: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
HEARINGS (3/18/02)
H-1 Cedar View Estates - (Cost to repair road and how long should the road last before it needs repairing?) (Engineering Dept. & Road Dept.)
John Vincenti, Township Engineer: Council may recall back in November there was an action notice of intent to declare the performance guarantee in default. There was a hearing that night and there was a follow-up hearing in January between that time and now a number of things have taken place. Essentially the developer has addressed to our satisfaction all the punch list items that were listed in that November notice of intent. Therefore, we are requesting that the performance guarantee be released at this time subject to five items. The first would be the posting of a maintenance bond for a two year period. The amount of the maintenance bond is $l73,155.64. The second item is the developer agreeing to forward the amount of $26,835.50 to the township for deficient pavement section in accordance with a report that we prepared at the direction of the Council. The third item is the developer replacing two additional portions of sidewalk at number 4 Jonathan Ct. and number 10 Jonathan CT These items were not on the punch list but recently came to our attention and the developer has agreed to replace them. Number four is the receipt of As Builts for the development. Number five is the receipt of a certification that the subdivision monuments have been set. Turning to the report, there are a number of things that Council looked for. Basically an analysis of the condition of the streets. We had done some pavement cores in 1995. Those pavement cores revealed the deficiency of l" thickness and we calculated a straight dollar for dollar replacement cost versus the bond of $26,835.50. That's where that number comes from. That's in bond dollars from the original bond ten years ago. There was a question in generally how long we would expect roads to last . The usual life is generally 2 years. The important thing is we feel that the condition of these roads in this subdivision is what we would expect. There are a number of cosmetic items in patches that were done but from a structural standpoint, notwithstanding the l" deficiency, we feel that the roads are structurally sound. There was also a request of our department to perform a cost estimate if we were to fix the roads and give that additional l" of thickness and the estimate basically takes into account resetting of manholes, the pavement would have to be l l/2" because it's not practical that l" can be put down and we're estimating that if this remediation work was done at today's prices it would total $60,000.00. Also, I had a number of meetings and conversations with the representatives of the Homeowners' Association. I feel that their main point is that they want, at this point, the town to take over the responsibility of the roads. Thomas Piper, attorney for Cedar View Estates: Mr. Vincenti essentially stated our position which really, more succinctly, was in a letter Mr. Ruggierio sent to me back on December 21st which said with regard to the above matter that any bond release would have the effect of causing public acceptance of the roads in the project. The specifics of the punch list I will leave that to the good offices of your engineer and the builder to work out. As I said, our only concern is, if the bond is released, that the town acknowledge acceptance of the roads.
Ed Wilkinson: On behalf of the developer, our position is more or less along the lines of what the engineer stated.
President Butler: So you basically agree with the engineer specifically stated.
Ed Wilkinson: Yes.
President Butler: I would like to hear from the Cedar View residents. Gentlemen do you have anything to add to what's been said already? Are you satisfied with what's taken place up here?
Unidentified resident: As long as the township takes over the roads.
Councilman Calogera: John, how much was the bond for?
John Vincenti: We're looking for $26,835.50 for the pavement thickness deficiency.
Councilman Calogera: That's only covering us for one inch. That does not cover us going and scraping the road and putting an inch and a half down.
John Vincenti: We feel that that is not necessary at this time.
Councilman Calogera: This problem arose originally when the builder was either negligent or for whatever reason, did not put down what he was supposed to for the full top layer.
John Vincenti: Yes.
Councilman Calogera: My concern is, if we're going to take roads over, that they're done correctly and I don't think that we should have to lay out any extra money if we're going to go and scrape the roads, put down an inch and a half and it was a problem which I think started with the builder. So once again, I put it back on the builder and I don't think the bond of $26,835.50 is going to cover the cost of $69,000.00 projected for rescraping an inch and a half.
John Vincenti: $60,000.00.
Councilman Calogera: $60,000.00, alright, I'm still missing something here. If we're going to spend $60,000.00 on roads it should have been up to par to begin with. We're only getting a bond for $26,000.00. Please explain it to me.
John Vincenti: What I'm saying, Kevin, based on our inspection of the roadways that are out there today, we feel that while there is one inch deficiency, the structural integrity of the road is there and that the remediation work to give the additional thickness at this point in time is not required. The service life of the roads is adequate and what's there now will stand up.
MOTION
by Councilman Baker to accept $26,835.50 from developer in addition to other improvements that are going to be made, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilmen Baker, Greene, Hoff, Maher, Redmond, Councilwoman Panos, President Butler.
NAYS: Councilmen Calogera, Testino.
H-2 Release/Reduction Performance Guarantee - Renaissance Corporate Center (Phase I, Bldg. 2)
John Vincenti: We reported to the Mayor and Council March 13th. This is a request for release of a performance guarantee for Renaissance Plaza. It's Phase I, Bldg. 2. It's the building on the south bound lanes of route 9 next to the Amboy main offices. We currently have a performance guarantee on file in excess of $l87,000.00 with 10% cash portion of $20,000.00. We performed inspections. All the work is done to our satisfaction. We're recommending a release of the performance guarantee subject to two items. Number one is posting of a two year maintenance bond in the amount of $31,256.15 that's 15% of the original performance guarantee. The second condition is submission of As Built drawings. We have reviewed them. There are some deficiencies and we're waiting for those corrections. That is all.
Attorney Goldstein: My client agrees to both of those conditions.
Councilman Calogera: There was a question on the drainage on that building at one time, how it was going to drain out. Was that hooked into sewer?
John Vincenti: Is that storm water? I would have to feel that that's has been satisfied to the satisfaction of our department. That's part of the bonded improvements.
Councilman Calogera: I believe that there was supposedly a report to come back from
Mr. Iglesias to the planning board in regard to where that was being tied into, to an adjacent property or in doing a regional drain basin from what I understand. There was a number of different alternatives. I would like to know what we finally wound up with. I believe there were also cross easements with Mr. Brown's property.
John Vincenti: Kevin, the only thing I can say is I can do a little bit of research and report to you within the next week or so. I'm being told that that may be a different property. That may be the Woodward Commons property.
Councilman Calogera: That may be a couple of hundred feet north of that. Okay, it possibly is. I apologize, but Mr. Heilbrunn's office presents many projects, it's very easy to confuse them. That was not the one with Mr. Brown's property, right, the basin? Okay.
President Butler opened the public portion. Seeing no hands, President Butler closed the public portion.
MOTION
by Councilman Baker to release the bond subject to a posting of a two year maintenance bond in the amount of $31,256.15 and submission of As Built drawings, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler
HEARING (3/25/02)
H-1 Release/Reduction Performance Guarantee - Foxborough Village II/Rolling Meadows
No Discussion.
ORDINANCE FOR SECOND READING
ORD. #08-02 Fee schedule for Inverness Parking Lot.
No discussion.
ORD. #09-02 Amending Land Development Ordinance to establish fees for the posting of signs for proposed subdivision/site plans/ and or variance applications - $150.00 per sign.
No discussion.
ORD. #10-02 Amending Health Department fees for inspection of food vendors.
Councilman Testino: I have a question on the fee schedule for the Health Department before we get to the after care, did the county recommend that rate since we're using the county department. Are those standard somehow?
Mayor Cannon: These are from our local health department and are out of whack. They haven't been raised in quite some time.
ORD. #11-02 Before and After School Program - Fee Change.
Councilman Testino: We got a detailed analysis on the Before and After School program and it looks like you're still going to be breaking even or just about even or do you anticipate a raise in cost next year? We had a surplus in l999, right?
Mr. Shah: In 1999, in 2000, we had a surplus. On the second page it shows how the surplus is going to be dwindled down if we don't adjust the fees now.
Councilman Testino: Do we know what this is going to do to our usage if we raise the fees?
Mr. Shah: We have held the fees for many years for this program and have increased the services.
Councilman Testino: Okay, we're not going to be losing the users because of the increase.
Mr. Terranova: I don't believe so. The $30.00 increase is to keep pace with the growing expenses. This year some of the expenses that have been projected to us from the vendors that we use show increases already. We are looking to expand in September also the Middle School, in the After School Program.
Mr. Shah: This is a self-supporting program. It's better to raise the fees with a small increase now than to have it done by taxes.
Councilman Testino: It keeps the surplus in the program.
Mr. Shah: It stays in the Program. That's how we were able to lower the fees last time.
DISCUSSION ORDINANCE
DO-1 Compensation to Ward Commissioners ($750.00 to each of the five (5) commissioners)
Councilman Maher: Mr. Butler, is that the fee that all the local towns have paid to their commissioners that assisted us with the local census?
President Butler: Administration can you help us out with that?
Alayne Shepler: They paid Woodbridge and surrounding areas $750.00.
President Maher: Can we just get an analysis of that before Monday on what the surrounding towns paid?
DO-2 Relocate "No Parking"sign on Maple Street- (relocate the sign closer toward Route 18 to where Maple Street widens.)
Councilman Testino: Our standard practice has been that once a council person suggests something like this that we consider it and send it to Traffic and Safety and make sure that we can do it and then bring it back for the Ordinance.
President Butler: That's what we'll do, we'll send this to Traffic and Safety Lucille.
Councilwoman Panos: Thank you.
"CONSENT AGENDA"
C-1 Block Party - York Street-Saturday, July 20, 2002 (Rain date of Sunday, July 27, 2002)
No Discussion.
DISCUSSION RESOLUTION
DR-1 Guidelines of Tax Abatement - Penrose Property - Block 17000 Lot 27.12
Councilman Calogera: I was just curious because it looked liked it was a pilot. Himanshu can you give me a little background on the Penrose tax abatement? It's not a tax abatement, it's a pilot?
Mr. Shah: I'm not clear. I think Bill can answer the questions a little better because I don't know about the tax abatement, I thought we were going to do the pilot.
Mr. Ruggierio: This is complex stuff so I'll just give you the broad........
Councilman Calogera: I know you usually do things and it takes you a very short period of time. I want you to spend as much time on this as you can. This is reverse psychology tonight.
Mr. Ruggierio: As you may have seen I wrote a number of questions about this to Harry Haushalter, our special tax counsel and I asked Penrose, I guess it was about 10 or 12 questions about the documents they had submitted to me. The basic premise of this is that they don't know in which direction they intend to go with respect to their pilot and exemption. Now here's the deal. A pilot is a payment in lieu of taxes and it's paid in connection with some exemption or an abatement. For example, you're familiar with a lot of non profit organizations, churches, things like that which have exemptions. They're not subject to property tax but they might for some reason relating to their financing or something else agree that they will pay us a payment in lieu of taxes. This usually works out good for the town because we get the entire amount of money and we don't have to share it with the schools. It's a revenue source for us, but in this particular case we actually have three concepts operating. I know you want to fast track this but it's something, because it's being fast tracked before the zoning board , that we need to probably have this out before next week so I've been to deal with it as quickly as I can. Basically there are two or three issues that are operating here. The first is that these people are going to borrow money from the N.J. Housing and Mortgage Finance Agency. They may also get a source of funds from that agency called tax credits. That's basically where they are able to syndicate or sell the tax credits that they get on the open market and that becomes a revenue source for them. In order to qualify for that they have to have an exemption under the statute. A specific statute gives them an exemption and then they can enter into an agreement with the township to pay a payment in lieu of taxes. One of the letters I got from Penrose correctly states there is a tension between the town wanting to collect as much revenue as it can versus this is a housing authority and we want the rents to be affordable. So you've got that kind of tension that exists when you're negotiating terms of the pilot. So whenever I might make a suggestion, hey, shouldn't this be higher or shouldn't this be changed to result in higher taxes coming to the town. The obvious argument coming from them would be, we're trying to keep the rents down on the property.
Councilman Calogera: Penrose, is that a profit making or non profit making corporation? What is their structure?
Mr. Ruggierio: They are a profit making company. They are not like Lutheran Services. A lot of their concepts are the same in terms of the way they are trying to finance it with the tax credits and so forth. Harry Haushalter just faxed to me today a four page letter that I haven't had a chance to completely digest it but he makes a lot of good points about some of the questions that I ask in this agreement. I could share them with you but I've had a very superficial time with this letter. I think one of the things that's going to come up, and I need to look at our ordinance a little closer is that if they go under the NJ Housing and Finance Agency to get these tax abatements that are called for in the statute, they can only do it in this case according to what Harry has proposed because they fit into one of our abatement zones because we declared the Parkway Zone and the Hospital Zone as areas in need of rehabilitation. Someone has suggested to me recently that I should take a look at our ordinance because I'm not sure that senior citizen housing is something that we called eligible for the abatement. The payment in lieu of taxes would not be an issue because if the Housing Authority retains title they're an exempt organization. We would receive a payment in lieu of taxes and I think we need to tweak these agreements that we have.
Councilman Testino: You need to sit with someone from those organizations and get all your questions answered.
Mr. Ruggierio: Actually, they've answered my questions immediately in writing. I think we had a meeting set up last week that they canceled but I've received a phone call today from the person that canceled it and we will get that resolved between now and the next council meeting.
President Butler: Bill, why don't you take a look at this thing and do what you need to do between now and Monday, okay. If we have any problems we'll discuss them at that time. While we're on this, I put on about three different resolutions. If you remember correctly I made a presentation about two months ago and we talked about Penrose and we talked about the window and we're looking at having all the paper work done I guess by the first of April. This is the time frame we need to get all the paper work done. So we're trying to get everything set-up so we can do that.
Mr. Ruggierio: They're under a deadline with the financing agency to get the paper work
done. That requires that they clear the Zoning Board very quickly and this documentation has to be passed by us consistent with that schedule.
Councilman Calogera: Bill, are you going to give me an analysis of the different abatements or pilots and what it means to us and what we should be getting from it.
Mr. Ruggierio: I think that I can probably boil this down to like six different options and what my recommendation is and if we have any dispute the Council can resolve it.
DR-2 To apply for new Neighborhood Preservation Balanced Housing funds for the development of affordable rental housing for Senior Citizens - Block 17000 Lot 27.12
DR-3 Resolution stating a need for a housing program within the municipality under NJHMF (New Jersey Housing & Mortgage Finance Agency)
DR-4 Authorizing tax abatement resolution for Penrose Property Block 17000 lot 27.12
These items part of DR-1, Penrose Property.
DR-5 Memorialize Waiver of Fees for Topo Maps.
No discussion.
DR-6 Resolution adding deed restrictions on 300 acres O & Y Open Space Property.
Councilman Redmond: What I want to do here is assure that this property remains open space. I want to put a deed restriction on it to that effect. I know that in some discussions at the open space meeting the other night it could be put to the Green Acres Open Space inventory. Does that mean we'd be paying for it with open space money? We'd pay off the bond with Green Acres money. What is the Green Acres Open Space inventory.
Mr. Badcock: Green Acres Open Space Inventory is just a listing of all the properties that the township is designated to be under and a specified list that can only be used for future open space purposes, recreation or park improvement purposes.
Councilman Redmond: So that puts a deed restriction on the property.
Mr. Badcock: The State puts a deed restriction on it basically then and the only way to get it off is to go through a whole state house commission review where you either have to get comparable land values or comparable amount of money and the State has to authorize it before you can unload the property.
Councilman Redmond: That's fine. That's my deed restriction, so change that to put it on the open space inventory, number 6.
DR-7 Resolution authorizing administration to negotiate with the county to sell 300 acres of O & Y Property back to the County.
Councilman Redmond: If you're hell bent on spending our money on this, I can live with that as long as it's always going to remain open space but I want to see the amortization schedule. Last time I saw what the short term notes were costing us in interest. It was like $100,000.00 a year or something. Am I correct? So we intend to move this to long term. Can we see a complete amortization schedule. What we're going to wind up paying. If I can get that by the next meeting then that's fine, we'll apply to the county for other monies to use elsewhere if we insist on keeping this. All I'm concerned about is that I am assured that this is never developed and it doesn't become whatever, warehouses, or houses or anything down there other than recreation or open space. I don't want to see a school on it either.
DR-8 Resolution for calendar year 2002 Recycling Tonnage Grant.
No discussion.
President Butler: We're going to move up DR-1 to DR-8.
Councilman Redmond: We're going to hold DR-7 until I see this amortization.
Councilwoman Panos: How about DR-6, I thought you were changing it to DR-13.
Councilman Redmond: No, I'm not changing it to DR-13, I'm just going to change the wording on it. DR-13 is Alayne's.
Alayne Shepler: That's to put it to the township's open space inventory.
Councilman Redmond: I'm willing to do that but I want to be the sponsor.
President Butler: It seems the same to me.
RESOLUTION RESCINDING RESOLUTION # 105-02 FOR CONTRACT # 02-02 TO MARK PAVING COMPANY, INC.
RESOLUTION #158-02
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the Township of Old Bridge had previously awarded Contract #02-02 to Mark paving Company, Inc. for Morganville Road Resurfacing in the amount of $122,729.66 under Resolution #105-02; and
WHEREAS, the Township of Old Bridge wishes to rescind Resolution #105-02 awarding Contract #02-02 to Mark Paving Company, Inc. due to the omission of the condition that the award is subject to NJDOT's approval in said resolution.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that Resolution #105-02 for Morganville Road Resurfacing awarded to Mark Paving Company, Inc. is hereby rescinded.
Moved by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler
NAYS: None.
Prior to the vote the following discussion took place.
John Vincenti: Very briefly, the DOT is very particular with respect to the language of the Resolution. The Resolution that was adopted previously did not have a condition that our approval was subject to the DOT's approval. So we have to rescind, adopt the same Resolution with the additional language. It's required that we do this in a timely fashion because there are deadlines with respect to providing the DOT with the documentation.
RESOLUTION AWARDING CONTRACT #02-02 TO MARK PAVING COMPANY, INC. FOR MORGANVILLE ROAD RESURFACING
RESOLUTION #159-02
BE IT RESOLVED by the Township Council of the Township of Old Bridge,County of Middlesex, New Jersey that:
WHEREAS, the Township of Old Bridge advertised and received bids for Contract #02-02 for Morganville Road Resurfacing; and
WHEREAS, bids were received and opened on January 31, 2002; and
WHEREAS, the Township Engineer has recommended that a contract be awarded to Mark Paving Company, Inc. located at 109 McCosh Road, Upper Montclair, New Jersey 0043; and
WHEREAS, this is a State aided project and the Council's action for awarding the contract will be subject to NJDOT's approval.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:
- Mark Paving Company, Inc. is hereby awarded a contract in the amount of $122,729.66 for Morganville Road Resurfacing.
- The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1032 certifying the existence of a sufficient appropriation to fund the said contract.
- 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.
B. Issuance of a Certificate of Availability of Funds as aforesaid.
C. Compliance by the vendor with signing the mandatory affirmative action language required by law.
D. Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with affirmative action employee information reporting.
No contract shall be considered awarded unless, and until, the above requirements are executed.
Moved by Councilman Testino, seconded by Councilman Hoff and so ordered on the following roll call vote:
AYES: Councilmen Baker, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler
NAYS: None.
ABSTAIN: Councilman Calogera.
Prior to the vote, the following discussion took place
Councilman Calogera: I'm going to be a little tenacious once again about my road situation on Morganville, Ticetown. I'm just going to bring out that there was a recent court case that some people have alluded to with regards to closing roads and I do not disagree with it. Two things, number one, I never proposed closing Ticetown at Morganville. I proposed a realignment of it. The problem in the court case which is Howell Properties versus..... is a case that was decided that you cannot land lock a development. The realigning of these roads would no way, land lock any development outside of the Old Bridge borders. So I would like to ask, and I want to bring up before we finalize this resolution because if we go ahead and pave roads then this is something that is never going to get addressed.
Councilman Testino: This only goes up to our borders, right?
Alayne Shepler: It doesn't even go that far because, if you remember, we paved that one section by Yardley Manor in conjunction with the county. So it goes down to the one line. It goes from 516 down and to the town line.
Councilman Testino: Don't we have an ordinance that can't open the roads again for five years once we pave them?
DR-11 Add Mannino Park to Green Acres Open Space Inventory
No discussion.
DR-12 Establish a Township Veteran's Committee
Councilwoman Panos: I think it's about time that this Township organizes some sort of Veterans' Committee. I'm not sure what their objective would be but these Veterans have been asking for years to have some sort of facility in this town. I think if they have a committee and there is some research done, we can get them a house or a location where they can have their meetings. We're the only township that doesn't have a Veterans' Post in our town. So maybe they can organize and we can come up with some organization of a committee whose purpose would be mainly to be there for our veterans, that they have a township committee to reach out to. Hopefully they would find a location for a permanent Veterans' meeting facility where they can store their records and take care of the business of the veterans of this town. I think we have over 2000 veterans in this town.
Councilman Testino: I just think it's whatever they want. They already put their dues in so this is what they want, this is what we'll do for them. I don't purport to know how to tell them what to do because these guys have a lot more time in than I do. Whatever way we can help them I'll support you on it.
Councilwoman Panos: Maybe we can look into our open space and give them a little plot of land to build something.
Councilman Hoff: You know Lucille they're two different groups. One's a VFW and one's an American Legion. They're not in the same club.
Councilwoman Panos: I was thinking Joe, that there should be maybe one township veterans' committee to encompass all the groups.
Councilman Hoff: I don't know if that happens any other place in the country but good luck with it.
Councilman Testino: I don't think we can tell them what to do, they have their own organizations.
Councilman Redmond: I would just like to say I think it's a good idea. I think we should have it. The only thing I would ask is what are the parameters. I mean are we going to do it like we do with other committees, ask for volunteers to be on the committee, veterans and what have you or how would you make up this veterans' committee?
Councilwoman Panos: Of course we'd have to ask for some volunteers. Maybe we could have a seven member committee, three members appointed by the Mayor, three members appointed by the Council and I'm not sure how we get that last vote in there.
Councilman Redmond: Don't we have to create committees by Ordinance?
Mayor Cannon: I think Bill has to answer that.
Councilwoman Panos: I'd like the specific purpose of getting these gentlemen a permanent veterans' hall in Old Bridge Township.
Councilman Baker: Before you get the permanent hall, if you fellows need a place for a meeting see me after the meeting here. I have a place you can meet monthly, weekly for free so you have a spot that you can meet if that helps you.
Councilman Hoff: Lucille, I heard you refer to them as men. There's some very active women involved here. So I hope you count them in.
Councilwoman Panos: I agree Joe, thank you.
President Butler: Lucille, I have a suggestion. Once this committee is formed, I think what you need to do is get a list of township owned properties that the township owns. There are a couple of ways to do this. In fact, I think the Open Space committee already has a list. Number two the only other thing that's needed to be done is maybe get someone to donate a trailer or there could be someone in the community that might even have a house that can be used.
Councilman Testino: I'm asking that you call for whoever is interested to submit their request to serve on the committee to see what kind of interest there is in serving on the committee.
President Butler: See what kind of interest you get, see how many people you get to want to serve on this committee.
DR-13 Add O & Y Property - Englishtown Road to Green Acres Open Space Inventory.
No discussion.
DR-14 Resolution authorizing cancellation of mortgage of CDBG for George & Roseann Corbet (Block 26027 Lot 70-71-72)
No discussion.
DR-15 Resolution for member participation in Cooperative Pricing System between Mercer and Middlesex Counties.
Councilman Redmond: What is the Cooperative Pricing System? Is that for things we would be buying in bulk? What sort of things would we be buying, are you talking about fuel?
Mr. Shah: Fuel, office supplies, different materials, equipment.
DR-16 Resolution for member participation in a Cooperative Pricing System between Plainsboro Township & Old Bridge Township.
No discussion.
DISCUSSION
D-1 Codification of Code Book (Attorney to Submit recommended changes of any power shifts and adoption ordinance for Council review)
No Discussion
D-2 TV Station - Upgrading
Councilman Testino: There were several times when we were using the studio and there was some equipment problems. I've heard that other townships have used the revenues from the cable franchise to keep their stations up to date and pay people in that department. Are our revenues used for that or just go into the general stream?
Mr. Shah: Our revenues go into general treasury and it's part of your budget where we anticipate the revenue and then you have an appropriation. I don't know how other towns do it but I believe they are appropriating the amount of money they anticipate in the revenue.
Councilman Testino: Is it a dedication by rider type thing?
Mr. Shah: I don't recall having to do dedication by rider for this.
Councilman Testino: The repairs and needs for the TV station should be self sustaining from those fees, isn't that capable of being done?
Mr. Shah: I think that over the years you have appropriated funds both in capital as well as their operating budget to operate the TV station so while they are not exactly the amount of the revenue, I don't recall any year that they have asked for more money and I think there is always left over balance so I think you are providing a sufficient amount of money to the TV stations that they can spend.
Councilman Testino: I would like to find out how other towns are handling that, just as a follow-up.
Alayne Shepler: I saw a budget request from Mr. McLoughlin this evening and I did have finance run a report for me. Twenty thousand dollars was budgeted for equipment this year. They have only spent four thousand and I just sent Mr. McLoughlin a note that I strongly suggest that some of the items that he has included in the request for the 2003 budget that he purchase out of this budget because frankly the funds in the next budget are going to be very, very tight. Traditionally over the last three years his money has lapsed back to surplus because they just haven't spent the funds.
Councilman Testino: I would agree that there are plenty of things that we appropriate or put down on bonds that don't get spent.
Alayne Shepler: This is current fund. This is not bonding. This is current fund that we have given him in his budget.
Councilman Testino: Then we should find out why it's not being spent.
Alayne Shepler: That's just the note I sent to Mr. McLoughlin tonight to find out.
Councilman Testino: But I would still like to find out how other towns are handling the TV station's funding and on a sideview at some point I would like a report from Bill on where that cable litigation is at.
Councilman Redmond: Alayne, can we be copied on that, on the answer to that, how come he hasn't spent the money. You're telling me that in previous years the money wound up going back into surplus.
Alayne Shepler: As of the run that I did late this afternoon, as of this evening, he has approximately $13,557.00 left in his equipment budget to purchase equipment.
D-3 Down Zoning Study
Larry Redmond: Recently, and for a couple of years now, I have been getting this planner, you know that you get on the planning and zoning boards, and about every other month there's a headline in there about another town whose down zoning was upheld by the courts, ten acre zoning, eight acre zoning. Last time when Sheehan spoke to us about the masterplan he mentioned that 37% of the township is undeveloped. Well, I want a study that sets aside areas of town which would be candidates for these large acre zoning things for whatever reason, be it to preserve the rural look of the township, places where there is no infrastructure and we don't want some developer to say well, okay, I'll put infrastructure in and I'll build you seven thousand homes or whatever. I want parts of Old Bridge to benefit from these recent trends towards down zoning. I want the engineer to submit requests for proposals from planners or whatever so we can get this study done. We'll find out how much this is going to cost us to have this done. I know we're waiting on Sheehan. There are certain things missing from the master plan and one of them is these large acre zoning areas.
Mayor Cannon: Part of that and I mean I don't want to divulge all our strategy, but part of it is that we asked for those kinds of things and we were told that we are limited because they have to be justified, you just can't do them on a whim. You can't take where you have a quarter acre of zoning and then put a ten acre zone next to it. It has to be justifiable and he felt there were limits as to how high we can go. I mean in East Brunswick they have an area that is environmentally sensitive and has no sewer. They won't allow sewer in that area and that's how they sustained their six acre, I don't know about the ten acre, I haven't heard about that.
Councilman Redmond: Well, let's find out about that. I'll provide you with the articles that I have on the higher zoning. There were numerous towns that have been successful. These things were challenged. Developers sued them and they went to court and the court upheld their right to zone these properties. I want to find out what we can do. We got whacked this week with a headline that says $275.00 tax increase from schools. Mine's a lot more than that because mine is not assessed at $160,00.00. I'm sure there are a lot people in Old Bridge, people who just moved to Old Bridge, trying to get away from the high expenses of the cities, and all of a sudden, oh my goodness, look what we're getting, and this is all a direct result of all the building that has taken place over the years in Old Bridge. Sooner or later we have to make these moves and it has sooner rather than later. So, I want to see what we can do about this. If Sheehan is too busy to do it than let's see who else is available. Let's find out who these other towns use to get their down zoning done and let's call those guys in.
Councilman Testino: Is the holdup Sheehan or is the hold up our department? Because everytime Sheehan's doing something, we're reviewing it. Is that what's happening?
Mayor Cannon: It has to be reviewed and I believe they are completing the review. John, aren't they supposed to get it to Council within the next month?
Councilman Testino: I think Sheehan's done, right? Is he done or not?
John Vincenti: I believe Sheehan is done with his draft. Getting it to staff. I believe part of the problem is staff had anticipated that Sheehan's office would coordinate with our in house planners and get some feedback as to where our staff felt the ordinance needed to be drafted or major drafted changes needed to be made. I don't know if that had been done. What we're doing now is going through the areas where we feel need most attention on a staff committee level.
Councilman Testino: How long has it been sitting at the staff committee level?
John Vincenti: I can give you a report with exact dates. I can tell you that the first drafts from Sheehan were not received until near the end of last year.
Councilman Testino: December or November?
John Vincenti: I believe it was November, and I think he was retained a significant amount of time prior to that.
Councilman Testino: That five months right there that we're sitting on it.
John Vincenti: Well, we're not sitting on it. We've had at least five meetings where we've gone through the areas where we felt we needed the most revisions which are basically the conditional use criteria. We've spent at least four meetings just on that.
Councilman Testino: In other words it can't come to the Council before that, is that what you're trying to tell us, you'd love to have this input and it's going to take you another five months to get it done.
John Vincenti: I think if you want specific answers we can bring Sam Rizzo in. He has been spear heading that effort.
Councilman Testino: I'd like to get the time line you said you would give us, how long it's been and what's going on with it because unless we start asking for it every week we're not going to get it.
Mayor Cannon: I think we're just as anxious to get it to you as you are anxious to receive it. So we will have that time line before the next day or two.
Councilman Redmond: Can I ask if we could get , as least at this point, if the Council could get a map that shows only the undeveloped areas of the township. Sheehan had the maps with all the different colors, this zoning, that zoning, this zoning, but I'm sure it wouldn't be that much difficult to see on the map, I mean we know where all the houses are, let's see on a map maybe it shows some kind of a pattern of undeveloped areas where there are no house, no businesses, no anything.
John Vincenti: I think we can get that to you.
Mayor Cannon: The master plan map would show, by colors, which areas are undeveloped.
Councilman Redmond: It's very confusing when you have all the colors on it. I want a map that just has that. The only color I want to see on there, pick a color, I don't care what it is and color the undeveloped area that color and leave everything else white.
Councilman Testino: Maybe we should approach this a different way. Can we move the down zoning ordinance in April?
John Vincenti: I would say no.
Councilman Baker: John, is there something on your plate or something that we are not aware of? Or is there something we can do more proactively to help you? I know you were not on board in November and I'm glad you're on board now, I'm certainly sure that you're not going to let this trail any longer than it already has. But can we help you? Do you need more support.
John Vincenti: I think staff felt that they were going to get a document sufficiently further along than what it is now from the consultant. I would just like to leave it at that.
Councilman Testino: Do we need to talk to the consultant and chastise him, is that what you're saying?
John Vincenti: I'm not saying that, no.
Councilman Baker: We want to go in there. We want to help. We don't want to come back next week, next month and say hey, we're still not closer on. Can we help you take the next little step? I would love to talk to the guy. What's the next little step?
Councilman Hoff: Why don't we bring the consultant in for a meeting with him.
Councilman Testino: Bring the consultant in, let's talk to him, let's see what he has to say. Can we ask for Mr. Sheehan to come in here Mr. President?
President Butler: Yes, we can do that.
Councilman Baker: What do you think Mayor?
Mayor Cannon: I would think that if you could just wait a day or two, John will get you the time frame of when all these things occurred and what needs to be done and then we will share that with you and discuss it. I think the thing is just to get this moving. I think we're all anxious to get it moving, and to have you know he said, she said, who said, we said, it's much better to get the definitives and get it done.
Councilman Testino: Mr. President, can you set up a workshop with the consultant and Mr. Rizzo?
President Butler: We can work with administration to set that up.
D-4 Master Plan Revisions - Update
Councilman Testino: I know we're supposed to do master plan revision every so many years. Aren't we on track for another one here?
Mayor Cannon: We just had it two years ago.
Councilman Testino: We had one two years ago and now we have to wait two more years before the next one, six years?
Mayor Cannon: We don't have to wait, but you're not mandated to do it this year. If you're looking at other revisions you can always update the thing.
Councilman Testino: That's what I'm wondering. Are there any recommendations for update in the master plan?
John Vincenti: We're just in the process of putting together fiscal year 2003. The three items that planning is looking for which deal with certain elements of the master plan, the land use element is one of the items that Sam wants to update.
Councilman Testino: So we have to wait till you submit the budget to find out what they are.
John Vincenti: I'm saying that staff is making recommendations to deal with three items of the master plan prior to the six year time frame and I'm saying they're being proactive in recognizing the fact that we want to re-evaluate elements of the master plan now as opposed to waiting another three or four years.
Councilman Testino: I want to know when we're going to be involved.
Mayor Cannon: You're always involved. There are public hearings on the master plan even though it is heard by the planning board. You were involved in the last one and you would certainly be involved in any future ones, but there has to be money put aside to do that because it isn't something that can be done in house.
Councilman Testino: As Joe says, you'll tell us what we need to know, right Mayor, and then we can talk about it later is what you're saying.
Mayor Cannon: As Larry was saying, he has specific things he wants us to look at and that's fine. We will do that.
Councilman Testino: Larry has specific things and John has some things that we can update, maybe we don't have to wait the six year mark.
Mayor Cannon: No, he's not saying that. He saying that they're recommending that there are two or three elements that we can move on. You need money to do that because it probably has to be done by an outside consultant.
Councilman Calogera: John as a planning board rep can you inform me at some point what those three elements are they we were working on?
John Vincenti: Certainly.
D-5 Update on Legacy Grand - (Stream encroachment permit application - Engineer to solicit bids for representation of the township before the DEP)
Councilman Baker: John, any movement on that, where we're going?
John Vincenti: We solicited one proposal from CME Associates last week. It came in today. That was to do the stream encroachment study. The proposal came in at $10,800.00. We only had time to get one price. We feel that because of the number it is probably warranted to go out and solicit at least one more price. The problem we having here is the consultants that we can deal with off of the list have to be those consultants that are eligible to do the planning and zoning board reviews, so there's only one or two other consultants. The other problem here is that because of the escrow accountability regulations it is my understanding that we can't specifically charge the developers escrow for this type of review. So we would have to pick it up by the township. We have one price right now, it's $10,800.00. and unless the Council is comfortable with that number I think I should solicit at least one additional price.
Councilman Baker: Good and you'll have that in the next...
John Vincenti: I would hope in another week to ten days.
Councilman Baker: Good.
Councilman Baker: You know there may be a conflict with you and this development. Can you answer has the applicant added any changes to date?
John Vincenti: I have not seen anything, planning has not seen anything. I believe it would be coming in within the next week or so. The developer's attorney was away for two or three weeks. He's now back. I believe prior to that being submitted, he wanted to see it first.
Councilman Baker: So there is something new coming?
John Vincenti: Yes.
Councilman Baker: Can you make sure that we get a copy of that?
John Vincenti: Yes.
Councilman Baker: Is that going to come before the next special meeting?
John Vincenti: Absolutely, yes.
Councilman Baker: Does the town have a position on this improvement?
John Vincenti: How can we have a position without seeing it?
Councilman Baker: Oh, I thought you said you saw it. You haven't even seen it.
John Vincenti: No.
Councilman Calogera: John, just quickly, one question. We can't mandate him to pick up the tab for that but we could suggest or ask him and if he agrees then he can pay for it, is that correct or am I wrong?
John Vincenti: If out of the kindness of his heart he agrees then so be it.
Councilman Calogera: He might want to do that in order to expedite the situation. I would ask him, we have nothing to lose.
D-6 Crystal Lake
Councilman Baker: Last we spoke I think you were going to have an opportunity to meet with some folks and give us our strategy.
Mayor Cannon: I'm going to let Bill speak.
Councilman Baker: Okay, we don't want to have any conflicts here Bill, we just want to get a status on what the town's position is because the people at home want to know.
Bill Ruggierio: We have a battle plan. In a confidential memorandum to the parties that met in this meeting I outlined what I thought we had agreed upon and we actually did come up with some good ideas. All of us have our own little assignments. I have one that I have to check out. To say these things in public would be bad. Maybe next time we have an executive session we could fill the Council in.
Councilman Baker: Is there anything else you could say in public? Have you spoken to Aberdeen about it? Were they party to this or no?
Bill Ruggierio: Well, we have contacts in Aberdeen and what we found out from them was very much a part of the meeting that we had. The one thing that I can say in public which is probably not what you want to hear but is one of the first things that I brought up is that it was important that we say to the Council, that we make sure the expectations of the Council were reasonable. We have a lot of things that we can do and there are some ways that I'll tell you about in executive session where this might turn out good for the town in the ultimate sense of the way that you want it to go. I don't think that either the public, or for that matter, any Council members should be misled. An occlusionary development has a right to develop it's property. They apparently amended the ordinances in the town to accommodate this development. I just think that short of some of the things that we hope will happen, which I'll describe to you in greater detail in private, if we went head on with this development, you know raised every issue we wanted, we wouldn't be in a good spot at the end of the game in having the number of units reduced which I think is ultimately the best we can hope for in this situation. So long and short is the people we met with were a sophisticated staff and we know what affects developers, we know what we can legally do without getting ourselves into trouble and we designed a battle plan that I think can be effective and I'll be glad to describe it to you in private.
Councilman Baker: I know the next meeting is Wednesday, March 20th. Who is our spokesman for the battle plan?
Bill Ruggierio: Sam Rizzo is principally having that role. Sam's view, and I think it's correct, is that it doesn't do us a lot of good especially when you have a record being made to get hysterical about something. Our main object should be to take legitimate planning issues that I think Aberdeen and its' people will probably highlight and lend support to Aberdeen. This is an original thought on my part and I'm just kind of reporting to you what the thought was at the agreement but basically take those things that are legitimate and try to be supportive of Aberdeen and present information independently where it's appropriate to support those basis for attacking what may be bad planning in the application.
Councilman Baker: There's a report that Aberdeen has a from an engineering group concerning things that are not exactly kosher with this developer, the applicant.
Bill Ruggierio: Well I wouldn't put it that way but I'm not sure how far along their work is whether it's generated to an actual formal report but we do know that their professionals are going to present information.
Councilman Baker: So, Sam is our lead on this Mayor?
Mayor Cannon: Anybody is welcome to but he is going to put on the issues that the township feels are very crucial.
Councilman Baker: Are there any issues that you can put on our web site to educate the people that are extremely concerned with this.
Mayor Cannon: Beforehand or after?
Councilman Baker: I respect Bill's opinion but if we have some issues that I am sure that they know that we know of would it help the town to inform them A, B and C?
Bill Ruggierio: I'll have to go back and look at that memo and consult with people who are smarter than I am about these planning and engineering issues to answer that but I'll get you an answer.
Mayor Cannon: I think it's a good suggestion and whatever information we can put on the web site we will.
Councilman Maher: Mr. Butler, before we continue, I would like to learn in Executive Session what the battle plan is as soon as we can to see whether the Council agrees so we have some additional input. I'll reserve my comments for Executive Session. Can we put that on for Monday?
D-7 Council participation in Awards Presentations
Councilman Testino: I thought it would be a better unified presentation if when the Mayor is giving out these awards which are supposed to be joint awards that she have a couple of Council people down helping her.
Councilwoman Panos: Help her with what? I'm just curious.
Councilman Testino: Mr. Baker asked her the other day if she needed some help to hand out the certificates, she said no, of course but then she ended up fumbling with things and there could be somebody up there handing things or shaking hands or even directing the people where to go. But it is a joint meeting and if she just wants to do it by herself she can do it on her own form.
Councilwoman Panos: Do we do that on a rotating basis?
Councilman Testino: I would suggest.
Councilman Baker: If something happens in your ward would be one of the suggestions that you might be able to go down there and help the Mayor if she'd like. If something happens in my ward, like Crystal Lake and Legacy Grand I could go down to help her out. I think we just want more TV time.
Mayor Cannon: You know it's been done this way for twenty years and I think it's interesting that at this time it's now brought up that I need help.
Councilman Testino: I thought it was interesting that you denied Mr. Baker's request when he so generously offered.
Councilman Hoff: We haven't had television for twenty years yet.
Mayor Cannon: Well, we've had it for about eight years.
Councilman Baker: It's an opportunity for the town to see us working together side by side.
President Butler: It sounds like the Mayor would be open to this, hopefully if she is it will be done on a rotating basis and we'll leave it at that.
D-8 Reserving Council chambers before council meetings. (Reserving room half hour prior to setting up Council Meetings)
Councilman Testino: I just think that when we have our meetings on Monday night that the public should be entitled to come in here and set up as they want, sign the list, as should the Council be to come up and sit at the table and get ready for its' meeting. Your show is your show Mayor but you could tape it, put it in the can and have it played whatever time you want. The people standing outside, you know, last Monday night we had a crowd, people needed to get in here and the room is blocked off. Whenever you want to do your show, fine, but not so that it's to the exclusion of the public. I just think that we should have the right to get in here and get ready for our meeting.
Mayor Cannon: Again, I appreciate your suggestion. As you know, under this form of government the administration allocates the rooms in this building and I certainly would take that into consideration. I have, for the most part, been doing the show in the studio, the guest was not able to attend at that time, and that's why we had to do it here but I will certainly try to accommodate you.
Councilman Testino: You're in here and we're outside with the hallways packed.
Mayor Cannon: You can come in, it just says be quiet, that's all.
Councilman Testino: No, no, no, the hallways are packed, people don't want to come in because you're taping and it's not a good situation out there if we have a hundred people or so standing in the small corridors there, so you have to be appreciative of what's going on outside the room when you're in here filming.
Mayor Cannon: I understand that but for the last two months I have taped it in the studio. This particular time it was not able to be done and I had no other options. I said I certainly will try to accommodate you.
Councilman Testino: You may schedule everything but you don't schedule the Council meeting. We have a right to reserve the room when we need it. I'm asking that we reserve it. So I would ask that the clerk do that.
D-9 Right of Way acquisition at Cliffwood Beach Waterfront
Councilman Hoff: Just briefly, the Laurence Harbor section of the waterfront should be completed this summer. The police safety, first-aid, recreation stand is well near completion. Contacts are out waiting for bids for the replacing of the two pier jetties and the removal and replacement of the first jetty along where the fishing ends. Also replacement of the looseway gate which caused flooding down the Bayview Dr. section. I have a question, they are now in the planning stages for the section from Margaret Street down to (inaudible) and part of our responsibility as the township to this project is to get acquisition or right of ways along the beachfront on properties we don't own or the authority don't own. I'm asking Bill to find out what the status is, how we're doing with it. The county is the one spending all the money, all we have to do is police it and it's our requirement to get the right of way acquisition.
Bill Ruggierio: I'll make an inquiry but it was my understanding that there were no further acquisitions to be made.
Councilman Hoff: There are a couple of lands Bill that we're going to have to go over or around. There's one piece of property that sticks way out into the waterfront area. According to this rough map it shows the walk way going through the guy's property. I don't know if they're going to make a bridge over his property or what.
Mayor Cannon: Maybe we can get an easement.
Councilman Hoff: We need an easement or right of way to get through there Bill. Will you take a look at what's there as early as possible. Thank you.
D-10 Solicit input from Council regarding upcoming contract negotiations.
Mayor Cannon: As you know, all union contracts are up as of the end of this fiscal year and we are going to be starting negotiations fairly soon. I want to give Council an opportunity, if you have any specific issues that you would like us to address per union or just overall. We would welcome your input and you can do it by either calling our office or giving us something in writing. Something within the next thirty days would be appreciated. Anything that you have heard or seen that are problematic or that you think would make better working conditions or get better work load from our staff, whatever. We'd like to hear from you.
D-11 Fees for mass assembly and events.
Councilman Calogera: Mr. Ruggierio where do we stand for fees for mass assembly and the possibly of invoking it, do we have to get a state permit or recognition or something to do that.
Bill Ruggierio: You were asking before and Jim Condon answered you in a memo concerning a per ticket or head tax.
Councilman Calogera: That's correct. That would be for the purpose of argument's sake addressing, in certain areas of the town, where these mass assemblies may happen that there is arguably a lack of infrastructure for example and from what I understand that is a reason to address infrastructure. I think if you look into some of the related ordinances or laws in the state they have a number of items itemized that do let you do some dedication money for that under those grounds or other grounds.
Bill Ruggierio: I read Jim's memo and he's free to comment on it himself but the interpretation that I gave to it was that we have general power under our licensing power to impose a fee per ticket or whatever but there has to be a preliminary analysis, a study done, that would sustained that amount of money that we would propose to collect to justify it. I hear what you're saying about potential need for expanded roads or other capital improvements. Those types of things I would guess might be very iffy in terms of being a foundation for supporting a licensing fee. I think that the way I read the law that Jim cited you can only impose a licensing fee if it's reasonably related to your costs for administering the license, for overseeing the event. There can be some collateral minor aspect of it that does generate revenue but that cannot be your primary purpose. That's pretty much what you concluded , Jim. Under those circumstances I think the Council would need to say to all the various departments, clerk's office, police department, public works, any other departments under the Mayor please articulate what costs you have so that we can then come up with, and Shah is the guy I think I would look to, to maybe come up with a recommendation for what is reasonable so that we can sustain this licensing fee otherwise I think it would be overturned. You might remember that Captain Cerra at the last meeting indicated that I had given an opinion earlier in the 90's about this. Well, we went back and looked at that and my conclusion was consistent with what Jim just told you that we did not apparently have a basis upon which we could justify this fee and it was decided at that time to take it away. If you can come up with a factual justification for a licensing fee on a per ticket basis you can have it but I suspect that it's not going to be that big because I'm trying to think of what kinds of things would be generated by an inquiry to these various departments. We brainstormed about it and maybe you have better ideas than I do but we couldn't come up with anything that was so substantial that would result in a justification for a per event big fee.
Councilman Calogera: It's my understanding like in order to get water, for example, to certain areas where there would be mass assembly that don't exist right now. You know, that's in the best interest of the town to do and it would mostly be because of the mass assemblies that it would be needed to bring the water out in that area.
Bill Ruggierio: You mean like extend a water main or something like that.
Councilman Calogera: That and roadways, infrastructure in addition to the expenses. Now if what you're saying to me is that we have to document and build, alright, what expenses we incur in house, out house, whatever, then maybe now is the time to do it while we're endeavoring into a mass assembly very shortly in August. If that can be used as a basis for the future then let us gather the documentation based on that event and have some authority in writing of what those costs were so that we can use that in the future.
Bill Ruggierio: Well, on a balance of misleading you and not pre-empting what might occur so maybe the best thing to do at this point is go ahead and let's make the inquiry that I suggested to the various departments and to the clerk's office and the police department and let's see what we come up with. I think it's a touchy issue that we would need to maybe give you some kind of opinion in writing.
Councilman Calogera: Have you researched any of this?
Bill Ruggierio: No. If you're trying to fund capital like an extension of a water main. Jim, would you like to talk about East Rutherford.
Jim Condon: I did contact East Rutherford to find out if they had any kind of licensing scheme that might contemplate the kind of question that we're talking about. In fact, the clerk of East Rutherford advised me that they don't draw such kind of licensing fees from the Meadowlands Complex. In fact, I did a general search in regulations and laws of the state to try to find similar kinds of authority for such a licensing scheme and I really couldn't find anything would support what we're trying to do or what you proposed.
Councilman Maher: I could show you a ticket stub for the NJ Nets and I'll bring it in and I'll give it to you where it shows that East Rutherford, it's like thirty-eight cents, they're imposing a city tax. It's a $75.00 ticket and it shows that the city is getting thirty eight cents.
Jim Condon: I know that the Sports and Exposition Authority can impose a surcharge, I don't know if that's what it is.
Councilman Maher: Can we do something like that? We have a major Raceway Park here and there's over hundreds of thousands of people who go there on a regular basis and if we could charge thirty-eight cents per ticket we could have some major revenue coming in. Can you research the law?
Jim Condon: Well, I'll make further inquires with the chief financial officer of East Rutherford if I can get a hold of that officer.
Councilman Maher: Madison Square Garden, the New York City Knicks pass charges a city tax. You need to look into this.
Jim Condon: I will say this, a tax is different of course from licensing.
Councilman Maher: Maybe that's the direction in which we want to go.
Jim Condon: Our powers are limited there too.
Bill Ruggierio: We don't have the authority to impose a tax. Now we could go to the legislature to get it and I'd be interested in seeing the ticket that you're talking about.
Councilman Calogera: What I'm suggesting gentlemen, quite frankly, is to find out how it can happen, bring us back the options and let us study it. Whether you call it a tax, a license fee, whether you want to call it a Mickey Mouse tax, you know, whichever way it is worded is irrelevant to me.
Bill Ruggierio: We told you, you can do a licensing fee. We told you before you can do a licensing fee, whether you do it per ticket or just flat per event, you have to do this study. If Council wants to request that study be done I think that is at least something you can get started on. We'll give you an opinion about a tax but cross your fingers that we can impose a tax. If you're saying be creative and try to figure out if we can get special legislative determination, of course that's something that we can look at.
Councilman Maher: Maybe there's a loophole. The towns around the Jersey shore charge beach fees, maybe we can come in through that. Take a look at that.
Bill Ruggierio: There's a whole series of laws and interpretations on beach tags and beach fees.
Jim Condon: It's restricted to cities of a certain class and we are not of that class, I believe.
President Butler: Basically what I think Kevin's asking you to do is research this thing until we find a way to be able to do this.
Councilwoman Panos: These minor league teams, stadiums, I wonder if they collect a fee. You can look at that angle also.
Councilman Baker: I have a hundred ideas, but why don't we let the talented people have time to research it and not go through the hundred ideas that I have.
D-12 Towing and Wrecking (Increasing rates for tow truck operators - Review of the enforcement of regulations).
Councilman Greene: I'm not really proposing this, I'm not for or against it but I put it on based on a request from a resident in town who owns a towing business. He claims that his expenses have gone up, in particular insurance. I know that's it's been a couple of years since we've discussed this and I think it just kind of died. I did have a quick conversation with the Police Department. They indicated to me that they have data which they could supply to the Council and which we could possibly make a decision on this. They also indicated to me that they would like to make some revision in regards to an enforcement. So I would ask maybe the administration to ask the Police Department to provide the Council with any supporting data that they have so that we can make a decision on whether or not an increase is justifiable as well as to support any kind of regulations which they may feel should be changed. So perhaps we can put this on in the form of a report for the next agenda meeting. At time we can have the data.
Councilwoman Panos: I wonder what the surrounding towns charge also.
Councilman Greene: I would contemplate that whatever we get from the Police Department would indicate that.
Alayne Shepler: Do you know if Captain Bonfante has done this research because I know he came to Council a while back on the towing ordinance.
Councilman Greene: I just had a quick conversation. He said he had a lot of data that he would be more than willing to share with us.
Alayne Shepler: I'll send a note to the Chief.
REPORTS
R-1 Repair or replacement of fence - Geick Park. (Report by: Administration and Engineering)
No Discussion.
R-2 Testing of pavement substance that is used to pave the roadways. (Report by: Engineering)
No Discussion.
R-3 Safety of wall around municipal building. (Report by: Administration and Safety Inspector)
No Discussion.
R-4 Escrow Deposits (What we are paying our professionals in escrow deposits). (Report by: Administration)
No Discussion.
R-5 Back up information on Salary Ordinance on the 3 l/2% increase given to Union Workers. (Report by: Administration and Finance)
No Discussion.
R-6 Chronological events of Cedar Ridge II from October, 2000 to the present. (Report by: Administration)
No Discussion.
SET DATE
SD-1 Release/Reduction Performance Guarantee - Ronko Developers, Inc. (Suggested Date: Monday, May 13, 2002 at 8:00 P.M.)
No Discussion.
SD-2 Release/Reduction Performance Guarantee - Park's Edge - Application #62-98Z Block 3230 Lot 15 (Suggested Date: Monday, June 24, 2002 at 8:00 P.M.)
No Discussion.
MOTION
To adjourn at 9:40 p.m. by Councilman Baker, seconded by Councilman Calogera and so ordered on an all aye vote
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President Reginald Butler
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Rose-Marie Saracino, Township Clerk
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