OLD BRIDGE TOWNSHIP COUNCIL
AGENDA MEETING
December 1, 2003
An Agenda Meeting of the Township Council of the Township of Old Bridge was held on Monday, December 1, 2003 in the Municipal Complex. The meeting was called to order at 8:00 p.m. by President Butler who invited all present to participate in a salute to the flag which was followed by a short prayer.
Deputy Clerk Ward announced that the meeting was being held in conformance with the Open Public Meetings Act and was published in the newspaper. Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, President Butler. Councilwoman Panos was absent.
PRESENTATION
Appointment of Robert Volkert to Township Council
Resolution No. 593
BE IT RESOLVED, by the Township Council of the Township of Old Bridge
WHEREAS, Councilman Joseph G. Hoff passed away on November 16, 2003; and
WHEREAS, a vacancy in Ward I council seat on the governing body exists; and
WHEREAS, in accordance with N.J.S.A. 40A:16-5(b), the vacancy shall be filled at the next general election; and
WHEREAS, the Township Council may fill the vacancy temporarily by appointment.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that Robert Volkert is hereby appointed to fill the vacancy for Ward I council seat until the general election to be held on November 2, 2004.
Moved by Councilman Testino, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, President Butler.
NAYS: None.
ABSENT: Councilwoman Panos.
Prior to the roll call vote the following discussion took place:
Councilman Testino: It will be my honor to nominate to the Council from the list that we received, the name of Robert Volkert to fill the unexpired term of the seat recently vacated by the death of Joseph Hoff. I would like to say a few words on behalf of Mr. Volkert. I have watched him for many years. We did receive the list of persons proposed by the County Committee, Robert Volkert’s name is on that list. I had the great pleasure over my residency in Old Bridge of knowing the Volkert family and seeing him serve in many capacities in the Township. I don’t need to see his resume, because I know he handed it to the Clerk today. He has served on the school board and many volunteer committees and he is in the heart of Ward 1. He has been a resident for over 40 years and I think that he will bring the same dedication and commitment that Joseph Hoff had to the Ward, and if Joseph Hoff is now looking down upon us, he would be glad to know that Bob Volkert is the person to fill his seat. I know that for a fact because Mr. Hoff called me to his side before he passed and he would like to have nominated Bob himself, but he was not able to be here, and the great Joe Hoff has picked a great man to fill his vacancy. I would say that you cannot ask for better people than Bob Volkert and his family from Laurence Harbor.
President Butler: I was told that, according to the process, I have to read the other names of the individuals, Robert Volkert was one name, Eleanor Holden, Teresa Settlecowski were the other two names.
Councilman Greene: I would also like to comment that a very short time before Councilman Hoff passed away I spoke with him and he requested that I support his choice for Ward 1 Councilman, which is Bob Volkert. I respected Mr. Hoff while I served with him on this Council and I am pleased and glad that I can vote yes on his request to support Bob Volkert for Ward 1 Council.
Councilman Calogera: I would like to add to that. I have known the Volkert's for a long time. Bob is a man of integrity and I think that he will make a great addition up here and we welcome him and he has my vote.
Councilman Redmond: I also spoke to Mr. Hoff the day before he passed and he indicated to me that he would like me to support Bob Volkert. I did not need to be asked because I have known Bob for a number of years and I would certainly support him and he has my vote. I worked with him when he was on the Board of Education and I have served on committees there and I know him to be a man of integrity and I think he will fill this seat very well.
Following the roll call vote Deputy Clerk Ward administered the Oath of Office to Councilman Volkert for Ward 1.
Budget Introduction - (December 8, 2003)
Councilman Redmond: This is for the budget amendments correct? Are the amendments in our packet and is there any chance we can have the amendments in advance?
Natasha Turchan: You will have them before the next meeting.
Guest – 12/08/03
The Sheehan Consulting Group – (RE: LDO 2003 Zoning Map)
Presentations - 12/08/03
Sayrewood South Little League – District Champs (13 year old division)
Paul De Palma – United Soccer Academy International
Councilman Baker: I would like to remove Mr. De Palma’s presentation for Monday night. I think one presentation is enough and I would ask the Clerk to put Mr. De Palma on the next agenda.
Approval of Minutes
Regular Meeting – October 27, 2003
Hearing (tonight – 12/1/03)
H-1 Release/Reduction Performance Guarantee – Park’s Edge Block 3230 Lot 15 Application #62-98Z (Postponed until January 12, 2004)
Hearing – 12/08/03
H-1 Release/Reduction Performance Guarantee Cedar Ridge/Woodland Trails (Postponed until March 15, 2004)
Ordinance for Second Reading
Ord. #55-03 Vacation of Paper Street (Old Road to Englishtown Rd.)
Ordinance for First Reading
ORDINANCE NO. 56-03
ORDINANCE VACATION PORTION OF TICETOWN ROAD
WHEREAS, the Township Engineer has evaluated a request for the vacation of an unimproved portion of Ticetown Road which is within the Southwood Development of Crystal Homes, Inc. and
WHEREAS, this portion of Ticetown Road, which is depicted on a survey of Block 17007, Lot 2, is no longer needed for use as a public roadway;
NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Old Bridge, that:
SECTION 1: PURPOSE
The purpose of this Ordinance is to vacate an unimproved portion of the Ticetown Road right of way which is no longer needed for public use by the Township of Old Bridge.
SECTION 2: ORDINANCE
The Township of Old Bridge hereby vacates a portion of Ticetown Road as depicted on a survey of Block 17007, Lot 2 and more fully described in the document entitled “Exhibit A” attached hereto. The Township of Old Bridge expressly reserves all rights and privileges now possessed by public or private utilities to maintain, repair and replace their existing facilities in, adjacent to, over or under the roadway being vacated including but not limited to gas, water, cable, telephone, electric, sanitary sewers, and any appurtenances and rights of ingress and egress relating thereto.
The consequence of this vacation shall be that title to the parcel described in “Exhibit A” shall transfer to several of the owners within the Southwood Development along that portion of the roadway to be vacated. The use of this additional land shall be limited to accessory uses appurtenant to the existing primary use of the property and shall not be credited for additional density in the event of a future subdivision.
Within sixty (60) days of the effective date of this Ordinance a certified copy of this Ordinance together with proof of publication and copies of all exhibits shall be filed with the Clerk of Middlesex County for recording.
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 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 at 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 Greene, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, President Butler
NAYS: None.
ABSENT: Councilman Maher, Councilwoman Panos
Ordinance for First Reading
ORDINANCE NO. 57-03
ORDINANCE VACATING PORTION OF BROOK STREET
WHEREAS, the Township Engineer has evaluated a request for the vacation of an unimproved portion of Brook Street; and
WHEREAS, this portion of Brook Street, which is depicted on the Tax Map of the Township of Old Bridge, is no longer needed for use as a public roadway;
NOW, THEREFORE, 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 this Ordinance is to vacate an unimproved portion of the Brook Street right of way which is no longer needed for public use by the Township of Old Bridge.
SECTION 2: ORDINANCE
The Township of Old Bridge hereby vacates a portion of Brook Street as depicted on the Tax Map of the Township of Old Bridge and more fully described in the document entitled “Schedule A” attached hereto. The Township of Old Bridge expressly reserves all rights and privileges now possessed by public or private utilities to maintain, repair and replace their existing facilities in, adjacent to, over or under the roadway being vacated including but not limited to gas, water, cable, telephone, electric sewers, and any appurtenances and rights of ingress or egress relating thereto.
The consequence of this vacation shall be that title to the parcel described in “Exhibit A” shall transfer to several of the homeowners along that portion of the roadway to be vacated. The use of this additional land shall be limited to accessory uses appurtenant to the existing primary use of the property and shall not be credited for additional density in the event of a future subdivision.
Within sixty (60) days of the effective date of this Ordinance a certified copy of this Ordinance together with proof of publication and copies of all exhibits shall be filed with the Clerk of Middlesex County for recording.
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 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 at 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 Greene, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, President Butler
NAYS: None.
ABSENT: Councilman Maher, Councilwoman Panos
Consent Agenda
C-1 Bingo/Raffle
BA25-04 Jewish Community Center – Cong. Beth Ohr
BA26-04 Jewish Community Center – Cong. Beth Ohr
RA27-04 Combined Society of St. Ambrose
BA28-04 Combined Society of St. Ambrose
BA29-04 Combined Society of St. Ambrose
BA30-04 Combined Society of St. Ambrose
Discussion Resolution
DR-1 Memorialize Release Performance Guarantee – Commerce Bank (Blk. 9000 Lot 44-11)
Move-up
DR-2 Interlocal Agreement with Middlesex County for document storage
Move-up
DR-3 Resolution authorizing Release of Performance Guarantee for Kaplan & Kalian Bonds for Oakwoode Development
Councilman Redmond: This one was a nightmare, there were streets, grading problems, soil that had to be hauled away, we had to take these people to court, and you are now saying that this is all done?
John Vincenti: No, I am telling you that this is part of the settlement. As you may recall a settlement was entered into with K. Hovnanian as part of the planning board application. K. Hovnanian has become the entity that is now going to do this work and they have posted replacement bonds for all of the work with exception of some disputed sump pump under drains.
Councilman Redmond: In other words, we are giving Kaplan back their bonds, but they are being replaced by Hovnanian bonds?
John Vincenti: They have already been replaced by Hovnanian bonds.
Councilman Redmond: Has any of the work been done?
John Vincenti: Yes, a lot of the major work has been done. The paving of Trans Old Bridge; the paving of Raven and Nathan have been done. The problem of soil erosion behind the homes on Morris has been done.
Councilman Redmond: Does the homeowners association know this and are they going to sign off on it?
John Vincenti: I don’t believe they are party to the litigation.
Move-up
DR-4 Resolution supporting drainage improvements at Rt. 9 and Jake Brown Road to mitigate flooding. Project to be constructed by NJDOT
Move-up
DR-5 Award of Contract #13-03 Construction of Logan’s Lake Dam to Pioneer General Contracting Co., in the amount of $159,820.00
Move-up
Councilman Redmond: I saw a memo from the DEP that said that the plan for this repair was not acceptable, has that been resolved?
John Vincenti: Last week we got the DEP Wetlands Permits for the dam, the memo you are referring to was issued about two months ago by the Bureau of Dam Safety. All of those items have been resolved to DEP’s satisfaction and I have gotten verbal confirmation that they are going to issue the Dam Safety Permit. Those are the eight items that were covered in that memo. The revised plans were issued which addressed the listed items and the biggest issue you had was that the flood plan was on residential properties, that is not the case.
Councilman Redmond: We are going to go ahead and award the contract without written approval from the Bureau of Dam Safety, is that a good idea?
John Vincenti: Under normal circumstances I would not recommend it, but we are getting to the end of the year and we have to award the contract. We do have the other DEP permit and they would not have issued it if there were any major problems.
Councilman Calogera: What is the possibility of issuing it contingent upon getting the approval?
John Vincenti: It has always been contingent upon approval.
DR-6 Resolution calling for an amendment to the State’s Budget to include a Property tax relief for qualifying senior citizens
Move-up
DR-7 Temporary Budget Appropriations for Fiscal Year 2004 – Current Budget in the amount of $1,000,000.00
Temporary Emergency Budget
Resolution #594
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, that:
WHEREAS, there will be a delay in the adoption of the 2004 Township of Old Bridge, County of Middlesex, New Jersey Local Municipal Budget; and
WHEREAS, if additional funds are not budgeted for the following, the public welfare will be adversely affected.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that in accordance with N.J.S.A.40A:4-20, an emergency temporary appropriation be and same is hereby made for the amount of $1,000,000.00 and that said emergency temporary appropriation shall be provided in full in the 2004 budget (see attached)
CURRENT BUDGET
Other Expenses $1,000,000.00
TOTAL $1,000,000.00
Moved by Councilman Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, President Butler
NAYS: None.
ABSENT: Councilwoman Panos
Prior to the roll call vote the following discussion took place:
President Butler: Natasha could you give us an overview of this?
Natasha Turchan: Last week you voted on a temporary budget and we did not put in any line items for insurance and now we are short and we need this action tonight.
President Butler: This appropriation will take us through to when we finally approve the budget.
Councilman Greene: I just wanted to mention that the $1,000,000.00 was on the total line and not next to the insurance and that is why I questioned it.
Natasha Turchan: It is for the health insurance.
Councilman Testino: I know that Mr. Maher asked that we freeze everything until we got the budget introduced and I just wanted to know if that was being followed through with these temporary budgets and hiring. I know that you said you were going to give us more information next Monday, but I am hesitant to continue to approve temporary budgets without knowing what the forecast is.
Himanshu Shah: I think we are in compliance and you are getting regular reports and I don’t think that we have done any hiring since the freeze was put in place. In terms of this particular item, the insurance, unfortunately we have monthly payments and this is the only way we can accomplish some of those mandatory expenses. Councilman Maher and I spoke last week and we will be meeting this week and proposing amendments next week.
Councilman Redmond: Can we get the amendments before next Monday’s meeting?
Himanshu Shah: Yes.
President Butler: We will take a ten minute recess before we begin our Executive Session. (Meeting adjourned at 8:30 p.m.)
Meeting reconvened at 8:40 p.m.
Executive Session
Resolution #595
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex that;
the public be excluded from this meeting pursuant to NJSA 10:4-13 for the discussion of the following matter or matters:
Status of Labor Negotiations
BE IT FURTHER RESOLVED that this meeting shall reconvene in public session in 10 minutes 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 Testino, seconded by Councilman Redmond and so moved on the following roll call vote:
AYES: Councilmen Calogera, Greene, Redmond, Testino, President Butler
NAYS: Councilman Baker
ABSENT: Councilwoman Panos. Councilman Maher
Regular Meeting reconvened at 9:14 p.m.
Motion
Motion to adjourn at 9:15 p.m. made by Councilman Baker, seconded by Councilman Testino and so moved on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, President Butler
NAYS: None
ABSENT: Councilman Maher, Councilwoman Panos
______________________________
President Reginald Butler
_______________________________
Rose-Marie Saracino, Township Clerk
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