OLD BRIDGE TOWNSHIP COUNCIL
COMBINED MEETING
JULY 22, 2002
A combined meeting of the Township Council of the Township of Old Bridge was held on Monday evening, July 22, 2002 at 7:30 p.m. 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 following by a short prayer.
Deputy Clerk Stella Ward announced that this meeting was being held in conformance with the Open Public Meetings Act, notice was given to the newspaper and notice of the meeting has been posted in public places.
Roll call at 7:35 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.
Bill List
RESOLUTION #384-02
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of July 22 2002 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of July 22, 2002 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $5,544,164.99 (General Fund) Less $41,333.81 deduction for Jersey Central Power and Light Company for a new amount of $5,402.831.1 (General Fund).
Moved by Councilman Maher, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilman Baker, Calogera, Greene, Maher, Redmond, Councilwoman Panos, President Butler
NAYS: Councilman Testino
ABSENT: Councilman Hoff
Prior to the roll call vote the following discussion took place:
Councilman Maher: Do we have a payment due to JCP&L in this bill list? The reason I am asking is that we had the 12th blackout since September this past Saturday night for about four hours and if in fact there is a bill for JCP&L then I ask Council's indulgence to withhold this payment until a representative from JCP&L comes down here and addresses the problem that we are having here in Old Bridge with respect to power outages surrounding the Town Center district.
Himanshu Shah: There is a payment of $41,333.81 on this bill list.
Councilman Maher: I would like to request that this bill be withheld until the representatives from JCP&L come down here and address the problem.
Himanshu Shah: They are scheduled to appear here on the August 12th meeting.
Councilman Maher: That is fine, but I still would like to have any payments to them withheld.
Councilman Greene: We had a representative at the last meeting and I thought he gave us a good explanation and now you are saying that someone else is scheduled to be here on August 12th.
President Butler: That representative stated that he would be back in two weeks if he had the problem resolved otherwise he would be back in thirty days.
Councilman Maher: We had the 12th power outage this past Saturday night from approximately 7 PM till 10 PM The developments of Lakeridge, Country Place, the entire Ticetown Road area, Society Hill, Town Center District, Town Hall all of these areas were blacked out.
Councilman Calogera: I spoke to several people at JCP&L and I am not so sure that although the gentleman that was here was very accommodating, I don't think he is the one to have the last word on that subject; I think we need to get to his supervisor.
Councilman Maher: I would also like to send a resolution to the New Jersey Board of Public Utilities clearly stating the problem and not the type of service we expect from a public utility and they should provide better service to the residents of Old Bridge.
Bill List
RESOLUTION #385-02
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of July 22 2002 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of July 22, 2002 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $947,597.78 (Payroll).
Moved by Councilman Baker, 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
Bill List
RESOLUTION #386-02
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of July 22, 2002 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of July 22, 2002 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $54,799.77(Overtime).
Moved by Councilman Baker, seconded by Councilman Redmond and so denied on the following roll call vote:
AYES: Councilmen Baker, Redmond, President Butler.
NAYS: Councilmen Calogera, Greene, Maher, Testino, Councilwoman Panos,
ABSENT: Councilman Hoff
CLERK'S REPORT
Deputy Clerk Ward: There is no report at this time.
ATTORNEY'S REPORT
Attorney Ruggierio: The only thing I have to report to the Council is that we did succeed in the hearing and we can now count on the $1.5 million dollars toward our settlement in the Sommers case. The money will be used to clean up the property.
MOTION
Motion to accept attorney's report made by Councilman Baker, seconded by Councilman Calogera and so moved on the following roll call vote:
AYES: Councilmen Baker, Calogera, Green, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Hoff
PRELIMINARY PUBLIC COMMENTS
George Callahan: I reside at 3014 Cheesequake Road. After a long year of being threatened, harassed and mislead by Rob Larson with the specter of an impending traffic control device being installed on our front lawn, the Madison Park Fire Company has finally realized that they have to pass their plans through the governing body. It is up to the Town Council to approve or disapprove plans such as the one the fire company is proposing. It has become painfully obvious that the Madison Park Fire Company can use a few members with common sense, therefore I am considering joining. Let me tell you about this device. This radio controlled solar powered monstrosity stands 15 feet tall; it has a ... that measures 3 feet by 5 feet, and it is the first of its kind to be installed in the State of New Jersey After reviewing the plans a township employee was compelled to ask and I quote, "what do they want to do land 747's here on Cheesequake Road?" Reggie Butler is aware of this situation and had offered to see that both sides were satisfied with the resolution of this problem. Over the past few months he has listened to both sides and made suggestions. We could live with this device if it were not on our front lawn. The Madison Park Fire Company insists that they plan to put this device on our front lawn is the only acceptable plan. We are concerned with the impact this device will have on our property value and look for some assistance from the Council. We are not opposed to the device being installed but rather as to it's placement. We would suggest that an overhang traffic device be installed on Madison Park Fire Company property and we are submitting a plan for same.
Edward Williams: I reside at 33 Oak Street. I live next door to the Friendly Sons of the Shillelagh. Every year they have a boxing match and this year we were in Florida when they rescheduled it. We had a rock thrown through our window, my neighbor had their mail ripped up They have a show scheduled this weekend and the time has been extended two hours, my question is that I don't believe they are allowed to have any type of outdoor activity in a residential neighborhood to begin with and I want to know how they are doing it since it is against the law? Also, they are serving alcohol and other things out there that they should not be doing. Drunk drivers leaving all the time, running over my property with their cars, debris, urination, defecation on my property I sent a letter to you indicating that I tried to mediate with them, it was good for two weekends and then they had another raucous party and we had to call the police again. They seem to think that they own everything and everybody around and when Lucille Panos tried to speak to you people, she was told in no uncertain terms that there are 600 members, you are not going to fight them, they own the town. Well do they? Anyway, I would like to see this thing stopped. Another thing is that Mr. Baker, he extended the time from 10 PM, which I think is illegal as it should not go on at all, to midnight. Isn't it a conflict of interest that he sponsored a resolution and he voted on it since he is a member? I also would like to ask the township attorney to find out if it is illegal in a residential neighborhood to have this stuff going on?
President Butler: The township attorney will look into it.
Cora Lawton: When I spoke last meeting, I lost my temper. Mayor Cannon, I must say you did not hear correctly, I never said anything like you said I did when you approached me in the back with regard to your salary. All I say is that you see our kennel is drowning, so why not throw in some money to help it. We have to help these animals, people from all over New Jersey have called me regarding who will take over the kennel. When I tell them the SPCA, and they know that they do not have a good record and these animals will be destroyed. The two women who run the kennel do a good job with many years of experience. Jenny provided me with memos regarding the kennels, which represent inconsequential questioning of happenings at the kennel. This waste of time and paper costs hundreds of thousands of dollars. I don't think it's fair and think that you just want to get rid of these women.
Horace Lawton: I reside at 36 Disbrow Road. We are talking about a very small amount of money for the services and rewards that the township is getting for operating the animal shelter. I prepared a graph and passed it out indicating the total outlay of money for the kennel with regard to the total budget. It is my opinion that you have hatchet people who want to get rid of these two women. If we privatize we still need animal control officers to help the animals that are hurt, so we will have to pay and the budget will not be significantly impacted and we will not save money. It is my opinion that we change the department head who is running the shelter now and let the girls do what they want, let our old vet back and not use one who is a friend of the supervisor, let the taxpayers be the force again. I ask Ms. Shepler for a bid spec and she replied that the State does not give out bid specs because of dealing with a non-profit organization. My attorneys see nothing in the local public contracts law for contracting with a nonprofit organization and my attorneys want to know what law you are referring to. Also, I want to say that if it is private, I wish to make a bid.
Kathy Williams: My property is adjacent to the Friendly Sons. They have in this State, "quality of life laws", which cannot be amended or abolished by local municipalities. The Friendly Sons on a regular basis have been running outdoor concerts for use of a better word. These laws govern noise levels and we have no life where we live. Several weekends I have been confined to my home with the windows closed and playing my TV as loud as possible in order to drown out the bands, crowd noise and other things going on. We are a residential area. When they have affairs inside the building, and I have no problem with that, but lately, it is just about every weekend that they have these outdoor affairs. I believe in order to have these outdoor affairs, they have to get a variance which means they are supposed to come to the neighbors and ask for our opinion. We are not even told about these events. I only found out about this Saturday night's event today, which Mr. Baker had the amendment put on and he is a member of the Friendly Sons, to have it extended till midnight. They are not allowed to have outdoor concerts even at 2 o'clock in the afternoon in a residential area. Two weeks ago I was having a barbecue and we had to end it because of the loud music. At 11:30 p.m. when they have all drank, I don't know how much beer, they think they are country western stars and everybody is grabbing the microphone, doing the Karaoke thing. Finally, I had to call the police to break it up. In the meantime, little children are running through the woods on everybody's property and we have dense woods, and the children are unattended because their parents are drunk. This is going on a regular basis. After the boxing match last weekend, my kitchen window had a rock thrown through it and my neighbor's mail was ripped up and scattered up to the property of the Friendly Sons, she called the police on this. That is a federal offense and nothing is done about it and they do what they want and we were told this. Steve Hansalt who is their president, came to my house on June 8th and told me that they can do whatever they want every weekend till at least 10 pm and if I did not like it "too bad." I want to know what the Council is going to do about it because they claim they more or less "own Old Bridge" and we had better keep our mouths shut if we want to have peace and quiet.
Steven Wall: I am distributing a proposal tonight and one of the items is contributions, which is the essence of any nonprofit organization and is something that can and will work for the kennel. The other item is volunteers, which has been talked about quite a bit. There is a policy that can be had which provides $100,000 medical coverage, $15,000 accidental death and dismemberment for any volunteer working in an animal shelter, the cost is $300.00 per year for thirty (30) volunteers. The comparison that was made last week with East Brunswick is somewhat off base, they have 25% less people than Old Bridge. Their ACO is more visible, because their ACO's do not feed, clean, deal with public, answer phone calls. They do nothing along the lines of what these girls do. Back in the 1980's Manny Fernandez put in a bid to take over the kennel, but the general consensus was how could the township even think of doing something like this. One quote was "if it costs the job of one township employee, or the needless death of one animal, all the budget savings in the world is not worth it.". This statement was made by former Councilwoman Barbara Cannon, our Mayor now.
Michael Kaufman: I reside at 11 Hastings Rd.. I feel that they may be a serious problem with regard to fair share property taxes and assessments. I live in the Sayrewoods South section of Old Bridge and about one year my area was reassessed resulting in a 10% tax increase for most of the residents in the area. It is my understanding that not all areas of the township have been reassessed since that time. By not reassessing all the properties, the township is not getting its fair share of taxes from the entire township making it more difficult and requiring yet another large tax increase this year. I believe this will cause some financial disasters within the township. I recommend a better control of the Board of Education, which is 70% of our property tax. I am curious as to how the Board of Education got this increase since the voters defeated their budget in the last election. For the sake and future of the township I appeal to the Council to examine areas that were assessed and those that need to be assessed and arrange for the reassessment to he done soon so that everyone pays their fair share. I also would like Council to advise the public with regard to the defeat of the school budget and why our taxes still have increased and the impact on the 2003 tax rate.
Jenny Lynn Wall: After the last meeting my mother was very upset after the Mayor spoke to her regarding some statements she had made. Mayor Cannon in a letter stated that the Democrats wanted to cut the salaries 2 million dollars and as far as job security goes, if you vote Independent or Democratic, you will not have a job. Now you want to give the kennel to someone with no background. We are told you cannot take money, talk to people or write letters and then you want to know why we can't get money. We know how to do this, but you cannot give us a supervisor who knows nothing about animal control. Lt. McNamara may be the best cop in the world, but she does not know about animal control. If the budget is so bad, then why did we let Lt. McNamara rack up almost 800 hours in overtime working on the kennel, that is my salary and I have proof of that. We all used to work together, now we do not and why can't we do that again.
Gage Ambretta: I am the attorney for the Brunetti Organization. One of the discussion items tonight is Zoning Changes. Since my client is a property owner in Old Bridge I would request that you provide me with a copy of whatever report or zoning amendment you have so that we can follow along.
President Butler: This is going to be a discussion item so we do not have any background information on it.
Attorney Ruggierio: The council members are allowed to put items on the agenda for discussion and this one is by Councilman Testino who requests zoning changes so there is nothing formalized or written at this point.
Gage Ambretta: As a matter of courtesy, I ask that if something regarding zoning is going to be discussed that we be informed.
Irene Clavering: I just want to reiterate that we had asked that our rent stay at 2% or lower and I want to reaffirm that. I hope that you bear this in mind for the future.
Steve Acker: I am here on behalf of the Old Bridge High School Cross Country Team and their coach, Rich Gebauer. I am asking for financial assistance to send the team to the Great American Cross Country Championships in North Carolina this September. We are asking for as much support as we can get for the team to be able to do this. There was an ordinance passed several years ago allowing for funds for teams in competition and this is what I am requesting.
Monte Seewald: I agree with the councilman who put forth the resolution on the JCP&L. I received my tax bill and it went up approximately 13½ % . The Old Bridge Board of Ed is 63% of our budget. You represent us with regard to our local taxes. The Township budget is only 20% of the total school budget. I e-mailed Governor McGreevey, Assemblymen Thompson, Azzolina, the Superintendent of School and not one responded to my suggestion and I think it is a reasonable one to consider putting the Board of Ed budget combined with the regular election. I think it would impact the voting system. The New York Times article published on 6/22/02 concurs and should be looked at by everyone.
GUEST:
Al Liebowitz, Madison Park Fire Co.
Al Liebowitz: I will just give a brief overview. This matter has been going on since November 1994 as evidenced by a letter sent by me to the Bureau of Traffic Safety, Council, and the Mayor regarding the dangerous traffic problem that exists in front of the Madison Park Fire House with respect to exiting the premises onto Cheesequake Road when responding to a fire and backing the trucks into the building upon returning. We had placed firefighters in the road when we were backing into the building, but discontinued that practice when some where almost hit by speeding traffic coming down Cheesequake Road. The only answer is to install a traffic light in front of the building. At that time the Council gave us their blessings, but we were on our own. This matter has now dragged on for years and about three years ago we received a call from traffic and safety that the State had given tentative approval and all they needed was to see the final design and that is what we are talking about tonight. We have received a $30,000 grant from the State for this project and we have basically signed an agreement with a Florida firm to install this device. We have had meetings and we discussed a more expensive type of device that required one pole with all the lights on it. It still requires that signs be posted on both sides of the street and one will be in front of Mr. Callahan's property. We went with the less expensive proposal because we felt it was less obtrusive to the neighborhood and we felt the additional cost would be a waste of money. It is my understanding that we do not need permission from the Township to do this, but as a courtesy we did follow-up with the engineer and he did have some other ideas in trying to assist Mr. Callahan who is upset with this and therefore there has been some delay in moving forward. The bottom line is we could care less, as long as we can stop that traffic it is all that matters.
Rob Larson: I am here on behalf of the fire department and I just want to address some issues that Mr. Callahan had. We have made attempts to resolve this problem and unfortunately that was impossible. The placement of these lights will fall on the property line of both Mr. Callaghan, his neighbor, and another neighbor; the light is actually between the two homes on the property line. It is the best and least expensive plan we can come up with. The one pole system will cost the taxpayers approximately $15,000.00. We would like to move forward with this plan and do not see any reason for you to delay it. I hope Mr. Callahan understands that if we go with the one pole system that a sign will have to be positioned in front of his house in order to instruct people where to stop. The only issue Mr. Callahan seems to have is with quality of life and we feel that this signal will increase quality of life because it will slow down traffic. He also talks about property value. I am insulted to think that he places property value above the lives and safety of firemen.
Councilman Calogera: There are no sidewalks on Mr. Callahan's side of the street and it would go at the end of the driveway on somebody's lawn, am I correct?
Mr. Larson: Yes.
Councilman Calogera: What is the description of this pole?
Mr. Larson: It is about a four inch pole that goes straight up about 12 feet and the light goes on top of the pole. The light will only be activated when we are responding to a fire.
Councilman Redmond: Are there any communities in this area where this type of light is used?
Mr. Larson: South Amboy has one.
Councilman Testino: I would like to hear what Mr. Vincenti has to say on this matter.
John Vincenti: First I would like to take exception to one of Mr. Larson's comments.
I don't think that we have delayed the project in any way. We were asked for our input and that is what we did. We had meetings with the residents and tried to accommodate all parties with certain recommendations in our letter. The fact is that we were not provided details until June 12th and we responded two weeks later after we took a look at the situation. Our suggestion was to consolidate the signals on one pole. We knew it would cost additional funds but felt it would serve the public safety as well as the residents in the area.
Councilman Testino: The suggestion made by Mr. Vincenti is costing $15,000 additional, is that correct?
Mr. Larson: Yes, for one pole.
Councilman Testino: There is no doubt that there is a need for the light, but what is the least intrusive manner to do it. Are you looking for the $15,000 from the township?
Mr. Larson: We are not looking for anything but a way to stop the traffic. It you think it is worth $15,000 then do it, but we are not asking for the money.
Mark Liebowitz: Just for clarification, if you decide that we should use a single pole, then we are asking for the money for it, we do not have additional funds to do this.
Councilman Testino: We are not giving that answer tonight, we just got handed the budget.
Alayne Shepler: I think that I also have to remind Council that the fire company is a part of a taxing district, that would be the first place to approach for taxpayer funds for this type of a project if Council thinks that is the way to go. My suggestion would be to talk to the commissioners.
Elaine Liebowitz: On behalf of the Madison Park Fire Company, I will hold anyone who is delaying this matter responsible should anything happen to my husband or my son or any other fireman.
Al Liebowitz: We received a $30,000 grant for this project which we have to spend by the end of this year. This material is ordered, it is in stock and I was told that if we do not do this project within the next couple of weeks, he has to charge us storage, another couple of thousand dollars. It is government that is delaying this project and putting everyone here at risk every time we go in or out of that fire house.
George Callahan: I would like to say that I have no problem with a sign being put on my front lawn and I personally will pound the pavement until I collect $15,000 for the pole to be put on the other side.
President Butler: The reason that this signal has not been put in is because you had a resident with a problem. We are all trying to keep everyone happy and safe. My colleagues are getting this for the first time and they need time to review it.
Councilman Testino: This started back in 1994 and traffic and safety must have reviewed this because otherwise it could not have gotten to the DOT. Somewhere it went through the township and I am told it has been approved by the DOT, which that documentation should have been submitted to Mr. Vincenti because you are not going to get any road or right-of-way permits until you do it. If you claim to have all the approvals, why are we discussing it tonight?
Capt. Cerra: The approvals are for the original plan. The changes due to the complaints have not gone through anywhere yet. They would have to go through the entire process as the first set of plans did.
Councilman Testino: So if we do nothing, they can go ahead tomorrow with the original plan.
Capt. Cerra: Yes. The original plan is for $30,000 and they have this money through grants. If you want this other plan in place, then you come up with the other $15,000 and push it through the DOT before the grant is lost.
Mr. Callahan: This light is 15 feet high, it has a solar panel and a radio antenna. The face plate is five feet wide by three feet high and has three one foot in diameter bulbs, red, green and yellow. No matter what they say as soon as I open my front door this is what I will see and it will have an impact on the value of my property and perhaps prohibit me from selling my home. I have an appraiser coming to my home tomorrow and I will submit his findings to the Council.
John Vincenti: The only additional comments I have is that I would let the fire department know that they need proper road opening permits and normally we are in the loop with any documentation from DOT and we have not been given a copy of it and I would appreciate having a copy.
President Butler: Do we have a breakdown of the cost of this signal?
John Vincenti: We were provided some number from the outfit in Florida. As we see it there are six items in the proposal. The calculated cost would be $15,000 for the additional items on the single pole and to be safe we would add a contingency number of $2000 for a total of $17,000 onto the original grant of $30,000.
President Butler: So if we raise the additional $17,000, then this project can get going? If that money cannot be found they have to go with the three pole concept.
John Vincenti: That is correct.
President Butler: We all know what we have to do and we will take a look at the numbers and we will get back to you as soon as possible.
Al Liebowitz: All I am asking is if we cannot get the $17,000 what is going to happen? If we don't get this soon we are going to lose this thing.
President Butler: We don't know that, we just got the numbers tonight.
Councilman Greene: This is certainly a safety issue on the part of the firefighters and I feel bad that they are going away without a resolution. I think the very least we can do is make a commitment to them that the next meeting we will make a decision, it gets built the way they propose it or we have the $17,000 for the alternate plan.
D-5 KENNEL OPERATION
Councilman Redmond: In deference to the people who are here this evening I want to state that I have received a lot of information, some this evening regarding the SPCA and how they spend their money. There is a lot of information that I need to go over and I am not ready to take a vote on this so I would like to make a motion to table it until we can go over this information and not keep these people around here all night.
MOTION
Motion to table discussion on kennel operation made by Councilman Redmond, seconded by Councilman Baker and so moved on the following roll call vote:
AYES: Councilmen Baker, Calogera, Maher, Redmond, President Butler
NAYS: Councilman Greene, Councilwoman Panos
ABSENT PODIUM: Councilman Testino
ABSENT: Councilman Hoff
HEARINGS
H-1 Release/Reduction of Performance Guarantee - Bridgepointe (Phases 2, 3, 5, 6 & 7)
Pinder Sumal: This is for 387 townhouses containing 54 buildings. The original developer Rondinelli constructed 13 buildings and 100 townhouses. The remaining buildings are being done by Kara Homes. The bond reduction is for five phases. The total for this five phases is $685,481.12. We received three letters on this reduction requesting that the bond not be released. We have made our assessment of the work done for these phases and basically in light of the letters received and based on our assessment we are recommending a 50% reduction of the performance guarantee which would be a total $308,000.00 for the bond and the cash to be retained would be $34,000.00.
Bob McGowan: I represent Bridgepointe at Harbor Heights. As Pinder pointed out the percentage of completion is much higher than the engineer's office is recommending. I have been advised that Kipcon Engineering has been retained by the Homeowner's Association to review all the work that has been done both the work that will be maintained by the homeowners and the work bonded to the township with respect to that I believe the engineer has taken a very conservative position in only asking for 50% reduction.
Marion Ferato: I live in Bridgepointe and I don't feel that they should get this bond reduction at this point. My problem is I am there ten years and the retention basis is a health hazard, also the streets, curbs, as well as the landscaping that has just been put in is all brown. I feel that until the work is satisfactorily completed and the problems corrected that they not get any money back.
Angela Murray: I am a new homeowner in Bridgepointe, I have been there since December. There seems to be a problem because the letters were mailed on July 2nd , but we were not allowed to pick them up at the post office until July 13th so people did not have time to respond and send letters. This bond release refers to any work on the property itself and not the problems that I may have with my home itself. I moved in to my home in December 2001 and there is a detention basin at the end of my block which is a health hazard, there is no security and a child could fall into this basin. The fire department has complained that they cannot get a fire truck down the street because the roads are not wide enough and the roads have not been paved. The new townhouses that were supposed to be power washed have not been done. The Club House and amenities including the pool are not up to standard. The landscaping is a disgrace and the lawn has completely died. Until they have completed these phases they should not be looking for money to continue building.
Mr. Nageri: I am a new homeowner and just want to back up with Mrs. Murray has stated. The punch list items for my home have not been done, water remains in front of my house and the landscaping is sinking, when it rains I cannot go into my house.
Pinder Sumal: The detention basin is not part of these phases. We assume that 85% of the work is complete.
Angela Murray: The key word is "assumes". If you look around you will see that it is not the case. I encourage the Council to take a walk and look at what still needs to be done.
Pinder Sumal: We have looked at what was done and based on the value of the work we estimate that 50% of the performance bond can be returned.
Bob McGowan: Relative to the detention basin at the end of Topeka Court, this is not our property, it belongs to Alfieri. With regard to the other items, Kimcom is being paid at the expense of Kara Homes because we volunteered to fund that cost to the association so they could choose an engineer of their choice to make inspections. We are working closely with the association to satisfy all complaints. Since the recommendation is only for a 50% reduction a substantial collateral in the form of bonding will remain with the township. We intend to satisfy all of the homeowners by the end of the project and I have been personally attending homeowner meetings. We also have a person on site Bill Largent whose sole job is to address the homeowner's concerns as to their individual units as well as the general project concerns.
President Butler: So you are saying that you are going to take care of these problems for all of the homeowners?
Bob McGowan: Absolutely. There are two forms of guarantees here, you have the bonds posted with the town to make sure the outside is done right and you have homeowner's warrantees, which by law we must give to make sure that the internal aspect of the units is correct.
Councilman Baker: Can you address the notification process?
Bob McGowan: We submitted the notification to the Clerk's office and in full accordance with the law, if for some reason the post office was slow in delivering, I cannot explain that but we were in full compliance.
Councilwoman Panos: I would like to know what the notification problem was also.
Angela Murray: If you look at the letter that was sent, it was postmarked July 2nd which was July 4th weekend, so we did not receive the slips in our mailboxes until July 13th and I picked mine up on the way to the airport on July 14th . There is no way that they could write letters and be aware of this hearing.
Resident: (no name) There is a lot of work to be done on the outside of these houses. The streets are caving in and it is very dangerous for people to walk and why weren't these people told that the detention basin was not the property of Kara Homes but rather belonged to Alfieri. Before more homes are built, they must fix what is there now.
Angela Murray: When I went to contract on my house, that detention basin was not in the plans. They did advise me of a drainage problem and that they were working it out between Alfieri and themselves and they assured me that Kara Homes would take care of the basin and I had nothing to worry about with regard to safety issues.
Councilman Redmond: Several issues have been raised which I would like the engineering department to address. The first one is the detention basin and if it is a safety factor what is our recourse. We have had the same complaints from Bridgepointe residents with regard to roads being paved, drainage not working properly.
Bob McGowan: The roads are paved, the final topping has not been done on some of the roads, but the base is there.
Pinder Sumal: Of the five phases, only Phase 2 has topping the rest are not done.
Councilman Redmond: You are saying that we are still going to be retaining $342,740.58 and $34,000.00 in cash, will this be enough to complete the work?
Pinder Sumal: We have allowed zero percent credit for topping in our calculations, which means we are retaining 100% of our paving estimates.
Bob McGowan: I would like to address the detention basin issue. The detention basin was not on the original plans, the reason for that is it is not our basin and not part of the site we were developing. The problems was that when Alfieri expanded that basin while doing activities on its site, it trespassed upon the townhouse site. As a result, they ate into property that belonged to us and we needed to address that issue as to how we were going to restabilize the property and make sure that the soils were secure. We did that by making sure that the buildings were secure and we are reinforcing that by building a wall to create a separation between our site and the Alfieri property and on top of that wall we are putting landscaping and fencing to make sure that the people who live along the edge of our property are properly protected both visually and physically.
President Butler: Has your organization and Alfieri come to some kind of resolution?
Bob McGowan: We corrected the problems that affected our site, Alfieri may still have issues on its site, but we have correct ours.
Councilman Baker: Mr. McGowan can you address the fire department issue?
Bob McGowan: The streets as the engineering department can attest to, are properly sized; the problem is parking. We provide one garage and one space outside the garage and additional surface parking for the community. The problem is that one appears to use their garages and they are parking along both sides of the street and the street was never intended to accommodate both side parking and the fire inspector has been there several times to work with the community to try and find ways to address both the parking needs of the community and make sure fire safety is provided. Fire Official, Tom Gerity has been working with the homeowners to resolve the problem and he stated that if they cannot work something out he will have to paint the curbs yellow indicating no parking and that will be a visual detriment to the community and hopefully that can be avoided through cooperation and education and maybe some signage as opposed to painting Belgium block "yellow".
Councilman Baker: What is the time frame for having all this work done?
Bob McGowan: We have an obligation that when we complete and turn over to the association and before the association will accept, that the plantings and landscaping have to be in place. We have to have an agreement with the association to have them accept the maintenance of the grounds before the trustees will accept the property, that is what Kipcom was hired for. One of the things you will find most unusual is that many developers who work with a condominium association or new development agree with the owners to pay for them to hire an inspector to come in and inspect the work that we did in addition to what the township is checking. With regard to the three people who are here tonight I will gladly meet with them tonight and discuss their problems and follow up on them.
Chris Simmons: Since the matter of parking has just been addressed, I just wanted to state that parking is a problem and if changes are going to be made, will we be advised by letter asking us to come back to a meeting or will the changes just be implemented?
President Butler: We have asked the attorney for the developer to give a letter as to the progress that is made regarding the problems within the development.
Bob McGowan: The problem with the streets will be addressed by the fire department and that information will come from the association itself at a general meeting. I want the Council to note that at least every three months there is a general meeting of the association and the builder.
MOTION
Motion to move for the fifty percent reduction made by Councilman Redmond, seconded by Councilman Greene and so moved on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT PODIUM: Councilman Testino
ABSENT: Councilman Hoff
Councilman Calogera: I have a question for our attorney. Can we withhold reductions of bonds until a section is completed in it entirety?
Attorney Ruggierio: Municipal Land Use Law provides a mandatory process , whereby the developer makes a formal request to the township clerk for a reduction of a performance guarantee, this automatically keys the township engineer's obligation to go out and make an inspection and provide a report to the governing body about the progress in terms of the installation of the improvements and you are obligated after that to act in a reasonable fashion based on the information provided by the engineer. One other thing you should know is that no reduction need be given below 30% of the bond amount on file under this law.
H-2 Release of minor bonds for Foxborough Village
John Vincenti: This release concerns three secondary bonds that were held. The main performance bonds have already been released and the maintenance period has expired. These are housekeeping items. The first bond deals with sidewalks that were defective at the time. The developer has reached an agreement and settlement with the homeowners association and we have the documentation, therefore we recommend the release. The second bond deals with the fact that a bike path and walkway were not construction, the homeowners association did not want these items, there was a monetary contribution in lieu of these installations and we have documentation that the associations is satisfied with this issue and we are recommending the release of this bond. The third bond is for the installation of survey monuments and survey and installation of shade trees, these items have been properly installed and we recommend release of these three items.
MOTION
Motion to release three bonds for Foxborough Village made by Councilman Maher, seconded by Councilman Greene and so moved on the following roll call vote:
AYES: Councilmen Baker, Greene, Maher, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT PODIUM: Councilmen Calogera, Redmond
ABSENT: Councilman Hoff
H-3 Release/Reduction Performance Guarantee - Oxford Estates
John Vincenti: With regard to Oxford Estates we had a hearing on May 20th and the matter was carried to this evening. There were four items that needed to be addressed and we summarized them in a new memo dated July 22nd . The first item deals with detention basin maintenance. Our research indicates that in December 1999 there was developers agreement between the Council and the developer whereby it was agreed that the township would take over the regular maintenance obligations of the basin and a monetary value was agreed to at that time in the amount of $22,048.00. The only thing left is to do the calculations of the exact dollar amount that the developer will contribute to the town for maintenance. The second item dealt with a homeowner, Mr. Donahue, who had a problem with the grading and topsoil in his rear yard. I went out and did a personal inspection of this backyard and there has been a recent installation of an in-ground pool, a deck, a half paved basketball court, these improvements take up approximately 80% of his rear yard, he has changed the grade and done major modifications to the yard and I cannot hold the developer responsible to re-seed, re-vegetate this gentleman's back yard at this point and we are recommending that no further action be done by the developer.
Another item is with regard to Robert and Iwana Zezkowski, 10 Annie Drive. The issue that they brought up was with respect to the grading and reestablishment of grass in their yard area. That work has been done and we reached an accommodation with the developer and he will allow us to hold $5000.00 cash portion so we do a secondary inspection in the fall to make sure that seeding has germinated and the yard has established itself.
The last item is regard to 27 Annie Drive, the owner, Mrs. Brandt indicated that she was not satisfied with the way the developer left her rear yard. Again, I did a personal inspection the homeowner expanded her deck, constructed a concrete paver patio, installed an above ground pool, also put in a garden, again modified a large portion of her rear yard. I looked at the front yard also and found it was acceptable and based on the improvements that the homeowner made to the back yard, I cannot recommend that the developer go in and make any further modifications to the yard.
In summary, our recommendations in our original memo in May stand and we are requesting a release, subject to the posting of a two year maintenance bond in the amount of 15% of the original performance guarantee plus the requirement of the monument certification and the requirement of a final compliance letter from Freehold Soil.
Tim Donough: I reside at One Carrie Drive. We also discussed the cement at the May meeting to see if proper grade cement was used because everyone's cement cracked. The other question was whether or not we would get money back from the builder because we did our own landscaping. The basketball court was put in June that is three years after there was no top soil so I figured I had to do something to stop my backyard from flooding. What took you so long to get out there and I would like to know who you work for that you could actually say that? The other thing is all the work was done in the back on my property, nothing has been done on the side and I had to pay for my own topsoil. The builder was in and took care of everyone else's property adding topsoil, I live at the top of the hill, and I want to know why mine was not done.
President Butler: I think our attorney may have had something to say at the last meeting about the problems you are addressing.
Attorney Ruggierio: The concept here is that the developer owes an obligation to the township for the improvements and to the homeowners for whatever it is contracted to do with respect to the lot. There certainly could not be an arrangement whereby the homeowner's get reimbursed for these obligations to the township because it is up to the township to decide if they are installed correctly or not and make a judgment on it under this process. The short answer is "no" they are not entitled to a refund from the builder.
Tim Donough: What about the cement?
John Vincenti: We looked at all the sidewalks that the township is responsible for and all are acceptable. This gentlemen is referring to service walks and concrete porches, which do not fall within the items that are bonded. Typically once a homeowner takes occupancy there is an issue where they apply salts to the walkways that may or may not have happened here, but for concrete to fail on a yearly basis that it is a systematic issue with potentially the rock salt application and not with respect inferior concrete material. We did not test the concrete or take samples, we did not, we don't normally do that. Those are homeowner warranty items. We check the delivery tickets from the trucks to make sure that the right mixtures were used for the sidewalks, with respect to the walkways, we do not inspect that. The purpose of bonding is primarily to ensure that what the township buys through the development is done properly and properly constructed, the roads, drainage, sidewalks, utilities, those items that the township is obligated to maintain that is what we typically bond for. Over the years we have started to bond private site plan items such as parking lots, but the tie in there is that they are required by the site plan approval. The sub-division approval does not require certain elements within the construction of the home so they are not bonded.
Councilman Calogera: So if he has a problem with the concrete walkways the township cannot go after it, he basically has to go after the developer on his own, is that correct?
John Vincenti: We would attempt to help and resolve it but the ultimate disposition is first with homeowners warranty and if they are not satisfied there, he has a legal option.
Frances Brandt: I live at 27 Annie Drive. I am here today because I want answers from the last meeting we had in May. I want to know why the inspector did not come to see me because I was home for three weeks and he was going to go through my house and do an inspection.
John Vincenti: I was at your house approximately two weeks after the May 20th meeting. I did not go into your house because that is not an area where we as an engineering department have an obligation. You had indicated verbally at that meeting that you were dissatisfied with the condition of the grading of your property and that is where I concentrated my efforts.
Frances Brandt: You stated that I did a lot of changes to the grading of the property. I built on my property to get rid of the mud. I have a two level deck, a brick patio and an above the ground pool. I have a drainage problem, holes were drilled into my basement, still exposed and water seeps in whenever it rains. My husband and I dug down seven feet in the front of our house to prove that the walls were not properly sealed. They came and told us we had to close the hole because we opened it. How much are these developers going to get away with?
President Butler: We are here to protect the homeowners and try to resolve their problems.
Frances Brandt: I don't think that they should get their money back until they have done all the work that was supposed to be done. To me my house is not completed. I never got an answer about "Joe" who used to work for the builder and now works for the township.
Councilman Calogera: That is why I asked Mr. Vincenti to go out and check your property because I wanted to make sure that there was no conflict.
John Vincenti: You are right Kevin. That is a conflict, one of our inspectors, Joe Kearney, did work for the Werbler Organization. When he was hired by the township that was disclosed and made clear to all parties that Mr. Kearney was not to involve himself in any inspections on any prior companies. He does not go into this development or do inspections.
Attorney Ruggierio: The Council President has been asking me to comment on the issues raised by the resident concerning issues inside the house. I trust that you appreciate that there is a distinction between what the builder owes you under contract and warrantees in the construction of your house and what the builder owes the township in terms of what we call public improvement around the house, so I think while the engineer has addressed the issue of the outside and the grading, which is an issue that would concern the township. Things like floor cracking, painting are legitimate, but should be taken up with the builder, but it does not figure into this proceeding which is really just about streets, roads, curbs, storm sewers, drainage, and the like so if it seems like the Council is not being responsive to your concerns it is because it does not figure into this and it would be improper for them not to allow a reduction where one was warranted.
Frances Brandt: Did he notice any sink holes on the front of my property?
John Vincenti: I walked your entire property.
Frances Brandt: I don't believe you. If I had walked it with you I could attest to that and if you think the holes on the front lawn are fine then I am satisfied, but don't tell me you walked around and did not see any of this. What about the water in my basement?
John Vincenti: I did not inspect your basement. Again, you purchased a property that backs up to a conservation easement, that contains wetlands. When you excavate down into your rear yard and you encounter ground water, to me that is something that I would expect in this particular area and the lower elevations of your property because part of it is a conservation easement and part of it is in close proximity to a wetland that exhibits soggy conditions at various times during the year.
Frances Brandt: That does not explain the water in my basement. The water seeps through the walls every time it rains. Is it always going to be like this?
President Butler: Can we send someone over to inspect her basement with her present?
Bob McGowan: Tonight is the first time I have been accused of not saying enough. I just want to advise the board that Mrs. Brandt filed a claim under her homeowners warranty that her house was inspected by the homeowners warrantee organization and they required the developer to go back and remediate certain items, this was done, reinspected and the file has been closed on this matter. If Mrs. Brandt has a dispute with the developer, she has dealt with it before and she can deal through the homeowners warranty organization again. We repeat our position that under the law, based upon your engineers inspections and reports we are entitled to a release of the performance guarantee subject to the posting of a $5000.00 maintenance to ensure the growth period that Mr. Vincenti has requested.
Councilman Greene: One issue that was raised in the report was the maintenance of the tot lot, I want to make sure who will be responsible for this.
John Vincenti: I know of no specific agreement, however the tot lot is contained within the same piece of property that the township owns, it is in close proximity to the detention basin. I believe it has always been the intention that the township would assume ownership and maintenance of it because there is no homeowners association and it is contained on land that was dedicated to the township as part of the open space.
Councilman Greene: There should be no confusion down the road that the township will maintain this lot.
Bob Mc Gowan: If I may elaborate, the subdivision plots on this project were approved by the board indicate that all of the open space was dedicated to the township and the location of the tot lot specifically was made at the direction of the township planner. The only outstanding item is the amount of money the developer is required to give you for the detention basin.
President Butler: Have we now looked at every possibility of helping these residents?
John Vincenti: Normally in a situation where I can come in and reasonably assess a situation and see what was done or not done properly even though a homeowner may have done some landscaping or other improvements, I feel that with these two lots after walking the two lots specifically the rear yards, the level of homeowner improvements with respect to pools, patios, decks, basketball courts, the simple fact that the homeowners on these two lots have developed and added to such an extent I cannot pin who is responsible for areas of grass or areas of no grass. I look at this gentlemen's property and know for a fact that there were excavators, dozers, heavy equipment on the entire rear property to put in the pool and patio and to install the court, these are not large lots. I cannot in clear conscience have the developer go in and reestablish top soil once the landscape of that lot has been changed so significantly.
Jim Donohue: He said I have done stuff to the rear, the front and sides were never touched, there is no top soil there and I cannot grow grass there.
Thomas Agnello: I live at 31 Annie Drive. I am two house down from Mrs. Brandt. I have a water problem in my basement. There was water leaking through the walls and their construction engineer put holes in the bottom and told me the water would leak out when it rains into the french drains. That is not the case, when it rains, the water has now seeped up the walls and there are brown spots all over the walls and I have pictures to show it which I will leave for you to see.
Resident: (name unclear) I reside at 8 Carrie Drive and I have the same problems with my basement and lawn. If it rains you cannot go into my backyard for a couple of days. I put sod down, but it is all brown now because there is no topsoil under it. We want you to look into this matter and help us.
Tim Donohue: All the complaints that you have heard here are from the residents of the second phase. We are all at the bottom, you don't see anyone here from the first phase.
Councilman Calogera: Are the foundations part of our responsibility in holding back money?
John Vincenti: No. If you have a leaking basement, usually it means the basement is not sealed properly and not water tight. The ground will have water in it after it rains and the wall will tent and go down through the soil. If it is easier to go through a hole drilled into a wall as opposed to clay soil it will go through the wall into the basement. Again, we don't bond for dry basements, if we did we would have a different approach here.
Councilman Redmond: Even if we don't bond for it, there has to be something we can do for people when developers build homes that do not meet certain standards.
John Vincenti: If Mr. Werbler is hiring individuals who instead of fixing a problem put a hole in someone's basement wall, that is a problem, because if that hole was there prior to the final inspection, that home would have failed the inspection. The fix that was made after occupancy probably caused more harm than good but we have no way of really following up or enforcing something like that.
Councilman Maher: The builders worker drilled the holes in the wall, therefore the builder is responsible, correct?
John Vincenti: Absolutely.
John Vincenti: But the mechanism is not the performance bond.
Attorney Ruggierio: I look to backup the township engineer because I think that these homeowners are expressing legitimate concerns about their homes and the township council wanting to be responsible to them is feeling their pain in a sense, but I think that the engineer's point is well taken. This is a time to consider whether or not the performance guarantee should be released or reduced and it is not a time to consider the issues relating to the homes and to answer the rhetorical question, of whose side are you on, we have legal obligations to act with respect to these performance guarantees about the issues raised on the performance guarantees and these other issues are not properly brought before the Council in this forum. You are discussing something and I am trying to make a legal point to the Council, that what is in front of them tonight is the performance guarantee relating to curbs, streets, storm sewers, that is the point.
Councilwoman Panos: Have you addressed your basement problems with your home warranty policy?
Resident: (8 Annie Drive): No, this is the first time I am bringing this up.
Councilwoman Panos: Since there seems to be more than one resident with a water problem in their basement, we can say that it possibly is a grading problem and it may be a builders problem with regard to either grading or drainage.
John Vincenti: You can reach any conclusion that you feel. The only thing I can say given this development and the soil conditions and the fact that you have clay soils next to areas that have wetlands, I would expect high moisture content in this soils and if the basements are not constructed properly, there could be water coming into those basement . It may have nothing to do with the surface grading or it may not. However, with regard to these two lots, I don't think that the grading is a major contributing factor to the basement situation. When I walked the perimeter of Mrs. Brandt's house, on the left side, I could visually see that there was a cracked foundation that was patched less than properly, whoever did it was not a mason and it was a shoddy job and it would have never stand up against water infiltration. It is a poor foundation construction.
Mrs. Brandt: The builder fixed the foundation.
Councilman Maher: John, you are stating she has a problem with her foundation and she is stating on the record that the builder has patched her foundation, correct?
John Vincenti: In the one area that I saw, the front left side of the house it is visible that the foundation cracked and to my eye it appears that it was not patched correctly, but that does not correlate to what we look for.
Mayor Cannon: I just want to say that I think that having holes in one's basement wall is not acceptable and even though it does not come under the bonding, I think that the township should be put in a position where it supports the homeowners in trying to get it address properly through the warrantees and mandate that the builder fix it and fix it properly. I don't anyone should have to live with these conditions.
Councilman Testino: I am requesting that we, the Council make a site visit to this development and see for ourselves what the problems are.
President Butler: Yes, that is why I requested that they leave the information with the Clerk's office.
MOTION
Motion to table this request made by Councilman Calogera, seconded by President Butler and so moved on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Hoff
Jonathan Heilbrunn: Do you have a new date for this hearing and I request that it be without further notice.
President Butler: We have to wait till the engineer goes back out and the people will be re-noticed by regular mail. The next hearing date will be September 9, 2002.
H-4 Release/Reduction Performance Guarantee - Renaissance Plaza
John Vincenti: This is for a reduction of performance guarantee of the commercial plaza currently being constructed across from Oasis Ford on Route 9. We have done a number of site inspections and at this point we are recommending a reduction of 43%. After the monies have been returned we still will be holding a $425,000.00 bond and the appropriate cash of $47,000.00.
Vincent Lucy: I live 3649 Highway 9 and I just want to be reassured that Renaissance Plaza will keep the promises that they will pay for the plumbing and installation of everything into our house including an ejector pump if necessary. They just put a pole with wires on the boundary line and it is an eyesore. The other thing I am concerned about is the driveway, the said the buffer is 50 feet and as it goes down to the road it goes to 25 feet. Well when you look at it there is only about 5 or 6 feet and the curb encroaches right on our property and you should look into that.
John Vincenti: We will look into that and I know that a lot of the landscaping has to be installed. However, this developer has gone out of the way to install landscaping above and beyond what was specified in the way of size and number. We will look into all three items and Mr. Heilbrunn can discuss the tying in of the sewer to this house.
Jonathan Heilbrunn: That will be accomplished when the utilities are put into the building.
Vincent Lucy: They are also supposed to install a fence and this still has to be done.
MOTION
Motion to reduce the performance bond made by Councilman Greene, seconded by Councilman Maher and so moved on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler
NAYS: None
ABSENT: Councilman Hoff
Councilman Calogera: I would appreciate it if we could skip to DO-4 regarding the rent stabilization ordinance because there are several people who have been here for a long time and so they can go home before it gets any later.
DISCUSSION ORDINANCE:
DO-4 Amending Chapter XI-A (Rent Stabilization - Rent Increase)
President Butler: I would like to open this matter to the public for discussion. Seeing no hands President Butler closed the public portion.
ORDINANCE FOR FIRST READING
TOWNSHIP OF OLD BRIDGE
ORDINANCE #40-02
AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AMENDING CHAPTER XI-A OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE
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 establishes the permitted percentage increase in rent for rent controlled units in the Township of Old Bridge.
SECTION 2: AMENDMENT OF THE OLD BRIDGE TOWNSHIP CODE SECTION 11A-2.1 AT SUBSECTION © THEREOF; CONCERNING THE PERMISSIBLE RENT INCREASES
The Code of the Township of Old Bridge is hereby amended at Section 11A-2.1( c) thereof by substitution. Section 11A-2.1C shall read as follows:
(c) The terms and provisions of Chapter XI-A Rent Stabilization as pertains to rent increases only shall not be applicable to any new lease entered between June 1, 2002 and May 31, 2006. Rent Control shall apply to any renewal, extension or amendment of any lease now or hereafter in effect.
SECTION 3: RENTAL INCREASES
The percentage increase at renewal for units covered by rent control shall not exceed two percent (2%) per year.
SECTION 4: INCONSISTENT ORDINANCES
All ordinances or parts of ordinances inconsistent with or in conflict with this Ordinance are hereby repeated to the extent of such inconsistency.
SECTION 5: 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 6: EFFECTIVE DATE
A. Except as set forth at subparagraphs B and C hereof, this ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal council by delivering it to the Municipal Clerk pursuant to NJSA40A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.
B. If the Mayor vetoes the Ordinance (in the manner set forth in NJSA 40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.
C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two thirds (2/3) of all the members of the Council vote in favor of such resolution.
Moved by Councilman Calogera, seconded by President Butler and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Maher, Redmond, Councilwoman Panos, President Butler.
NAYS: Councilmen Greene, Testino
ABSENT: Councilman Hoff
ORDINANCE FOR SECOND READING
Township of Old Bridge
Ordinance No. 33-02
An Ordinance of the Township of Old Bridge Establishing Staggered Terms for Recreation Committee Members
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 amends Section 2-13.5 paragraph (a) of the Code of the Township of Old Bridge to provide for staggered terms for members of the Recreation Committee.
Section 2: Recreation Committee
Section 2-13.5 paragraph (a) of the Code of the Township of Old Bridge is hereby stricken to be replaced with a new Section 2-13.5 paragraph (a) to read as follows:
a. Membership. Within the Department of Parks and Recreation there shall be an advisory council on recreation known as the Old Bridge Township Recreation Committee (the "Committee"). An effort shall be made to represent all age groups on the Committee. The Committee shall consist of fifteen (15) members appointed by the Township Council who shall serve without compensation. The terms of the initial fifteen (15) members appointed by the Township Council pursuant to this ordinance shall be staggered, with eight (8) members serving terms of two years and seven (7) members serving terms of one year. Thereafter, each member appointed by the Township Council shall serve for a two-year term. In the event of a vacancy, the Township Council shall appoint a person to fill such vacancy for the unexpired term only. There shall be a chairman and a vice chairman of the Committee appointed from among its membership.
Section 3. Terms.
The term length set forth in this Ordinance shall be instituted upon the expiration of the terms of all current Recreation Committee members on January 1, 2003.
Section 4. 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 5. 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 6. Effective Date.
A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.
B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40A:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.
C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Council vote in favor of such resolution.
Moved by Councilman Testino, seconded by Councilman Baker 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.
President Butler opened the public portion. Seeing no hands President Butler closed the public portion.
ORDINANCE FOR SECOND READING
Township of Old Bridge
Ordinance No. 34-02
An Ordinance of the Township of Old Bridge Amending Liquor License Fees
BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows:
Section 1. Liquor Licensing Fees Amending Section 6-3.4 at Subsection (A) thereof Concerning Liquor Licensing Fees.
The Code of the Township of Old Bridge is hereby amended at Section 6-3.4(a) to increase liquor license fees by twenty (20) percent.
Type of License Present Increase New Fee
Consumption $1,576.60 $315.32 $1,891.92
Distribution $1,379.53 275.91 $1,655.44
Club * $150.00 - 0 - $150.00
* Maximum fee allowed
Section 2. Savings Clause
The remaining subsections of Section 6-3.4 shall remain in full force and effect.
Section 3. Inconsistent Ordinance
All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency.
Section 4. Partial Invalidity.
If any section, paragraph, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged and the remainder shall be deemed valid and effective.
Section 5. Effective Date.
A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.
B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40A:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.
C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Council vote in favor of such resolution.
Moved by Councilman Calogera, 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.
President Butler opened the public portion. Seeing no hands President Butler closed the public portion.
ORDINANCE FOR SECOND READING
TOWNSHIP OF OLD BRIDGE
Ordinance No. 35-02
AN ORDINANCE AMENDING LIMOUSINE LICENSE FEES AND APPLICATION PROCEDURES
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 amends the application requirements for limousine licenses and requires, among other things, applicants for limousine licenses to submit to photographing and fingerprinting in order to obtain a license.
SECTION 2. INSURANCE
Section 8-16.2 of the Code of Old Bridge is amended by substitution as follows:
Insurance: No limousine shall be operated wholly or partly along any street in any municipality until the owner of the limousine shall have filed with the Clerk of the municipality in which the owner has his principal place of business, an insurance policy of a company duly licensed to transact business under the insurance laws of this State in the sum of $1,500,000 against loss by reason of the liability imposed by law upon every limousine owner for damages on account of bodily injury or death suffered by any person as the result of an accident occurring by reason of the ownership, maintenance or use of the limousine upon any public street. Such operation shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amount of $1,500,000.
- The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of such limousine or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
SECTION 3. POWER OF ATTORNEY
Section 8-16.3 of the Code of Old Bridge is amended by substitution as follows:
Power of Attorney: The owner of the limousine shall execute and deliver to the Division of Motor Vehicles, concurrently with filing of a policy referred to in R.S. 48:16-14, a power of attorney, wherein and whereby the owner shall appoint the Director of the Division of Motor Vehicles his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed.
SECTION 4. LICENSE APPLICATION
Section 8-16.4 of the Code of Old Bridge is amended by substitution as follows:
License Application. In addition to the submission of an insurance policy and the power of attorney, the applicant must submit a valid New Jersey driver's license and a valid registration for the vehicle to be licensed. The applicant shall submit to a background check and being photographed and fingerprinted by the police department. The minimum fee for such background check, fingerprinting and photographing shall be $25.00
An applicant residing in an apartment complex must submit a current lease demonstrating Old Bridge Township residency. A letter on the apartment complex stationery must be submitted indicating permission for garaging of said vehicle on private premises.
An applicant residing in a planned unit development must submit a letter from his or her housing association stating applicant is permitted to garage a limousine.
An applicant shall be limited to one (1) license per address. An applicant who wishes to obtain an additional license must submit a notarized letter from the garage or owner of commercial property where the applicant's additional limousine shall be garaged stating the applicant is permitted to garage his or her limousine at such address.
SECTION 5. ISSUANCE OF LICENSE TO OPERATE LIMOUSINE; FEE
Issuance of license to operate limousine; fees:
The clerk of the municipality, in which the owner has his principal place of business, upon the filing of the required insurance policy, required documentation, and the payment of a fee which shall not exceed Fifty ($50.00) dollars, shall issue in duplicate a license to operate showing that the owner of the limousine has complied with the terms and provisions of this article.
The license shall recite the name of the insurance company, the number and date of expiration of the policy, a description of limousine insured thereunder, and the registration number of the same.
The duplicate license shall be filed with the Division of Motor Vehicles before any such car is registered as a limousine.
The original license shall be retained within the limousine and be available for inspection by any police officer in the State. In lieu of insurance information required on the license pursuant to this section, the owner of a limousine may affix to the original license retained within the limousine, a notarized letter from an insurance company containing the same insurance information required in the recital, which shall constitute proof of insurance coverage, and which shall also be available for inspection by any police officer in the State. A copy of the notarized letter shall constitute proof to the Director of the Division of Motor Vehicles, that the applicant has complied with the insurance provision of this section.
SECTION 6. 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 7. 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 8. EFFECTIVE DATE.
A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.
B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40A:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.
C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Council vote in favor of such resolution.
Moved by Councilman Redmond, seconded by Councilman Baker 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.
President Butler opened the public portion.
Anita Greenberg: What are the fees being raised to and how may limos are there registered in Old Bridge?
Deputy Clerk Ward: They are being raised from $35.00 to $50.00 which is the maximum fee that we can charge and there are 45.
Anita Greenberg: The only reason I ask is that I read an article in the newspaper about another town and they did not raise the fees this year because of 911 as they were concerned about the people who had limousines and their businesses were significantly impacted after that event. I just wanted to know if you took that into consideration.
Deputy Clerk Ward: Our limousine licensing fees are the lowest of all the towns and that is why we are raising it to the $50.00.
Anita Greenberg: I just want to make sure that all things were considered because people have been dramatically affected in their business by not only raising the amount of money but by the cost of insurance.
Deputy Clerk Ward: I believe that the Clerk did take everything into consideration when she put the fees in the ordinance.
ORDINANCE FOR SECOND READING
Township of Old Bridge
Ordinance No. 36-02
An Ordinance of the Township of Old Bridge Authorizing Acquisition of Real Estate Interest (Nesslage Property - Block 13000, Lot 28)
BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows:
Section 1. Pursuant to NJSA 40A:12-5 the Township of Old Bridge is hereby authorized to acquire by purchase, gift or condemnation the lands/premises known and described as Block 130000, Lot 28.
Section 2. The Mayor, Township Clerk and Director of Law are hereby authorized to take any action and to sign any and all documents necessary to carry out this ordinance.
Section 3. Inconsistent Ordinances.
All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency.
Section 4. Partial Invalidity.
If any section, paragraph, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged and the remainder shall be deemed valid and effective.
Section 5. Effective Date.
A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.
B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40A:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.
C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Council vote in favor of such resolution.
Moved by Councilman Maher, 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.
President Butler opened the public portion. Seeing no hands President Butler closed the public portion.
ORDINANCE FOR SECOND READING
TOWNSHIP OF OLD BRIDGE
Ordinance No. 37-02
AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AMENDING SECTION 5-13 OF THE CODE OF
THE TOWNSHIP OF OLD BRIDGE GOVERNING TOWING AND WRECKERS
BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows:
SECTION 1: PURPOSE
The purpose of |