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OLD BRIDGE TOWNSHIP COUNCIL
AGENDA MEETING
May 20, 2002
An Agenda meeting of the Township Council of the Township of Old Bridge was held on May 20, 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 June 10, 2002 at
Roll call at 8:05 p.m by Deputy Clerk Stella Ward showed the following members present: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler. Councilman Hoff was absent.
MOTION
to change next meeting scheduled for May 28th to June 3rd by Councilman Baker, seconded by Councilman Greene
President Butler: Any discussion on that?
Deputy Clerk Stella Ward: We have primary elections on June 4th, which means we have to be at the Clerk's office by 5:00 a.m.
Councilman Testino: When is the next meeting after that?
Deputy Clerk Stella Ward: The next meeting scheduled after that is a combined meeting which is scheduled for June 10th.
Councilman Testino: Anything on this agenda that can't be moved to June 10th?
Deputy Clerk Stella Ward: We have two hearings that are supposed to be heard on the 28th, Emporium Gas/Rocket Industries and Kinder Care. Most likely they have already advertised and noticed their people.
President Butler: We have advertised for those already. When we advertise it costs us money.
Deputy Clerk Stella Ward: No, they have advertised, we would have to reimburse them.
President Butler: The sixty four thousand dollar question I think is whether we have anything that needs to be taken care of before then. That's the question.
Councilman Testino: Just so that people are aware, on Tuesday, May 28th the Old Bridge School system is out and most of the kids will be home and there is an extended vacation day for most parents with those children. I think they also have off that Friday and one of the reasons I think the motion is a good motion. I'm in favor of the motion because I will be on extended Memorial Day weekend because of the school system schedule.
President Butler: I will be out of town myself.
President Butler: I will also be out of town myself.
Alayne Shepler: I may need a transfer gentlemen. I have not spoken to Himanshu today he was out of the office. I really don't know but if you go until June 10th.....
Councilman Maher: I thought the motion was for June 3rd.
Councilman Baker: The clerk pointed out to me that we are not meeting on the 3rd.
President Butler: So we are only looking at budget transfers.
Ms. Shepler: You also have a liquor license transfer, that I don't know if it has been advertised.
Deputy Clerk Ward: I believe that it has been advertised.
Ms. Shepler: I would ask that you move the item on NJ Infrastructure trust, tonight.
President Butler: Is there anything else that we can legally take action on tonight?
Ms. Shepler: You've always posted the fact the you can take formal action at any meeting.
President Butler: Is there any other discussion on this.
MOTION
to cancel the meeting of May 28, 2002 and conduct the business at June 10, 2002 by Councilman Baker, seconded by President Butler and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, President Butler.
NAYS: Councilwoman Panos.
ABSENT: Councilman Hoff.
Prior to the vote the following discussion took place
Ms. Shepler: Will you give us some latitude to do budget transfers for timely payments and also payroll?
President Butler: We have done telephone votes on budget transfers.
HEARING
HEARINGS - (5/20/02)
H-1 Release/Reduction Performance Guarantee - Oxford Estates
John Vincenti: This is a performance bond release hearing. Oxford Estates is a 56 lot subdivision, 52 single family homes. Currently there is a performance bond of $768,948.08 as well as a cash deposit of $85,438.67. There is no Homeowner's Assoc. in this development. We performed a final inspection, developed a punch list, met with the developer over the last few weeks. All the items on the punch list have been rectified to our satisfaction. We also had a number of letters from residents and also some verbal conversations. As far as engineering department is concerned all of those homeowner's issues have been resolved. There were some items not related to bonding items that we had asked the developer to take care of. However, they are not part of the bond. At this point we have issued a report recommending a final release subject to a number of items. The first would be posting a maintenance bond for two year period in the amount of $214,343.60. That's the standard 15%. The second item is certification that the subdivision monuments have been set. Third is a final compliance letter from Freehold Soil Conservation District. The fourth item concerns a lot that contains a detention basin as well as a tot lot. This subdivision was approved prior to the town's ordinance implementing maintenance of the detention facility. It's our understanding that the developer wishes to transfer maintenance responsibilities of the detention basin to the township. We've calculated a contribution in accordance with the ordinance of $28,984.80. However, that's a separate action I believe from the Council as to whether or not the Council chooses to accept maintenance responsibilities. Before the Council makes that decision I would ask that they defer this evening because there are two issues with respect to that one lot. The first is the condition of the detention basin. From the engineering department we are satisfied with it but I'd like to get some input from the director of public works. The second issue has to do with the tot lot. There are some potential liability issues that need to be resolved with the township attorney as well, and I would like to confer with Tom Badcock as to whether he chooses to accept that from the standpoint of parks and recreation. So it's those four items. Again we are recommending a release of the performance bond.
Councilman Redmond: The detention basin, does it meet the standards of our ordinance as far as slopes, etc.
Mr. Vincenti: I would have to confer with the plans on that, however, the basin has been constructed in conformance with the approved plans to the satisfaction of the engineering department.
Councilman Redmond: When we took over, in order for us to take them over, regardless what the plan said, plans can be different if they're going to maintain them but if we're going to maintain them they have to meet certain standards.
Mr. Vincenti: As I understand the ordinance there are no design standards in that ordinance, it refers to the township drainage guidelines. In those drainage guidelines there are criteria with respect to the slopes. It's recommended that the slopes be ten on one.
Councilman Redmond: If we take over the maintenance of the tot lot would it be open to the public or would it be just the residents of this development?
Mr. Vincenti: It is my understanding that the tot lot is on a lot that the town owns. There is no Homeowner's Association at this point. If the town does not accept the detention basin and the tot lot then there's a provision in the deeds for the homeowners that a Homeowner's Assoc. would have to be formed for the maintenance of these common facilities. That's why we're seeking to condition the issue on the resolution one way or the other.
Jonathan Heilbrunn, appearing on behalf of the applicant: Items one, two and three, A, B, and C are clearly acceptable conditions and will of course be provided to your engineer. I suggest with regard to the issue of the ownership of the storm water management system that that is something that I will meet with Mr. Ruggierio and Mr. Vincenti and review and hopefully we will be able to resolve that prior to the time when this Council memorializes a resolution releasing the performance guarantee. The request for the municipal ownership of...and I'm going to give you just a Reader's Digest abridged edition but I'll go into greater detail with Mr. Vincenti and Mr. Ruggierio and they can report back to you. The provision of ownership of the storm water management system began at the time this application was originally presented to the planning which was prior to the time when this township had passed an ordinance in which it takes over those systems. It began with correspondences between me and Mr. Iglesias. I have correspondence with Mr. Iglesias going back to 1996, well beyond when this application was approved and Mr. Calogera was on the planning board, when this was approved. At that point in time Mr. Iglesias guesstimated that it would be approximately $30,000.00 a year for the maintenance of this detention pond area. He had at one point recommended that the Council undertake that scheme of ownership. There are correspondences in my file from my office to Mr. Rizzo, to Mr. Iglesias and to Mr. Ruggierio where I provided them with proposed developer's agreements, provided them with proposed ordinances for the township to undertake the storm water management system. So this is nothing new. It's no surprise. It was always proposed that it would be a municipally owned piece of ground. As a matter of fact, your records will probably indicate that this application had something called a density transfer bonus that was attached to it at the time of its' approval and one of the reasons that it was approved in the configuration was because there is common open space including this detention system. It all became contiguous open space that became available to the township for park purposes, hiking trails, bike trails, for a whole lot of uses that it hasn't yet been put to. I would be more than pleased to provide all this backup data to Mr. Vincenti who has inherited Mr. Iglesias' files and to Mr. Ruggierio and Mr. Condon so that they may report back to this board. Mr. Iglesias' report to this Council indicated at one point that $24,000.00 was the appropriate amount to be contributed. We accept the fact that inflation has taken place since he wrote that report. Mr. Vincenti, I believe, indicates $28,000.00 is the appropriate number. Whatever it is on the ordinance is what it is and it will be acceptable to the applicant.
Councilman Calogera: Mr. Heilbrunn was this the one that wound up becoming a regional basin? Is this the one that was involving Mr. Bounds property also?
Mr. Heilbrunn: No sir, wrong side of town.
Councilwoman Panos: This tot lot. What does the tot lot consist of?
Mr. Heilbrunn: I believe it's a swing set.
Mr. Vincenti: Essentially yes.
Councilwoman Panos: One swing set that we would be responsible for.
President Butler opened up the public portion.
Tim Donohue: 1 Carrie Drive. I have been at Oxford Estates for about 2 l/2 years. It's funny to say that the basins, the storm waters work but they were just fixed now. It would be nice to see that it works for a while before everybody says that it all works because I know that for the last two years my backyard has been the catch basin for this whole development. I can actually go and walk in my backyard and sink 1 1/2 feet before I can even walk out of it. I have had no top soil since the day I moved in. Actually the day my house was supposed to be inspected it failed inspection because the dirt was too high so they came and removed all the top soil and then it passed inspection. Since then I have never had top soil. They put the sidewalks in and the sidewalk up to my house has cracked four times. It's still cracked. You try to call them and they don't call you back. I haven't heard from them in eight to ten months. I spent thousands of dollars to put top soil to level my property to find two weeks ago they decided to come without any notice and fix everybody's property without any notice whatsoever. It's actually been incredible that for three years they can come back and say well you touched it, you put a shovel on it. We're not responsible anymore. Well how long do they expect any of the people to wait. Three years is an unbelievable amount of time for them to expect us to live with flooding. I don't know how anybody could have expected us not to try to do some patchwork in our own backyards.
President Butler: So you're saying that situation has been corrected?
Tim Donohue: Well, I've corrected it myself and some other neighbors have. It could go a week and not rain and my property still can't get walked on because I'm at the bottom of the hill.
President Butler: Are you gentlemen aware of that?
Mr. Heilbrunn: I'll defer to the township engineer.
President Butler: Are you aware of that John?
John Vincenti: Yes, we did get a letter from Mr. Donohue. My understanding is that there was immediate work done on this property and that the issues that were addressed in his letter regarding grading and the lack of top soil were taken care of. That's what our inspectors report.
Councilman Maher: At whose expense? At the homeowners expense or at the developer's expense?
President Butler: The homeowner just said he did it.
Tim Donohue: I had to pay it.
Councilman Maher: At your expense you corrected the problem. John are we aware of that? So, the homeowner corrected the problem himself in this instance. It wasn't the developer. Am I correct?
Tim Donohue: That's correct. Actually I had paid for myself and my neighbor to have a drain run across the back of our yards to the pit ourselves, paid out of my pocket and installed that also. I don't how long they would have wanted me to wait for them to do it because they've never called back. I figure three years was a long enough time to live like that.
Councilman Maher: John, should the developer have corrected this?
John Vincent: Mr. Maher when our office got the letter from this gentleman we added it to the list. I personally was not made aware of it until the time of the bond release.
Councilman Maher: Does this homeowner have any recourse against the developer to recover part of his expenses.
John Vincenti: That's really a legal issue.
President Butler: We have have our legal attorney here. Do you want to comment on that while you're here?
Mr. Ruggierio: Anytime there is a requirement that something be installed and the homeowner makes it known that this should be done and does it themselves, they can recover it. The only issue that may come u,p and I think this was at the heart of Mr. Maher's question, is whether or not it is a municipal improvement or a homeowner's improvement and I'm not sure John answered that if it is part of what's due to be installed for the township then the township would be the only one to have standing to pursue it.
President Butler: What does a homeowner need to do to be reimbursed? You and your neighbor did that.
Tim Donohue: Yes and I had not one bit of topsoil. I had to pay to get topsoil on my property.
President Butler: So Bill, what would the process be for him and his neighbor to try to be compensated for the work that they had to do and they said it was three years.
Mr. Ruggierio: Well, there is no question. I'm reluctant to say that this is an absolute legal opinion that can be carried to the bank but my feeling about what has been described is even if it's a township improvement and the homeowner makes the expenditure the homeowner is a third party beneficiary of the intended work, so the homeowner probably has some level of standing to recover it because the builder was unjustly enriched by not having to install it. We're operating at this point basically on assumptions that I've picked up from what's been said.
Councilman Calogera: Does that mean that we can hold back that amount of money in the bond to reimburse the homeowners or not?
Mr. Ruggierio: I think the reason Mr. Maher asked the question was that the black letter rule is that if it's a homeowners item as opposed to an item bonded to the township then we have no legal authority to withhold money. The more traditional items are somebody comes in and says what about my recreation room it's supposed to have an upgrade and it didn't and I have written letters and despite repeated letters it hasn't been done, those kinds of things are clearly outside the bonded improvements. Drainage in the backyard, missing topsoil, I think I would rely on the township engineer to tell me whether or not they were comprehended within the developer's obligation to us. That's the question that would help answer Mr. Maher's issue and help you with the legal analysis.
Councilman Maher: Before everybody else jumped in that was my question and I don't feel I got an answer to that yet, John. I mean is it the builder's responsibility or does the homeowner have any recourse against the builder in this instance.
John Vincenti: I'll answer it like this. It's the builder's responsibility to get a certificate of compliance from Freehold Soil Conservation District. They require that the lots be seeded and stabilized and grass basically growing on the lot prior to getting a final certificate of compliance. That's why we've asked for that as a condition. In a lot of instances developers get a winter CO and it's their obligation at a later date to have to come in and to stabilize the property, basically establish a lawn. Whether they do that or not, sometimes they don't. Again, that's why we're asking for the final certificate of compliance. When we go through our CO check list at the time we actually get a certificate on a lot by lot basis from Freehold Soil that indicates the grading was done. Grading typically on a lot does not show up as a bonded line item but it's a prior approval that a developer has to have proper grass growth on that particular property.
Councilman Maher: Is it in your opinion that if, in fact, we do find out that this is a builder's responsibility by holding the $214,000.00, if in fact we find out that this homeowner is entitled to compensation that we can draw compensation?
John Vincenti: Again, Mr. Maher, that is a legal issue.
President Butler: Sir, I have one other question for you. You and your neighbor are you keeping bills and records of the costs of what you are putting into that property?
Tim Donohue: Yes, I have a bill for everything I have put into it.
President Butler: You wanted to say something else.
Tim Donohue: Even if they don't find for top soil for your lot what about a cement walkway to your house that doesn't crack and peel and break. It's been replaced four times. They replace it every winter, they leave, two weeks later it'll snow or get cold and it cracks in half. That's just a regular entrance to my house that keeps cracking. If that's not part of what a builder should give...I mean I can't walk into my house without stumbling over cracked cement, or it just flakes apart.
President Butler: John, will you speak to them please.
John Vincenti: If it's a sidewalk within the right of way that's a bonded item. However if it's part of the entry platform, walkway, that's not a bonded item and the homeowner's remedy is to seek reimbursement through the homeowners' warrantee program.
Councilman Maher: In your instance is this concrete apron...
Tim Donohue: It's from my stairs to my driveway. You can't get in touch with the builder to fix it. I have called them for eight months. They changed the phone number and then when they change it they don't give anybody the new one.
Councilman Maher: I know how frustrating that is.
Councilman Calogera: Mr. Donohue, just out of curiosity, in this development you have public sidewalks installed? Is there a similar problem with sidewalks in this development?
Tim Donohue: There have been, yes.
Councilman Calogera: Do you have cracked sidewalks there?
Tim Donohue: Not anymore, they came around and replaced a lot of the sidewalks a couple of times. It's amazing that sidewalks just crack like this. They have replaced them but not the walkways.
Councilman Calogera: Maybe we should consider doing a test of the concrete, roadway, to see if it was up to specs and the substances that were used, if it was a problem John.
John Vincenti: As far as the roadways Mr. Calogera, the pavement cores were done. The roads are up to snuff. From the standpoint of concrete, the samples would typically, if required, be obtained when the sidewalk was put in place. That's not something that we typically do, we don't take concrete samples and test cylinders for concrete work.
Councilman Calogera: We do check the depth of the concrete?
John Vincenti: We check the forms before the material is placed. We get material tickets that have the DOT mix certification on them however we do not do testing of the concrete.
Councilman Maher: Can we hear from more homeowners.
Frances Bran: 27 Annie Drive. There are definitely many, many items that haven't been taken care of in the development. Soil, sidewalks cracking, the same thing he said. For instance in my backyard I have spent a lot of money building a deck because it's all muddy. Again, it's a flooding issue. They came and regraded, they gave me top soil but still I get all this water in my backyard and I don't know what to do with it other than to build on it. Now I have no backyard, I have a deck. I can't grow any grass around my deck because it doesn't grow. In terms of whatever Freehold testing they're supposed to be doing, I had the soil tested on my property and there was a very high level of acid. Nothing grows on that soil unless you get top soil. They came and they lifted about 3 or 4 slabs of the sidewalk and they ran some kind of pipe because I used to get a lot of water on my property, all those holes they sank in. Whether the pipes are still there, I don't know. You can actually do a walk through my property and you will see all the holes there. I don't think anybody could approve any bond release unless they actually do a walk through the development and hear from all the homeowners. How can somebody just approve. Two days before the letter was delivered they threw hay all over my property. What for, to cover the holes that sunk in? I don't understand it. It's been three years, four years. For him it has been three years and for me it has to be at least four years. Mr. Maher knows I've been here since the beginning of time. Do we have to do another list every time they want to have their bond released or come up with a list within ten days. We get ten days to prepare the same list that I've been preparing for the past three years. Look in the files, half the people I've been dealing with when I first started with my problem have either retired or moved on. The developer, the one who was in charge of the development who really gave me a hard time when I did my walk through, I understand is now part of my township. Why can't he come and do the walk through now? His name is Joe. He now works for the township. Can he come and do a walk through and tell me the same thing he told me when he was working for the developer.
Councilman Calogera: I'm sorry, can you clarify that one for me.
Frances Bran: I understand that the person that was in charge of the development is now employed by the township. I will get his name. I don't have my papers with me.
Councilman Maher: Who's that? Alayne?
Alayne Shepler: Joe Carney.
Councilman Calogera: What position does he hold?
John Vincenti: He's an inspector in the engineering department.
Councilman Calogera: We have all these problems and we went and hired the guy.
Frances Bran: The people that are supposed to be on my side are now working for the Township. I'm sorry, but it has been too long for me. I don't have time to prepare lists anymore. I come up here whenever there is a meeting and I will show up as long as there will be a meeting or a hearing for this bond to be released. I said I will show up. Even if I just have to state my name and my address because it's not fair. Somebody has to speak out on our behalf.
President Butler: John, do we know where all this water is coming from in reference to her property?
John Vincenti: With respect to this particular property we did not receive anything in writing from Mrs. Bran. It sounds from her comments there was remedial work done across the front of her property. Some additional grading, some sidewalks that appear to be replaced. I know there was a quite extensive punch list that was taken care of. Unfortunately if we don't get specific requests or documentation from the individual homeowners we don't go into everyone's yard and do a yard by yard inspection. The inspectors go out and review the right of way areas, the detention areas, the common areas, but they don't enter into a yard by yard inspection unless we're notified by the homeowners.
Councilman Calogera: John, just one more question before I vote on this, I need to know the employee that was involved in this was part of this inspection, yes or no?
John Vincenti: I do know Mr. Carney at one time worked for a developer. It may have been the Werbler Organization. He has been with the township I believe for about eight or nine months and his duties are site inspections.
Councilman Calogera: He has inspected this site?
John Vincenti: I'm sure he has been out at this site since he's been here, yes.
Councilman Calogera: I have a problem with that, I don't know if the rest of the Council members will.
Councilman Maher: In all due respect John , Frances contacted me about 24 or 36 months ago when she first moved into this subdivision. There were some major problems with the quality of craftsmanship of her home, there was leakage in the basement, the grading, etc. She has a file, I know she has been before the Council, the file's probably about this thick. Quite honestly, when I didn't see your name here Frances, in terms of the four people who received recent correspondence, I thought that all your problems were fixed. Now this is a 36 month old problem. There is a file somewhere. She's been interfacing with members of your staff and your predecessor, Nelson, before this. I would encourage you to go out, and if Frances says that her problems still haven't been rectified, there was at one point in time some major problems wrong with her house.....
Frances Bran: Again, I gave up on the warranty issue because that's what they were doing at the beginning, they gave you a run around for a year, two years. What's happening now is exactly what the developer wants to happen. We're getting tired. Fewer and fewer of us are showing up because we feel that it is a waste of time. I could be home with my kids reading and putting them to bed. But, somebody is going to have to do it. I'm promising you as my name is Frances Bran I will be here at every hearing, even if it's just to state my name. You know why, because now I've taken it personal. I've taken it very personal because I've handed in notices, I've handed in letters. I could spend three hours e-mailing everybody in this township and they're on automatic e-mail but I got tired. I'm getting tired. I don't mind doing this I guess once every year, once every six months because it is amazing how every single time, two days, a day before the letter comes in the mail there is all that hay, there are all those trucks lifting up properties, cracking anything they find. You see all these trucks riding around two to three days before we get the letter. We already know when the letter is coming. The mailman doesn't even make me sign for it, he handed it to my son, my twelve year old son the last time. "Oh, mom, he gave us that letter again". They know it.
President Butler: John, can you assign a staff person to go and check out Mrs. Bran's property and all the different problems she has brought here.
Frances Bran: If you could bring Joe Carney with you to do an inspection in there I would be more than happy to open my doors to him again.
John Vincenti: As it stands now, I think we have a conflict here and I don't think it's appropriate for Mr. Carney because of his past relationship.
Councilman Calogera: I think we should have someone else re-inspect it too John.
John Vincenti: I agree.
Councilman Calogera: Go through the check list with somebody else other than Mr. Carney
John Vincenti: This is no criticism of Mr. Carney. I think it's an issue of conflict of interests.
Councilman Calogera: It has nothing to do with Mr. Carney's abilities at all. I just want to make that clear.
President Butler: Mrs. Bran, thank you very much for coming. Thank you for taking the time out and enlightening us about your problem, we appreciate that.
Councilman Redmond: I just have a question, not only having to do with this development, but when a homeowner buys a house and there are warranty issues, is there someone in the township that says, "Hey builder Bill, this is wrong" because I mean there are some developments that are extremely large and if you get all these complaints and they're getting a run around and the warranty issues are not being taken care of what is their recourse?
John Vincenti: Their recourse frankly is to go through the homeowners' warranty system. There is an appeal process. If the homeowner, once going through that process, is not satisfied they then have legal options where they have to get their attorney involved and file an appropriate action. That's the purpose of the warranty program, just like any other warranty program. There's actually a process where homeowners' warranty sends an individual to the property to act as arbitrator, as an unbiased party and make a determination as to whether or not the homeowner has a legitimate claim or not. That's the process.
Councilman Calogera: John, I think Larry is also aware and from my sitting on the planning board for so long, I really notice things coming back and what has been coming back has been water related problems. I think that's the majority of major problems that we sit on bond reductions and releases. The majority of the complaints are water related.
Councilman Testino: Because Old Bridge sits on a bed of clay.
Councilman Calogera: I understand that, but I don't know what we could do to alleviate that or to deal with that situation to alleviate it in the future, but most of it is water related.
Frances Bran: I would like to say something quickly because I just happened to glance at the plans over here. One of the open spaces that I believe is in talks right now is right next to my property. It separates two lots and I haven't been able to get an answer as to who takes care of the trees that are leaning over my house. That is also something that I had mentioned to Joe on the many times that he came over but he told me that was the township's responsibility.
President Butler: John can we also look into that when whoever you send to Mrs. Bran's.
Frances Bran: I believe it is between 27 and 23.
Councilman Testino: The township owns that lot?
Frances Bran: That's what I was told.
Tom Oswald: I live at 37 Annie Drive. I can attest to having problems with this builder in the past. I too had some concrete replaced. My driveway is sinking. I basically gave up trying to deal with the builder and I'm repairing things on my own. My question to you is more in regards to the open space surrounding the development. There are three detention basins. In addition to that there is a sidewalk that goes across the front of the development with grass on both sides of the tree line. There is the large detention basin in the back and the climbing structure which actually is two swings, a slide and kind of like a monkey bars kind of thing, not big. My question is if you were to take over this open space would it be maintained, would it be periodically cut when the grass grows taller? Would it be covered under the insurance bond if someone were to get hurt on the swings? As a homeowner I don't want anyone coming back to me saying this was built because this development was put into place when you moved in. The area is an open area and it's available to homeowners that are right adjacent to that and it is used by basically the general public and I want to be sure that the township will maintain the land and cover it under their insurance bonds.
President Butler: John, I think that's something you need to add to what you're going to send over there. Check that and make sure that property is owned by the township.
John Vincenti: That property is currently owned by the township however the maintenance responsibilities have not been turned over. To this date it has been the developer's responsibility to maintain it, to cut the grass, to make sure that the tot lot facilities are in working order. At some point if the township does choose to take those responsibilities from the developer the township will then bear the burden of maintaining those facilities, the lawn cutting, the proper mulching in the areas of the tot lot. That's why I want to have the other agencies in the township come in and take a look at these facilities before the township takes ownership responsibility.
Tom Oswald: What is the alternative? What if the township doesn't take over the detention basins in this tot lot, there is no Association. To develop an Association requires applying for a tax identification number, getting all the homeowners to participate 100% to set up the bank accounts, you have to file a tax returns, the whole bit that goes along with an Association doesn't exist and if you don't take if over, what do we do at that point?
John Vincenti: My understanding in speaking with Jonathan Heilbrunn on this matter today, when the homes were sold to the individual homeowners in the contract of sale there was a provision that in the event the town did not take maintenance responsibilities that the purchasers of the homes would have to participate in a homeowners' association and one would be formed.
Councilman Testino: I just want to know what the planning board did. What did they approve for the detention basin?
John Vincenti: I'd have to review that.
Councilman Testino: Okay so we need that answer before we can do anything.
Councilman Redmond: In my opinion and I've dealt with numerous of these situations, homeowners' associations don't work. You have no recourse if a homeowner, who isn't part of the original group, moves in, buys a house and says I'm not paying that fee, what am I getting for my money. Then you're pitting one homeowner against another homeowner over some stupid detention basin. They don't work. They're a bad idea. We should take them out of our ordinance and the township should be operating the drainage as we said we sit on this clay. Unless the drainage is done right and our professionals take care of it, there are always going to be problems. I realize that it means extra work for the township but it just isn't right to push this thing over onto people who are already paying us taxes. It's like having another form of tax. Let's have a homeowners' association so they can pay for the detention basin. They don't work. I'm against them.
Councilman Testino: I'm going to agree with Larry except for if there are homeowners' associations that have recreation facilities, pool or commons, they usually bring the community together. If it's just for detention basins nobody has an interest in running detention basins. I think we're bound by what the planning board did so I want to find out. I suspect that Mr. Heilbrunn would have followed the planning board's grand of approvals and that's why it's in the contract but we're going to need that information before we decide what we're doing here because even if we were to take them over there's supposed to be an analysis of how much money we're supposed to get. The $28,000.00, that's it, for this detention basin?
John Vincenti: Yes.
Councilman Greene: I just wanted to get a better picture of where this land area is that the township may or may not take over. The detention basin as well as.......If you wouldn't mind, if it's not too difficult, maybe you could make a copy of that and give it to the Council members. There was a little bit of an alarm there when you said there was a parcel that ran in between two houses, I thought that would complicate things.
Tom Oswald: You're absolutely correct. I don't think any homeowner wants to own a detention basin. I would very much appreciate it if you would take it over for us.
Iwona Syskowski: My husband Robert and I are the new owners at 10 Annie Drive. We moved in on March 1st We weren't aware of the problems going on. We noticed that there is no top soil. There are a lot of spots of dry mud. The biggest problem is the crack in the basement and the water coming into the basement. My husband spoke to one of the guys who are working around the house. They said they would try to fix it but they didn't do anything so the next day we had a lot of water in the basement. The top soil problem is a problem that we are trying to do on our own and I think the basement is the biggest concern at this point.
President Butler: John can we have that put that list that you're going to do.
John Vincenti: Mr. Butler we were made aware of this homeowner's issues in a letter. We reviewed this letter and the majority of the items are all homeowner warranty items. The basement issue is really not a bondable item, that's homeowner's warranty.
Robert Syskowski: I just want to say that all these problems are related to the water problem, the drainage. We have the water in the basement because of the drainage. There's no drainage on this property. The rain comes like about three days ago and the sump pump is still working in the basement which means the water is still in the ground. The water doesn't go away.
Iwona Syskowski: There is a lot of water in the backyard as well. We cannot go out.
Robert Syskowski: Regarding that crack, the guy just came and he put on the crack from the inside, he put silicone on it. Is that the way to fix the problem? Is this builder professional or not?
Councilman Baker: Mr. Heilbrunn, I would think you would want to withdraw this, this evening?
Jonathan Heilbrunn: No sir.
Councilman Baker: You want us to vote on this.
Jonathan Heilbrunn: I would have no objection to your carrying it to your next meeting so that I can review these items of concern with my client but no I am not going to withdraw.
Councilman Baker: You don't want a little more time to talk to your builder and go over some of these items.
Jonathan Heilbrunn: I will go over with him between now and the next meeting which I understand has been rescheduled for a date in June but no I am not withdrawing the application, sir.
Councilman Baker: Well, it is certainly your business decision.
Councilwoman Panos: I agree that there are some serious water issues here. I mean they to wind up being part of the warranty but there had to be an underlying thing that makes all these people have basement issues that I'd like to see the planning board conditions that this is approved on. I know we take over detention basins but do we take over tot lots? You said there was a swing but he said there is more to it. Is that our policy to take over tot lots too?
John Vincenti: In some instances yes and in some instances no. It depends on how the project was designed and what the approval the particular subdivision was. In this particular case the tot lot is on an open space lot that clearly was given to the town as part of the subdivision when the map was filed. The intent was for that tot lot to run with the land. I'd have to investigate exactly the conditions of the approval and what was stipulated when the project was approved, however it was approved prior to the implementation of the storm water management ordinance.
Councilman Maher: I'd like to move a motion as expressed by Mr. Heilbrunn that we carry this application forward to our next meeting. In all due respect, give Jonathan an opportunity to meet with this client to try to rectify these five issues, the correspondence received from the four homeowners as well as Frances here this evening and give Jonathan an opportunity to work on these issues with his client. When is our next meeting? Is it June 10th?
MOTION
to carry this application forward to next meeting on June 10, 2002 by Councilman Maher, seconded by President Butler and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Hoff.
Prior to the roll call vote, the following discussion took place:
Councilman Calogera: Will that give John time to do the punch list and have reinspection?
John Vincenti: Basically on these four lots, yes, and then do the research on the detention basin.
Councilman Redmond: There are five.
John Vincenti: I have Donohue, Carrie Drive; Bran, 27 Annie; Oswald, 37 Annie; but I believe his issue was the open space and whether or not the town is going to take responsibility for that. Then we have 10 Annie Dr.
Councilman Testino: I just want to get the developer's consent on the record.
Jonathan Heilbrunn: Absolutely sir.
Councilman Testino: I'm willing to wait. I hope Mr. Vincenti can have an in-depth list for us to make sure we address the citizens' concerns even if they're not bondable items I'd like him to at least meet with them or someone from his department.
Councilwoman Panos: Can we take that one step further with a legal answer as to who is responsible for that drainage that maybe a homeowner paid for to rectify the drainage in his basement and stuff like that.
Councilman Testino: We're going to have the planning board answer by the time we come back as well.
Councilman Calogera: Just one more question in regard to the original visitation on this punch list. How long would it take to go through and have somebody do that punch list again? Not just with the five residents that are involved.
John Vincenti: The staff has spent a number of times out at the property, they walked the site. Are you asking us to redo our inspection?
Councilman Calogera: What I'm am asking you is, unfortunately because of Mr. Carney's involvement I would like to know if we have an impartial fair assessment of that development with regard to what the builder may or may not have done. Let me re-phrase it in another way John. I want to make sure that we don't have a problem with any conflict at all. I mean if you can tell me that employees, other than Mr. Carney, have inspected and we're confident with the situation.
John Vincenti: I can tell you that there was an individual by the name of Joe Herrera who did some of the inspections on the site as well as Barry Bowers who was one of our current inspectors. It has just been in the last eight or nine months or so where I'm sure that Mr. Carney has had some involvement and that is primarily with the punch list items that started mid last year and have continued through this year. When the original improvements were installed there was no conflict because this individual did not work for the township.
H-2 Release/Reduction Performance Guarantee - Karamac/Regalwoods
President Butler: We have a request here for a postponement of H-2. Do we have to vote on that?
John Vincenti: Before the vote Mr. President, the request from the developer is to carry that to the June 10th meeting.
Councilman Testino: Is that with re-notice or no notice?
Deputy Clerk Stella Ward: John, the residents have to be notified 20 days if you're going to set a new hearing date.
John Vincenti: That's up to the Council. The request from the developer was to carry it with a specific date without the need for further noticing.
Councilman Redmond: Are they represented here tonight?
John Vincenti: I believe they are.
Robert McGowan: I didn't expect to have to be here but I'm here on behalf of Karamac. We are asking that it be continued. There is some additional information that engineering requested and we will be happy to provide. Hopefully, that will give engineering a chance to complete its' review and report back to Council for next meeting. We did notice fully for tonight anyone who is here tonight who is interested can certainly be informed as to what date it will be rescheduled. We would ask to proceed in that way.
President Butler: The clerk has said that by law we have to notify the residents 20 days prior to.
Robert McGowan: We did that though, for tonight.
President Butler: That's for tonight but I'm talking about for the reschedule.
Robert McGowan: Is Jonathan re-noticing on his?
Councilman Greene: They don't always have to, it's up to the Council to make that decision.
Robert McGowan: That's what I'm saying. I don't think the law is necessarily requiring that.
President Butler: I think that our policy is basically to re-notice the residents.
Robert McGowan: I'm just saving everybody the time to hear things that hopefully we can eliminate before the next meeting. I'm trying to be respectful of your time.
Councilman Redmond: How many homes are we talking about?
Robert McGowan: Six homes. There are other homes on the street. There are six homes that we constructed. There are additional homes that are affected because it's on Bennett Road. Jonathan is in fact, a neighbor. Mrs. Fennessey is a neighbor. They didn't buy homes from us but they are on this street.
Councilman Testino: Can you send the six homes a letter?
Robert McGowan: We'll be happy to send out new letters.
Jean Fennessey: 69 Bennett Road. I will get a letter with any problems that I have to each member of the Council because I won't be here on 6/24/02.
Councilman Baker: You could give us your problems this evening because you're here and we'd be happy to listen to them.
Jean Fennessey: No, I'd prefer not. Thank you very much.
MOTION
by Councilman Testino to carry hearing of Karamac/Regalwoods to June 24, 2002 with re-notification by developer, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Hoff.
H-3 Release/Reduction Performance Guarantee - Renaissance Plaza - Application#94-00Z
MOTION
by Councilman Testino to re-notice and re-schedule hearing regarding Release/Reduction Performance Guarantee - Renaissance Plaza - Application #94-00Z to July 22, 2002, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Hoff.
APPROVAL OF MINUTES
RESOLUTION #252-02
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the following minutes are hereby approved
February 19, 2002 - Agenda April 8, 2002 - Regular
March 18, 2002 - Agenda April 22, 2002 - Combined
April 1, 2002 - Agenda
Moved by Councilman Maher, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSTAIN: Councilman Calogera.
ABSENT: Councilman Hoff.
ORDINANCE FOR SECOND READING
ORD. #24-02 Vacation of surplus portion of Disbrow Road.
Councilman Testino: We are not voting on this tonight, just moving it up.
Deputy Clerk Ward: This was advertised for next week.
Councilman Testino: Was the description of this reviewed?
Mr. Vincenti: There was a hand written description as well as a map. I have not had an opportunity to review the final metes and bounds description, however, the map is accurate.
Councilman Testino: The map didn't show the roadway portion. The prior roadway straddles both sides of the existing road that goes into Rambling Knolls. I would ask that you review this before second reading.
Mr. Vincenti: Okay.
President Butler: We will move that up.
ORD. #25-02 Ordinance to establish new fee for on-line payments by check.
President Butler: Move this up.
ORDINANCE FOR FIRST READING
Ordinance changing speed limits on Matawan Road to 30-35-40 m.p.h. from 25-35- &/or 50 m.p.h.
TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 26-02
AN ORDINANCE ESTABLISHING SPEED LIMITS FOR MORRISTOWN ROAD/LAURENCE HARBOR ROAD (AKA MATAWAN ROAD/LAURENCE PARKWAY
BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows:
SECTION 1: PURPOSE
This Ordinance shall establish speed limits for Morristown Road/Laurence Harbor Road (aka Matawan Road/Laurence Parkway in accordance with the recommendations of the Middlesex County Engineer.
SECTION 2: SPEED LIMITS
- Chapter X of the Code of the Township of Old Bridge is hereby amended by adding and supplementing Schedule IX thereof (incorporated by reference in Code Section 10-9) with the following:
The speed limit for both directions of travel on Morristown Road/Laurence Harbor Road (AKA) Matawan Road/Laurence Parkway shall be as follows:
Zone 1 - 30 m.p.h. from the southerly Old Bridge Township line to Cliffwood Avenue
Zone 2 - 40 m.p.h. from Cliffwood Avenue to Lea Avenue
Zone 3 - 35 m.p.h. from Lea Avenue to State Highway 35
SECTION 3: INCONSISTENT ORDINANCES
All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency.
SECTION 4: PARTIAL INVALIDITY
If any section, paragraph, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged and the remainder shall be deemed valid and effective.
SECTION 5: EFFECTIVE DATE
- Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.
- If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.
- Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two thirds (2/3) of all the members of the Council vote in favor of such resolution.
Moved by Councilman Testino, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Hoff.
ABSTAIN: Councilman Greene.
DISCUSSION ORDINANCE
DO-1 Ordinance to establish an emergency action plan in all public buildings in the Township. (LP)
Councilman Redmond: What are we looking for here?
Councilwoman Panos: The LEPC brought to my attention that the township doesn't have an emergency plan.
Councilman Redmond: Is this a plan that is put together by Dominic and his committee?
Councilwoman Panos: There were a bunch of people there and they gave me this ordinance from East Brunswick to give us guidance.
Councilman Redmond: I just wanted to make sure that this committee approves of this.
Councilwoman Panos: Mr. Schmidt and Mr. Cicio are here tonight.
Councilman Testino: I think that we need to have some action in writing from the committee stating that this is the plan that they endorse. We can send it to them now or after introduction.
Ms. Shepler: This is a rather detailed ordinance and pertains to buildings with occupancies of 50 and other use groups, without the UCC in front of us it would be difficult to tell which use groups and which buildings this would effect. There are also some very serious responsibility issues in terms of naming a fire brigade, there are also some liability issues and I think that the LEPC should critique this in more detail and give us a better explanation.
Councilman Testino: Perhaps we could have legal and engineering work with them.
DO-2 Foxborough Village II/Rolling Meadows - Authorization for the township to accept streets: Rolling Meadows Court, Beacon Place (New Section) (JV)
President Butler: We can move this up for first reading for next week.
DISCUSSION RESOLUTION
DR-1 Memorialize Release of Performance Guarantee - Ronko Developers, Inc.
MOTION
To Memorialize the Release of the Performance Guarantee of Ronko Developers, Inc. by Councilman Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Hoff.
DR-2 Memorialize Release of Performance Guarantee - Highpointe, Inc.
MOTION
To Memorialize the Release of the Performance Guarantee of Highpointe Inc. by Councilman Calogera, seconded by Councilwoman Panos and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Hoff.
DR-3 Memorialize Release of Performance Guarantee - Foxborough Village II/Rolling Meadows.
MOTION
To Memorialize the Release of the Performance Guarantee of Foxborough Village II/Rolling Meadows by Councilman Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Hoff.
Prior to the roll call vote President Butler opened the public portion for DR 1, DR. 2 and DR 3.
Seeing no hands President Butler closed the public portion.
DR-4 Award of Professional Services Contract to T & M Associates to do engineering study to determine the type and extent of drainage work required and to provide project cost estimates for the Sayrewoods South Little League Complex Study in the amount of $16,800.00. (CERT. # ) (AFFIRM. ACT.)
MOTION
to approve DR 4 by Councilman Greene, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Hoff.
Prior to the vote the following discussion took place
Deputy Clerk Ward: There is not certification for this.
Mr. Shah: I can certify the funds because this is a project that was recently approved under the new bond ordinance and I will provide you with certifications at the next meeting.
Prior to the roll call vote President Butler opened the public portion. Seeing no hands President Butler closed the public portion.
DR-5 Change Order #1 Reduction in the amount of $5,960.00 of Contract #01-14 John Patrick & Son for improvements to the Laurence Harbor Recreation Center Building, Phase I. (BH)
MOTION
To approve DR 5 by Councilman Testino, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT PODIUM: Councilman Baker
ABSENT: Councilman Hoff.
Prior to the roll call vote President Butler opened the public portion. Seeing no hands President Butler closed the public portion.
DR-6 Authorizing 3½% pay increase to the Township Clerk Rose-Marie Saracino effective July 1, 2001.
MUNICIPAL CLERK SALARY INCREASE
RESOLUTION #253-02
WHEREAS, the Township Council is authorized to set the salaries of officers and employees of the Council (NJSA 40:609A-36(j)); and
WHEREAS, the Township Clerk is the Township Council's employee; and
WHEREAS, the Township Council wishes to pay a salary increase of three and one-half percent (3½%) to the Township Clerk effective July 1, 2001; and
WHEREAS, the Township Clerk shall receive additional compensation as follows:
All health, prescription, vision, long-term disability insurance's and other similar benefits afforded other full time employees of the Township of Old Bridge, plus any benefits provided by Ordinance.
NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the Township Clerk's salary is hereby increased by three and one-half percent (3½%).
Moved by Councilman Testino, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Councilwoman Panos, President Butler
NAYS: None.
ABSENT: Councilman Hoff.
ABSENT PODIUM: Councilman Maher.
Prior to the roll call vote President Butler opened the public portion. Seeing no hands President Butler closed the public portion.
DR-7 Waiver of fees for minor subdivision in the amount of $2262.00 for the South Old Bridge Volunteer Fire Co., to purchase a parcel of land adjacent to the rear of the firehouse for the purpose of increasing the size of the firehouse lot.
MOTION
to approve DR 7 by Councilman Testino, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilman Baker, Calogera, Greene, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT PODIUM: Councilman Maher.
ABSENT: Councilman Hoff.
Prior to the vote the following discussion took place
Ms. Shepler: There is no amount on this.
Deputy Clerk Ward: Yes we do, $2,262.00.
Prior to the roll call vote, President Butler opened up the public portion. Seeing no hands President Butler closed the public portion.
DR-8 Resolution authorizing submission of an application to N.J. Local Finance Board for the 2002 NJ Environmental Infrastructure Trust Financing. (AS)
RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, STATE OF NEW JERSEY AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE NEW JERSEY LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. 58-11B-9(a) AND N.J.S.A. 40A:2-26(e)
RESOLUTION #254-02
WHEREAS, the Township of Old Bridge, County of Middlesex, State of New Jersey ("Township") desires to make application to the New Jersey Local Finance Board for its approval of the Township's 2002 New Jersey Environmental Infrastructure Trust pursuant to (I) N.J.S.A. 40A:2-26(e); and
WHEREAS, the Township believes
(A) it is in the public interest to accomplish such purpose;
- said purpose or improvements are for the health, welfare, convenience or betterment of the inhabitants of the Township;
- the amounts to be expended for said purpose or improvements are not unreasonable or exorbitant; and
- the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the Township and will not create an undue financial burden to be placed upon the Township.
NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:
Section 1. The application to the New Jersey Local Finance Board is hereby approved, and the Township's Bond Counsel, Solicitor and Auditor along with other representatives of the Township, are hereby authorized to prepare such application and to represent the Township in matters pertaining thereto.
Section 2. The Township Clerk is hereby directed to prepare and file a copy of this resolution with the New Jersey Local Finance Board as part of such application.
Section 3. The New Jersey Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by the applicable New Jersey law.
Moved by Councilman Testino, 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: Councilman Hoff.
ABSENT PODIUM: Councilman Maher.
Prior to the roll call vote President Butler opened the public portion. Seeing no hands, President Butler closed the public portion.
DR-9 Award of Contract #02-07 to Weld-It, Inc. in the amount of $196,400.00 for the supply and installation of an Air Conditioning Chiller and Emergency Exhaust System (HVAC Improvements.) (BH) (CERT. # ) (AFFIRM. ACT.)
Deputy Clerk Ward: We can't do this, we don't have a Cert.
DR-10 Resolution authorizing cancellation of CDBG Mortgage of Cornelius & Francine Connor in the amount of $15,000.00. (WSR)
AUTHORIZING CANCELLATION OF CDBG MORTGAGE OF CORNELIUS AND FRANCINE CONNOR
RESOLUTION #255-02
WHEREAS, a Community Block Development Grant (CDBG) Mortgage was entered into by Cornelius and Francine Connor with the Township of Old Bridge for premises known as 121K Wesley Road, Old Bridge, New Jersey; and
WHEREAS, the amount of the CDBG Mortgage was for the amount of $15,000.00; and
WHEREAS, the above named individual has paid the outstanding amount of the mortgage and is requesting cancellation of said mortgage.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the CDBG Mortgage in the amount of $15,000.00 is hereby canceled. The Township Council authorizes the Mayor and Clerk to execute the discharge documents.
Moved 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: None.
ABSENT: Councilman Hoff.
ABSENT PODIUM: Councilman Maher.
Prior to the roll call vote President Butler opened the public portion. Seeing no hands President Butler closed the public portion.
DR-11 Resolution to accept Residential Maintenance and Transportation Grant from Middlesex County Office on Aging
ACCEPT RESIDENTIAL MAINTENANCE AND TRANSPORTATION GRANT
RESOLUTION #256-02
WHEREAS, as required by the Middlesex County Office on Aging (M.C.O. on A) this resolution by the Township Council of the Township of Old Bridge indicates acceptance by the Governing Body of its obligation under the Grant for renewal of the Old Bridge Residential Maintenance & Assisted Transportation Contract No. SHTP-2204, Appropriation Code 12-602, Funding Source SHTP. Contract period shall be January 1, 2002 - December 1, 2002.; and
WHEREAS, The MCO on A contract ceiling will be $7,900.00 for Residential Maintenance, of which $7,000.00 are County funds - $875.00 Old Bridge match and $25.00 client contribution; and
WHEREAS, the MCO on A contract ceiling will be $15,525.00 for Assisted Transportation of which $10,500.00 are County funds-$5,000.00 Old Bridge match and $25.00 client contributions; and
WHEREAS, the authorized signatures shall be Barbara L. Cannon, Mayor; Himanshu Shah, Chief Financial Officer; Rose-Marie Saracino, Township Clerk and Helen Rende, Director Office on Aging.
Moved by Councilman Redmond, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSTAIN: Councilman Maher.
ABSENT: Councilman Hoff.
Prior to the vote President Butler opened the public portion. Seeing no hands President Butler closed the public portion.
DR-12 Waiver of fees for Green & White First Aid Squad - Ticetown Road in the amount of $ for building permit and engineering inspection fees. (JV)
President Butler: We can't do this because we don't have the numbers, am I correct?
Deputy Clerk Ward: That's correct. We don't have the amount.
President Butler: We'll just move that up.
DR-13 Granting permission to attach a banner to GPU pole from June 5, 2002 to July 1, 2002 for the St. Ambrose Carnival.
GRANTING PERMISSION TO ATTACH BANNER TO GPU POLE - ST. AMBROSE
RESOLUTION #257-02
WHEREAS, the Township Council of the Township of Old Bridge wishes to enter into an agreement for the Township of Old Bridge to temporarily attach certain banners to utility poles which are owned and occupied by GPU Energy prior to and during the St. Ambrose Carnival; and
WHEREAS, the carnival will be held from June 18, 2002 through June 22, 2002; and
WHEREAS, the aforementioned organization has made application to GPU Energy to temporarily attach certain banners to utility poles for a period of three weeks and shall be removed promptly at the end of the specified period.
Moved by Councilman Calogera, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Hoff.
Prior to the roll call vote President Butler opened the public portion. Seeing no hands President Butler closed the public portion.
DR-14 Authorizing filing of Handicapped Recreation Grant from NJ Dept. of Community Affairs. (TB)
AUTHORIZE FILING OF HANDICAPPED RECREATION GRANT
RESOLUTION #258-02
WHEREAS, the Township of Old Bridge desires to apply for and obtain a grant from the New Jersey Department of Community Affairs for approximately $210,870.00 State with $23,760.00 local share for a total contract of $234,630.00 2003 to carry out a program to service Therapeutic Recreation Program.
BE IT RESOLVED that the Township of Old Bridge does hereby authorize the application for such a grant and upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of the agreement, and upon receipt of the fully executed agreement from the Department of Community Affairs does further authorize the expenditure of such funds pursuant to the terms of said agreement between the Township of Old Bridge and the New Jersey Department of Community Affairs.
BE IT FURTHER RESOLVED that the Mayor and the Director of Parks and Recreation are authorized to sign the application and that they or their successors in said titles are authorized to sign the agreement, and any other documents necessary in connection therewith.
Moved by Councilman Calogera, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Hoff.
ABSENT PODIUM: Councilman Maher.
ABSENT: Councilman Hoff.
Prior to the roll call vote President Butler opened the public portion. Seeing no hands President Butler closed the public portion.
DR-15 Granting permission for St. Ambrose to hold their carnival on June 18, 2002 through June 22, 2002.
President Butler: We don't have the paperwork so we cannot do this.
Deputy Clerk Ward: We don't have the approvals on it yet.
Councilman Testino: Is June 10th going to be soon enough for them? What paperwork are you waiting for?
Deputy Clerk Ward: We're waiting for the approvals from the Police, the Fire, the certificate of insurance from the insurance company for the fire and for the town.
Councilman Testino: We'll have to get all that. Can we do it conditionally and then you can call us and poll us by phone if you get everything?
Deputy Clerk Ward: If that's what you want to do.
President Butler: We can do that.
Councilman Testino: Not for this go around, but I see that we only have a million dollars insurance as the insurance requirement here and I see where the fireworks certificate is four million dollars. I think it's time to consider, if our ordinance only says a million, maybe we don't want to do it this time because it would be a hardship for them and I know they're non-profit, but we still have to be concerned about whether there is adequate protection and I think most of these types of events are moving towards five million or at least two million with a three million umbrella if you want to talk in those terms, but I see that the certificate of insurance from the fireworks people is for four million, we should at least get that bonded over to the township. If you have a fireworks incident, you could be talking some serious injury. I don't know if there is ability to do it this time because I don't know what our ordinance says, but I think we should at least revisit our ordinances to make sure we have adequate insurance requirements for these types of events. I don't know what the right number is because I don't know what cost is out there, but if the fireworks insurance is coming from the fireworks people it's only a few more dollars to get it endorsed over to the township and I almost have to bet that St. Ambrose has a multi-million dollar policy in place anyway and getting an endorsement to us is not that much more money. But for now it looks like we're only requiring a million, is that right Stella?
Deputy Clerk Ward: We require a million and the fire department also requires I believe it's a million or a million five in total.
Councilman Testino: I just don't think that's adequate for this day and age and the way inflation is running.
President Butler: Why don't we ask administration?
Alayne Shepler: We would support that because that's what most of the member towns are doing.
Councilman Testino: So we'll put it on the agenda for discussion later.
Alayne Shepler: Certainly, I wouldn't penalize St. Ambrose now.
Councilman Testino: I'm not asking to do that, in fact I'm supporting the motion because I didn't want them to think I was going after their event. This is just across the board for any event like this. Anyway I'm going to support this one since that's what our ordinance says.
President Butler opened up the public portion. Seeing no hands, President Butler closed the public portion.
MOTION
to grant permission for St. Ambrose to hold their carnival on June 18, 2002 through June 22,2002 subject to the condition that all paperwork and approvals are received, moved by Councilman Redmond, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Hoff.
DR-16 Granting permission for St. Ambrose to have a Fireworks Display during the carnival on Friday, June 21, 2002 (Rain date - Saturday, June 22, 2002)
MOTION
to grant permission to St. Ambrose to have a Fireworks Display during the carnival on Friday, June 21, 2002 (Rain date - Saturday, June 22, 2002) subject to the condition that all paperwork and approvals are received, moved by Councilman Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Hoff.
Prior to the roll call vote President Butler opened the public portion. Seeing no hands, President Butler closed the public portion.
DISCUSSION
D-1 Add township owned property to the Green Acres Open Space Inventory - Property is located east of Thomas Street and West of Walter Schirra School.
Councilman Greene: This is a large parcel of property that actually is the reason why we have two Cindy Streets; why we have a Cindy Street in Ward 5 and a Cindy Street in Ward 4. We discussed it a couple of weeks ago relative to buildup of litter. If you look at it, it's broken up into parts, one is Board of Education owned and the other portion is Township owned. According to the map and it could be more or could be less but the map indicates that it's 23.6 acres of Township owned property which is pretty significant and I just wanted to make sure we preserve this property for open space so I ask that if it's not that we do place it on the Green Acres Open Space Inventory to preserve it as open space so that it doesn't get developed.
Councilman Redmond: I support Mr. Greene's motion but I have a question of the engineer if he's still here or maybe the attorney can tell me. Do we need a survey to do this?
Alayne Shepler: You would need metes and bounds. I'll let the engineer speak to you but I would assume you will need complete metes and bounds.
Councilman Redmond: I think anytime we can add acreage to our open space we are benefiting the township. I believe it's Deep Run Creek which is responsible for the two Cindy Streets.
Alayne Shepler: John just indicated that he will refer to the deed to see if we have it on file.
Councilman Redmond: That's all I wanted to know.
Councilman Testino: The Township has no other use for this property at this point, right?
Councilman Calogera: That's possibility that we're looking into. Mr. Badcock is supposed to give us a report on what we can use that for, possibly a park, tot lot, something. There's a question with that parcel which I don't think we would ever want to do but as another east-west connection.
Councilman Testino: So you're saying we should wait to get an answer.
Councilman Calogera: No, I would rather move with Mr. Greene's way of handling it. I would rather see it stay open space. We don't need another east-west connection in that area.
Councilman Testino: Everybody wants an east-west connection except in their own side of town.
Councilman Greene: So where are we going to leave that? Is the Administration going to do that.
Alayne Shepler: We will check into the deed and we we'll check with Mr. Badcock as well.
D-2 Girl Scout Troop 1414 requesting that (a) Council grant them permission to stencil marine animals on sewer grates to increase public awareness of non-point source pollution, and (b) to dedicate a day to this cause.
Councilman Redmond: I think this is a good idea.
President Butler: Who put this on?
Deputy Clerk Ward: It was a letter sent to the Clerk's office.
Councilman Redmond: I would certainly put this on the Agenda.
Councilman Testino: I don't know. I would like to know a little bit more about it.
Councilman Redmond: I've seen what they do.
Councilman Testino: Do you want it next to your house?
Councilman Redmond: I don't care.
Councilman Testino: We should get some public input on it first. What does it look like. What requirements we're going to make them meet. As Mayor Shepler just said do they have to have liability insurance when they're out with the kids? They're going to be on our roads doing these things and we permit it. We're going to have to require as Mayor Shepler just said, supervision.
President Butler: Acting Mayor Shepler, you have this covered, right?
Mayor Shepler: Yes sir. If we need some more information I'll check with the Clerk. You said you received a letter from the Girl Scout Troop? We'll get a point of contact then.
Deputy Clerk Ward: I'll get it to you in the morning.
D-3 Liability, vacation, sick and comp. time.
President Butler: Mr. Maher I think you're waiting for a report on this.
Councilman Maher: We got the report last week from Mr. Badcock. What I'm suggesting is that we form a Council subcommittee. This is the six to eight million liability that we have. I know we've put some controls in processes to limit our liabilities with respect to the liability vacation, sick and comp. time but I think there are some additional controls and processes that we possibility could take a look at to see how we are applying our funding for this compensation so I'm suggesting Council President Butler that you form a Council Committee to take a look at this and meet with the administration and come up with some recommendations.
President Butler: Would you like to share this committee Councilman Maher?
Councilman Maher: Yes.
President Butler: How many people would you want on this committee?
Councilman Maher: Three, two other Council members that are willing to serve.
President Butler: Anybody want to volunteer to serve on this committee?
Councilman Maher: If we find some cost savings we could fund the golf course.
President Butler: Dennis, I'll serve on this committee with you. Well, we asked for volunteers but we couldn't get any.
D-4 No stopping or standing on Maple Street.
Councilwoman Panos: This is sort of in relation to the report on R-2. A couple of weeks back I had asked that maybe the "no parking from here to corner" be moved up a few feet. Well Captain Bonfante got back to me and said that you cannot have a sign, "no parking from here to corner" more than 30 feet. He offered to meet with me and also Officer Lenny Foderaro, who I was really quite impressed with I have to say. So we went down to the location and Foderaro had already been there the week before and said the street was 23 feet wide at certain points and it really should have parking on no side. As we stood there for about ten minutes it was apparent how unsafe that road gets especially since that's going to be an entrance to Phillips Preserve. So, Officer Foderaro suggested that maybe we should have an ordinance put in place to have no parking on one side of the street. To have a line drawn down the center of the street. It might not be a popular move with the apartments but most definitely is a safe move. That street is becoming quite active and it was a good collaboration of the Police working together with the Council. We went down to the site and checked it out, wrote the ordinance together and I'd like that to be an ordinance.
President Butler: So you want that to be put in the form of an ordinance.
Councilwoman Panos: Yes.
President Butler: Does the Clerk have a copy of what you have there?
Councilwoman Panos: Yes.
Alayne Shepler: It is my understa |