OLD BRIDGE TOWNSHIP COUNCIL
AGENDA MEETING
February 3, 2003
An Agenda Meeting of the Township Council of the Township of Old Bridge was held on Monday evening February 3, 2003 in the Municipal Complex. The meeting was called to order by President Butler at 6:30 p.m. who asked all present to participate in a salute to the flag which was followed by a short prayer.
Deputy Clerk Ward announced that this meeting was 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.
Roll Call by Deputy Clerk Ward showed the following answering present: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, President Butler. (Councilwoman Panos and Councilman Testino arrived late).
Resolution No. 89
BE IT RESOLVED by the Township council of the Township of Old Bridge that the public shall be excluded from this meeting pursuant to N.J.S.A 10:4-13 for the discussion of the following matter or matters:
Discussion of Sommers Litigation
BE IT FURTHER RESOLVED, that this meeting shall reconvene in public session in 1 ½ hours and that the minutes or other record of these discussions shall be available to be disclosed to the public in sixty (60) months unless a sooner date is determined by vote of the governing body at a public session.
Moved by Councilman Hoff, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, President Butler.
NAYS: None.
ABSENT: Councilwoman Panos, Councilman Testino
Agenda Meeting adjourned at 6:35 p.m.; to resume when Executive Session completed.
Agenda Meeting resumed at: 8:15 p.m. President Butler called the meeting to order and asked all present to participate in a salute to the flag, followed by a short prayer.
Councilman Testino asked all present to remember the seven astronauts who were killed on board Columbia this past weekend and also to remember a fellow co-worker, Steve Thompkins who also died suddenly this weekend.
Deputy Clerk Ward announced that this meeting was 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.
Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Baker, Greene, Maher, Redmond, Testino, President Butler. Councilman Calogera, Hoff and Councilwoman Panos were absent from the podium.
PROCLAMATION - 2/10/03
Congenital Heart Defect Awareness
Councilman Redmond: I have a copy of some of the new proclamations that I can supply to the Mayor if she wishes. I also have one from the Governor that I will be reading.
HEARINGS
H-1 Release/Reduction Performance Guarantee - Somerset Tire Service, Inc.
Motion
Motion to release performance guarantee subject to the posting of a 15% maintenance bond for two year period made by Councilman Maher, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Greene, Hoff, Maher, Redmond, Testino, President Butler
NAYS: None.
ABSENT PODIUM: Councilman Calogera, Councilwoman Panos
Prior to the vote the following discussion took place.
John Vincenti: Our recommendation is the release of bonds totaling $89,305.00. This is the STS site directly across from Oasis Ford. All the improvements have been installed in accordance with the site plan and inspections are satisfactory. We recommend the release subject to posting maintenance bond for two year period
Attorney Heilbrunn: I have seen the engineers report and I concur with his recommendation.
President Butler opened the discussion to the public. Seeing no hands, President Butler called the public portion.
H-2 Release/Reduction Performance Guarantee - Industrial Realty, L.L.C.
Motion
Motion to table to February 10, 2003 meeting pending legal representation for Industrial Realty, L.L.C., made by Councilman Redmond, seconded by Councilman Greene and so moved on the following vote:
AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, President Butler
NAYS: Councilman Hoff
ABSENT PODIUM: Councilwoman Panos
Prior to the roll call vote the following discussion took place:
John Vincenti: This site is located on Industrial Drive in Ward 1, off of Rt. 35.
Again, it was associated with Planning Board Application, we have performed our inspection, everything is completed to our satisfaction and currently holding a total bond in excess of $129,000. We are recommending a performance bond release subject to the developer posting a two year maintenance bond for 15% of the original performance guarantee.
President Butler: Do we have anyone here from Industrial Realty? I would like to open this to the public. Seeing no hands, I close the public portion.
Councilman Redmond: I thought in the past that we always required that corporations had representation at these hearings am I correct?
Clerk Saracino: Yes.
Councilman Redmond: I think we should table this until such time as they come down here before the Council.
John Vincenti: You have a question from the Clerk, are we going to table this to a specific meeting which I would recommend?
President Butler: Is Monday night good? Hearing no objection we will hear this on Monday, February 10th.
John Vincenti: We will reach out to the attorney to make sure that he is present.
ORDINANCE FOR SECOND READING
ORD. #04-03 Bond Ordinance - Amending 04-01 to $18,550,000.00 regarding Cedar Ridge II/Woodland Trails
No Discussion
DISCUSSION ORDINANCE
DO-1 An ordinance scheduling public speaking at all council meetings.
Councilman Testino: I don't think there is any reason to have the meeting time scheduled in there by ordinance, I'll vote against it.
Councilman Baker: I would like to comment on that. If the sole purpose is to have the meetings at 8:00 p.m. so that the public can be here at 7:30 p.m., then perhaps we should have the meetings at 10:00 a.m. on Saturday morning so commuters can attend. So if the purpose is to have the public available, then have them Saturday, because it does not make any sense to move it to 8:00 p.m. to get the public here from Manhattan. I have worked in Manhattan for 20 years and I never had a problem getting home by 8:00 p.m. I recommend that we stay with the 7:30 time and take Mr. Greene's motion as put together.
Councilwoman Panos: I disagree, but Bill is the Saturday morning an amendment you would like to make?
Councilman Baker: It was a comment.
Councilwoman Panos: I still say that some of the meetings should be at 8:00 p.m. because at the 7:30 p.m. meetings you have to be here by 7:15 p.m. to sign in if you want to speak.
President Butler: If I recall the 7:30 p.m. meetings were not agreeable to some council people and that is why we switched.
Councilman Baker: Mr. Butler, the essence of this ordinance is not the time start of the meeting, but rather to address the public's right to speak at every meeting and it also addresses their time frame for speaking and the enforcement of that. So, whether we start the meetings at 7:00 p.m., 8:00 p.m. or 9:00 p.m., the emphasis on this ordinance is that people get to speak for 3 minutes and that they stop at 3 minutes.
Councilman Testino: I agree with that and I have no problem with that, but when you start adding other things that is when you get compromise votes. If you take the start time out, I will have no problem voting on the ordinance.
Move-up
DO-2 Amend Ordinance #23-00 - Inspection fees
Councilman Redmond: Do we have the back-up on this? It is where they wanted to charge a premium for not giving enough notice?
Councilman Testino: Another ordinance I won't vote for.
Move-up
DO-3 An Ordinance authorizing land swap between Township of Old Bridge and OBMUA
Attorney Ruggierio: Apparently many people in our official family believe it is a better situation if we can take the water tower proposed to be erected by the MUA on property in the vicinity of the EDC lands and move it so it gives more utility to our lands. Unfortunately, this has to be done immediately because the MUA is ready to go on this and they don't want to experience any allegations that they delayed the developer and lose some leverage with the developer. We prepared the ordinance and Mr. Vincenti put in the metes and bounds descriptions of the two properties to be exchanged.
John Vincenti: I have had two meetings with the MUA and we will be prepared to fill in all the blanks on Monday.
Councilman Calogera: What property?
John Vincenti: There is a 4.6 acre parcel that the Utilities owns on Marlboro Road in the middle of the O&Y development tract. We are going to include that land in our redevelopment area and swap lands on the other westerly side of Marlboro Road, approximately ½ mile of Texas Road.
Move-up
CONSENT AGENDA
C-1 Bingo/Raffle - RA42-03 Old Bridge Elks, RA43-03 Easter Seal Society
C-2 Parade for Madison Park Little League - Saturday, April 26, 2003 (assembles At Madison Park School - 9:00 am - Parade starts at 9:30 am)
C-3 Parade for Sayrewood South Little League - Saturday, April 12, 2003 at 10:30 am
C-4 Permission to hand banner on Utility Poles for a Cut-A-Thon - Salon 527 (Englishtown Road) on Sunday, February 23, 2003 - Leukemia Society
Move-up
DISCUSSION RESOLUTION
DR-1 Family Day - Raritan Bay Medical Center - Saturday, June 7, 2003
Move-up
DR-2 Award of Professional Services Contract in the amount of "Not to Exceed $2500.00 to Linda Wills for CDBG Annual Action Play FY 2003 (CERT. #1112) (AFFIRM ACT)
Move-up
DR-3 Acceptance of resignation of Sabry Abdel-Malak member of Rent Stabilization
Move-up
DR-4 Resolution designation a NJ Transit Bus Stop at Rt. 527 & Mapleton Road (E/W)
Move-up
DR-5 Rescind Resolution #28 Memorializing reduction of performance guarantee for
Orchard Hill - (Incorrect wording in resolution)
Move-up
DR-6 Memorialize Reduction of Performance Guarantee - Orchard Hill
Move-up
DR-7 Resolution designating Pulaski Savings Bank & Kearny Federal Savings as Depositories.
Councilman Testino: There is an award that Pulaski Savings Bank is going for because they built a branch. I wrote a letter of recommendation for their branch, but I would like to see a Council resolution to New Jersey Business and Industrial Association recommending them for the "New Good Neighbor Award" that they are eligible for. I think it would help them to get this award if the Council expressed support.
Move-up
DR-8 ACTION - 2/3/03 Resolution memorializing denial of liquor license to Breakfast Club 80, LLC and adopting findings of Fact Related Thereto:
Resolution No. 90
RESOLUTION MEMORIALIZING DENIAL OF PERSON TO PERSON TRANSFER OF LIQUOR LICENSE TO PROPOSED TRANSFEREE BREAKFAST CLUB 80, L.L.C. AND ADOPTING FINDINGS OF FACT RELATED THERETO
WHEREAS, the Township Council of the Township of Old Bridge has received the application of Breakfast Club 80, L.L.C. to transfer a certain plenary retail consumption license (#1209-33-025-003) to it pursuant to those provisions of statute and regulation allowing person to person transfer; and
WHEREAS, the Township Council finds that the proposed transfer (and/or its principal) is of insufficient character so as to permit transfer; and
WHEREAS, the Township Council further finds and concludes that the proposed transferee's physical modification of the licensed premises and the statements and attitudes expressed during the proceedings before the Township Council evidence an intent to operate a high intensity club type use which would be inconsistent with the neighborhood; and
WHEREAS, the Township Council believes that the proposed transfer has been deceptive; and
WHEREAS, the findings and determination of the Township Council should be memorialized.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:
- The application of Breakfast Club 80, L.L.C. To transfer plenary retail consumption license No. 1209-33-025-003 be and hereby is denied based upon the following findings:
- The Township Council does hereby find and declare that the proposed transferee, Breakfast Club 80, L.L.C., is of insufficient good character and reputation to warrant licensing based upon the proposed transferee's commencement of physical alterations and modification to the proposed licensed premises without permits and legal authority.
- The Township Council does hereby find that the proposed transferee has evidenced an intent to establish an undesirable high intensity club type use at the proposed licensed premises. Further, the Township Council concludes, based upon the statements, demeanor and attitudes of the proposed transferee before the Township Council that the said proposed transferee did attempt to hide its intent and deceive the Township Council regarding same.
- The Township Clerk shall forthwith forward a true and certified copy of this Resolution to the Director of the New Jersey Division of Alcoholic Beverage Control, the applicant for transfer and its attorneys, Segreto, Bruins & Segreto, 565 High Mountain Road, North Haledon, New Jersey 07508.
Moved by Councilman Redmond, seconded by Councilman Panos and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler
NAYS: None.
President Butler opened this matter to the public. Seeing no hands President Butler closed the public portion.
DR-9 ACTION - 2/3/03 Resolution authorizing approval of checks Re: Lambertson Property
RESOLUTION NO. 91
RESOLUTION AUTHORIZING APPROVAL OF CHECK RE: PURCHASE OF LAMBERTSON PROPERTY
WHEREAS, the Township is purchasing the Lambertson property, known as Block 10250, Lot 1.12 and Block 10252, Lot 4; and
WHEREAS, the closing on said property is to occur on February 6, 2003; and
WHEREAS, the Township needs to provide a check at the time of the closing on February 6, 2003 in the amount of $3,5506, 379.80 made payable to United Title & Abstract Agency for the purchase of said property and closing costs.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the check in the amount of $3,506,379.80 is hereby approved.
Moved by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
Prior to the roll call vote the following discussion took place:
President Butler opened this matter to the public. Seeing no hands President Butler closed the public portion.
Councilman Testino: I only see one check, do you have title checks?
Attorney Ruggierio: We have only one check we are turning over to the title company. It is for the closing costs and the amount remaining for the purchase and they will make the proper disbursements.
Move-up
DR-10 Resolution to commence Combined Meeting of Monday, May 19, 20 at 7:00 p.m. RE: Auction on Liquor License.
Councilman Redmond: Do we need a special meeting for the liquor license?
Clerk Saracino: We are going to start the regular meeting ½ hour earlier because you have sealed bids coming in and then we are going to do an auction process right after the opening of the sealed bids. Rather than go into our regular meeting if we moved up to 7:00 p.m. we may be able to get that portion of it done.
DR-11 Award of Professional Services Contract to Environmental Resolutions, Inc. in the amount of $8,000 for PARC Ordinance (CERT. #1113)(Affirm. Act.)
Move-up
APPOINTMENT
Rent Stabilization Board - Tenant
President Butler: We were waiting for a resume from a tenant, he has sent it and he does (Paul Cohen) want to go back on the board so we will act on that Monday.
Move -up
PUBLIC COMMENTS
Anthony Bilicki: I live in Ward 6, South Old Bridge. I believe there is a current problem facing the senior citizens of this township and other residents who are on a fixed income with regard to trash pick-up. Several years ago Mayor Cannon and Mr. Donatelli elected to see that the township cease to collect garbage and offer it to private collectors. The private collectors for a few years held their prices, but recently they have increased their fees. I myself have seen a 25% increase in my fees over the last year and one half. I am on a fixed income, but I can afford to pay it, however, there are others in this township who cannot afford such an increase. I think it behooves the Council to think about this and bring it to the attention of carters. I called and inquired about the increase and I was told it was due to inflation. I wrote a letter to them and received no reply.
President Butler: Can we have Administration look into this?
Alayne Shepler: All of the carters have increased their fees to all of the communities. Like Mr. Bilicki, I am a single person and I put my trash out once a week and it would seem that there should a declining fee schedule. The only carter that gives a senior discount is Bridge. Unfortunately, we do not regulate the carters, they are regulated by outside agency. We cannot force them to either pickup your garbage or offer a reduced rate.
Mr. Bilicki: Bridge Disposal is the carter that is doing my collecting and they are the ones that increased my fees by 25%.
Mayor Cannon: They had indicated to me that if you call them and you are a senior living alone, they will offer a discount, but you have to contact them personally.
Mr. Bilicki: Since the Council was originally responsible, not you, but your predecessors elected to go to private collection, you should offer help. I was told at that time that competition would certainly reduce the cost and it has not. When the township collected, they collected all garbage.
Rocky Donatelli: When we picked up garbage, we picked up everything and we used to go to the landfill. Then we had a compactor in the yard and people in town brought in the garbage and we packed it and put it in trucks and sent it to the landfill. It got to the point that we had even on Saturdays, 200-300 coming in. Then the DEP stopped us from having a transfer station, so we had to discontinue the pickup in the yard, and as far as bulk pickup, sometimes it took us two-three weeks for one ward and we could not keep up. Also, the dumping fees got very expensive and we could not continue that either. As far as us picking up again, the town has gotten so big that we could not keep up with it.
Mr. Bilicki: I agree that you people did a good job, but now the pickup is much less than you had to do because of the recycling process.
Rocky Donatelli: What happens is that we pickup white goods, we do not charge for that, but the rest, like furniture and other things, it would be impossible for us to do it. We pick up anywhere from 150-175 pieces of white goods in one week.
Mr. Bilicki: I think you are agreeing with me that the carters have an easy job. They probably pick up 30-40 pounds per week per household.
Rocky Donatelli: Unfortunately, today the way they pack everything up in plastic, the garbage can gets filled pretty fast.
Mr. Bilicki: I am just asking why the Council cannot raise a question with the carters regarding hardships to people who have a fixed income?
President Butler: I think this gentlemen is saying there should be some kind of correspondence with the public before these carters raise their fees.
Alayne Shepler: We will be happy to correspond with them and we will reach out to all the carters and the Mayor will send them a letter and we will express the concerns indicated here.
Councilwoman Panos: The first letter I ever wrote in this town stated that I was opposed to the private collection of garbage. In the letter we send, can we suggest that maybe a rate for a once a week pickup, along with a notice that if they compost and recycle, could there be a suggestion for a once a week rate?
Mr. Bilicki: I agreed with you at that time.
Mayor Cannon: Yes, we will suggest a once a week pickup rate.
President Butler: Seeing no more hands, President Butler closed the public portion.
Motion
Motion to adjourn at 9:00 p.m. made by Councilman Testino, seconded by Councilman Greene and so moved on the following roll all vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
_______________________________
President Reginald Butler
_______________________________
Rose-Marie Saracino, Township Clerk
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