OLD BRIDGE TOWNSHIP COUNCIL
COMBINED MEETING
December 15, 2003
A combined meeting of the Township Council of the Township of Old Bridge was held on December 15, 2003 at the Municipal Complex. The meeting was called to order at 7:35 p.m. by President Butler who asked all present to participate in a salute to the flag which was followed by a short prayer.
Moment of Silence.
President Butler requested a moment of silence in honor of the men and women serving in Middle East.
Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on January 1, 2004 at 11:30 a.m.
Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Baker, Calogera, Greene, Redmond, Volkert, Councilwoman Panos, President Butler. Councilmen Maher was absent, and Testino arrived late.
RESOLUTION NO. 611
BILL LIST
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 December 15, 2003 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 RESOLED by the Township Council of the Township of Old Bridge that the bill listing of December 15, 2003 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 $7,328,695.87 (Accounts Payable).
Moved by Councilman Baker, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Volkert, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Maher.
Preliminary public comments.
Mr. Nessel (438A Mapleview Drive): What can and will be done about the handicap parking in Mapleview. The snow and ice are hazards. The owner refused to create additional handicap parking spaces.
Councilwoman Panos: There is a handicap parking space where water freezes. Has anyone from the rent board approached Mr. Vincenti?
Mr. Vincenti: We have confirmed that there exists a problem. We have been unable to contact the property owners. Because this a private property issue, we cannot enforce this matter. This is an American with Disabilities issue.
Councilwoman Panos: Who has to address this on-going problem? Does the property owner get fined?
President Butler: Does your office have the ability to fine this development?
Mr. Vincenti: I don't know.
President Butler: I would appreciate your looking into this.
Councilman Redmond: Under state statute handicap parking is required; therefore, there has to be a penalty for not doing so.
Mr. Vincenti: A complaint has to be brought forth by an individual not by the township.
President Butler: It has to be from someone who lives in the development.
Councilwoman Panos: This has to be an issue addressed by the township. Someone has to do something about this.
Ms. Clavering: In response to Mr. Nessel's inquiry, there is a snow removal law that was passed by the state in 1999 which states that the owner or whoever is in charge of the property is required to clear ice, snow, flooding or any other obstructions from the accessible parking spaces.
I did a presentation for the Monday Morning Advocacy Network stating that whoever manages an apartment complex has to contact the police department to tell them that the snow and ice must be cleared from the parking spaces. The landlord must be informed as well.
Special thanks to Mayor Cannon and Alayne Shepler for the wonderful work they have done in the township and to Councilman Reginald Butler for his dedication to the township.
Presentation - United Soccer Academy International - Postponed until 1/12/04.
Council comments.
Councilman Redmond: The owner of the Mapleview Country Living Apartments is not maintaining the handicap parking spot. It is unusable because of ice, snow and flooding. There appears to be a discrepancy as to who takes action. Can we as council act, or can code enforcement deal with this?
Attorney Ruggierio: It seems to be that this is an administration issue that needs to be dealt with as a code enforcement issue. Have there been attempts at compliance? The first attempt should be on the part of the administration to cajole compliance, and if that does not happen, then we would have to research legal remedies.
Councilman Redmond: Please start that process.
Hearing.
1. Town Center release/reduction performance guarantee (Postponed)
2. Adoption of Final Budget.
Mr. Shah: We introduced the budget amendment last week which resulted in a no tax increase for SFY 2004 budget. I provided you the reasons for the amendments. Tonight is the public hearing. You will need to open the amendments for public hearing. Once complete and the amendment is adopted, we can adopt the finally amended budget tonight. We have approval from the state to adopt the budget tonight. Before we go to the public hearing and adoption, I would like to thank my staff for their hard work in preparing the budget. Every year for eleven years we have worked very hard to submit the budget to the council on time.
President Butler opens a public portion for comments on the budget. Seeing no hands President Butler closed the public portion.
Councilman Baker: Is this a zero percent municipal tax increase budget?
Mr. Shah: There is a zero increase.
Councilman Greene: I am pleased with the work the administration did on the budget. It was first presented with a tax increase and I was determined not to support that, but I can certainly support a budget that does not increase taxes. I congratulate Mr. Shah and the administration and everyone who worked to put these adjustments together so that there is a zero tax increase.
Councilman Testino: Mr. Shah, did you say that you received permission from the state to adopt the budget even knowing that we have not bid the liquor license yet?
Mr.Shah: We have alerted the state and have requested that we be allowed to adopt the budget before the year end. I think the state is anxious. We told the state that the sale is to be held on January 13.
Councilman Testino: That is contrary to the position of what we were told a couple of months ago.
Mr. Shah: Technically, they are right that when you have a sale of assets, you need a complete contract before they would allow you to anticipate it in the budget. Under the circumstances and because of the state delays on finally awarding the state aid and because we are halfway in the fiscal year, they felt that they would grant us a waiver. We did get an e-mail stating that we were able to adopt the budget.
Councilman Testino: Do we have a copy of that? We are assured that this is a zero percent increase for municipal taxes?
Mr. Shah: With this budget the municipal tax rate remains at $.73, the same as last year.
Councilman Testino: We accomplished this through increasing revenue items, but there were line items cut at your recommendation which eliminated jobs by not refilling them because of the one-half year problem, correct?
Mr. Shah: We gave you an analysis showing you that about $282,000 reduction in salary was done through attrition. There are no lay offs.
Councilman Testino: And we accomplished out sourcing.
Mr. Shah: The out sourcing was accomplished in the arena concession stand. We received state aid which was one of the reasons why we were able to reduce one cent. When we introduced the budget we indicated that you cannot introduce the budget with a no tax increase. At that time we were looking at a three cent tax increase. Once we realized some of the savings and the reduction in staff that occurred after the start of the fiscal year, we were able to include that.
Councilman Testino: In your opinion the budget that we are about to adopt will provide for the operation of the township throughout the end of the year with essentially the same service level?
Mr. Shah: Each year we anticipate a fixed amount in snow emergency, and we are working to control the overtime. We have anticipated $800,000, but last year the overtime was $1.2 million. Hopefully, we will control overtime costs and we won't need emergency appropriations.
Councilman Testino: Are we handling snow any differently that we have in the past. We have an allotment, and if we go beyond our allotment, we have done emergency appropriations. That is perfectly acceptable, correct? And that is what the state has allowed us to do, and we have done that in the past. Regardless, our operations will go on for snow removal, correct?
Mr. Shah: Correct.
Councilman Testino: As far as you see it the bond rating as we adopt the budget will not change, and the companies have indicated that the ratings will either stay the same or increase, is that correct?
Mr. Shah: The negative rating has been removed. We have provided this budget amendment to the rating agency, and they felt comfortable with our financial positions. We don't see any reason for an adjustment to the bond ratings when we go out for the next bond sale.
Councilman Testino: We met our obligations that we made to the bond companies as they continue an increase in areas that they wanted to see, e.g., the surplus savings.
Mr. Shah: We have increased the level of surplus as they wanted us to do. We do have some more work in that area, but they understand that we cannot accomplish this in one year.
Councilman Testino: There is a slight change in the "Reserve for Uncollected Taxes", and you believe that this is fiscally prudent, and that we should be in a sound position for this tax year?
Mr. Shah: When we last introduced the budget, this is an area that we are always cautious about, and the collection rate is 99.52%. We feel very comfortable in what we anticipate. Our prior history reminds me that over the years as we improved our actual collection rate, the following year we have increased what we anticipated the collection rate would be and thereby reducing the burden on the taxpayer. In November 2002, we anticipated 96.85%. In 2003 we anticipated 97.52%; this year it is 97.92%. At the same time our collection rate has increased, and that is why we are comfortable to recommend this, and we are closely watching that. If there is a need to anticipate downward, we will recommend that to the council.
Councilman Testino: Since July, you have given us a series of memos in which you stated that there may need to be adjustments. Have they been incorporated?
Mr. Shah: Yes, there were several housekeeping as well as several changes increasing . . . for example, we increased the road department; we added some of the variable things that we cover through the budget and the grant related activities. They are all incorporated in the amendment.
Councilman Testino: Have we included the $300,000 in the state aid?
Mr. Shah: Yes.
Councilman Testino: You are recommending that we adopt this budget as proposed with the amendments?
Mr. Shah: That would be my recommendation.
Councilman Testino: Are there any cautions that you have for us as to the outlook for the rest of the budget year?
Mr. Shah: I think that if the status quo of our settlements is coming in line a little higher than what we anticipated, but they are in good standing. Barring any emergency, I think that we are in good shape. We are looking to start preparing for next year in February, and we will have a better idea by then of our status. We are going to have to deal with the coming pension issue. We are going to have to do 40% anticipation versus 20% last year. Those are all things that we are aware of, and they will be incorporated in next year's budget which will hopefully result in the same type of budget presentation next year. We had to work hard to get state aid, and we will continue the way we have this year I appreciate council's support. We always presented either a no increase or a slight increase, and you stood with us and introduced the budget, and we were able to go to the state and ask for aid which we received.
Councilman Testino: Does this budget handle the anticipated medical increase for the contracts that we have to cover? There was some discussion about attempting a tax decrease, and you were recommending against that at this juncture because of the bond ratings and other problems with future revenues, correct?
Mr. Shah: That is correct. As we have promised we have to continue to work on improving our surplus, and we need to be cautious in what we do relating to lowering the tax rate. Over the last ten years the tax rate has been very much in line - in 1993 it was $.76; today it is $.73. I think that we have done a good job, and we should continue on that same tract.
Councilman Testino: Do you think we are as lean and mean as we can be at this time?
Mr. Shah: Yes.
Councilman Testino: I thank the Mayor and the administration for working so hard on the application to the state and Mr. Shah and his staff for working so hard to find the additional monies to meet the goal of the council which was a zero tax increase. I have no problem supporting the budget and moving it for adoption as amended.
Mayor Cannon: I commend Mr. Shah and his staff and the council for working together for being able to effectuate the $.03 reduction; obviously, $.01 from the state aid which we call collectively worked very hard to convince the DCA and Local Finance Board that we were deserving of. We were able to do the efficiencies regarding staffing because of the technology improvements and what has happened in the finance department and other areas where we have been able to reduce the staff through attrition. That is directly attributable to the leadership of Mr. Shah and the other department heads. They deserve a lot of thanks because in these days it is hard to cut when we are so minimal in terms of our staff. It is only through creative ways and working together in trying to provide the same level of service and improve those services with less people.
Councilman Calogera: Looking ahead we have $307,000 from the sale of land which is a one-time income, and we have $215,000 from the sale of a liquor license, and from the DCA we received approximately $300,000 which adds to about $825,000 of one-time income. How does that affect us next year?
Mr. Shah: We always have to be cautious about one-time items in the budget that helps us support a tax levy decrease or keeping us level. You have to keep in mind that while they are one-time, they are meant for those purposes. We have used this year's in this year's budget. I would like to see a one-time revenue to be used against a one-time expense, so that when the year is over, the next year we are in a situation is gone, the expense is gone and we are back to the way we do a normal budget. In the past we have dealt with bigger anomalies than this. I am confident and hopeful that we will be able to handle . . . I think this is the first year that we have the lowest amount - only three items of one-time revenue or less than $1 million.
Councilman Calogera: Besides the $825,000 I would like to know if there is any other one time revenue built into the budget?
Mr. Shah: Those are the three major ones highlighted. The tax appeal is another one, but we are comfortable that in the coming year we have other ways to handle . . .As I indicated earlier we had to work hard to get state aid and to make sure that we get that aid next year.
Councilman Calogera: We are talking about $1 million in one-time income?
Mr. Shah: We are at about $1 million of one-time revenue that we will have to cautiously address next year.
President Butler: I thank Mr. Shah and his staff for the work they have done. I thank the team of people who were involved in the extraordinary aid - our State Senator, Joe Kyrillos, Assemblymen Sam Thompson and Joe Azzolina, the Mayor, Alayne Shepler, Kevin Calogera, and myself. We decided to be proactive and start early with correspondence and interaction with people. That is why we were successful as a team.
Councilman Calogera: We have asked the DCA for another meeting so that we can move forward on next year's application (for aid).
RESOLUTION NO. 612
AUTHORIZING THE ADOPTION OF FY 2003-2004 BUDGET AMENDMENTS
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the local municipal budget for FSY 2003-2004 was introduced on the 11th day of August, 2003; and
WHEREAS, a public hearing was held on December 15, 2003 on the amendments to said introduced budget.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the amendments to the introduced budget of SFY 2004 be made as on file with the Township Clerk.
Moved by Councilman Testino, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker,Calogera, Greene, Redmond, Testino, Volkert, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Maher.
AUTHORIZING ADOPTION OF THE SFY 2003-2004 BUDGET
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
the budget herein before set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of:
(a) $22,086,263.00 (Item 2 below) for municipal purposes, and
(b) $0 (Item 3 below) for school purposes in Type I school Districts only (N.J.S.A. 18A:9-2) to be raised by taxation and
(c) $0 (Item 4 below) to be added to the certificate amount to be raised by taxation for local school purposes in Type II School Districts only (N.J.S.A.18A:9-3) and certification to the County Board of Taxation of the following summary of general revenues and appropriations.
Summary of Revenues
1. General Revenues
Surplus Anticipated 40003-10 $7,345,000.00
Miscellaneous Revenues Anticipated 40004-10 $12,990,721.00
Receipts from Delinquent Taxes 41419-10 $1,385,000.00
2. Amount to be Raised by Taxation for Municipal Purposes (Item 6(a), Sheet 11)
41415-10 $23,086,263.00
3. Amount to be raised by taxation for Schools in Type I School Districts only:
Item 6, Sheet 42 40010-10 $
Item 6(b), Sheet 13 (NJSA 40A:4-14) 41416-10 $
Total amount to be raised by taxation for Schools in Type I School Districts only $
4. To be added to the Certificate for amount to be raised by taxation for schools in Type II School Districts only:
Item 6(b), Sheet 13 (NJSA 40A:4-14) 41416-10
Total Revenues 40000-10 $44,806,984.00
Summary of Appropriations
5. General Appropriations
Within ACAPS@
(a&b) Operations including contingent 24,453,176.00
(e) Deferred charges and statutory expenditures - municipal $1,203,810.00
(f) Judgments 100.00
Excluded from ACAPS@
(a) Operations - total operations excluded from ACAPS@ $9,743,319.00
(c) Capital Improvements 157,500.00
(d) Municipal Debt Service 5,924,086.00
(e) Deferred Charges - Municipal 951,018.00
(n) Transferred to Board of Education for Use of Local Schools
(g) Cash Deficit
(k) For Local District School Purposes
(m) Reserve for Uncollected Taxes (include other reserves if any) 2,373,975.00
6. School appropriations - Type I School Districts Only (NJSA 40A:4-13)
TOTAL APPROPRIATIONS $44,806,984.00
Moved by Councilman Redmond, seconded by Councilman Baker, and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Volkert, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Maher.
Ordinance for Second 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, 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 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 Redmond, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Greene, Redmond, Testino, Volkert, Councilwoman Panos, President Butler.
NAYS: Councilman Calogera.
ABSENT: Councilman Maher.
Prior to the roll call vote President Butler opened a public portion. Seeing no hands President Butler closed the public portion.
Ordinance for Second 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 Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Volkert, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Maher.
Prior to the roll call vote President Butler opened a public portion. Seeing no hands President Butler closed the public portion.
Consent Agenda
RESOLUTION NO. 614
AUTHORIZING CANCELLATION OF CDBG MORTGAGE OF JOSEPH AND DOROTHY SCHWEGLER
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, a Community Block Development Grant (CDBG) Mortgage was entered into by Joseph and Dorothy Schwegler with the Township of Old Bridge for premises known as 17 Owens Road, Old Bridge, New Jersey; and
WHEREAS, the amount of the CDBG Mortgage was in the amount of $4,666.50; and
WHEREAS, the above-named individuals have paid the outstanding amount of the mortgage and are requesting cancellation of said mortgage.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the CDBG Mortgage in the amount of $4,666.50 is hereby cancelled. The Township Council authorizes the Mayor and Township Clerk to execute the discharge documents.
Moved by Councilman Baker, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Volkert, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Maher.
RESOLUTION NO. 615
AUTHORIZING THE EXECUTION OF A NETWORK/INFORMATION TECHNOLOGY ADMINISTRATION SERVICE AGREEMENT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND THE BOROUGH OF SAYREVILLE
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Township Council of the Township of Old Bridge and the Borough Council of the Borough of Sayreville wish to enter into an agreement whereby the Township of Old Bridge will provide network/information technology administration services to the Borough of Sayreville.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:
1. It is hereby authorized that an interlocal service contract to provide network/information technology services be executed with the Borough of Sayreville. Copies of said contract are on file with and open to public inspection at the office of the Clerk of the Township of Old Bridge.
2. The Mayor and the Clerk of the Township of Old Bridge are hereby authorized to execute said contract.
This resolution shall take effect after passage and publication as provided by law.
Moved by Councilman Baker, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Volkert, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Maher.
RESOLUTION NO. 616
AUTHORIZING THE CANCELLATON OF OUTSTANDING CURRENT FUND, PAYROLL ACCOUNT AND REGULAR TRUST FUND CHECKS TOTALING $856.18
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, there are certain Current Fund Account, Payroll Account and Regular Trust Fund checks that have remained outstanding in excess of one (1) year; and
WHEREAS, it is necessary to formally cancel the outstanding checks listed below:
OUTSTANDING CHECKS - CURRENT FUND
DATE CHECK ISSUED NO. AMOUNT VENDOR
07/12/02 8587 94.62 Cops in the Schools Training
07/23/02 605489 137.00 Opus Abstract
09/10/02 605886 128.59 Judy Ann Chung
10/14/02 606327 100.00 Magloclen
10/28/02 60521 15.00 Frances Katz
12/17/02 607294 10.00 Dr. Andrew Jaworski
$485.21
OUTSTANDING CHECKS - PAYROLL ACCOUNT
DATE CHECK ISSUED NO. AMOUNT VENDOR
07/2002 102984 4.74 Daniel Brennan
07/2002 103254 202.99 Gary Latimer
$207.73
OUTSTANDING CHECKS - REGULAR TRUST FUND
DATE CHECK ISSUED NO. AMOUNT VENDOR
07/08/02 3047 163.24 Rainforest Café
$163.24
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the above listed outstanding checks totaling $856.18 be canceled.
Moved by Councilman Baker, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Volkert, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Maher.
RESOLUTION NO. 617
AWARDING CONTRACT NO. 03-08 TO PIONEER GENERAL CONTRACTING COMPANY, INC. FOR THROCKMORTON LANE IMPROVEMENTS (PHASE 3)
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Township of Old Bridge advertised and received bids for Contract No. 03-08 for Throckmorton Lane improvements (Phase 3); and
WHEREAS, bids were received and opened on December 4, 2003; and
WHEREAS, the Township Engineer has recommended that a contract be awarded to Pioneer General Contracting Company, Inc., located at 127 William Street, South River, NJ 08862; and
WHEREAS, this is a state aided project and the Township Council's action for awarding the contract will be subject to NJDOT approval.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:
1. Pioneer General Contracting is hereby awarded a contract in the amount of $208,462.00 for Throckmorton Lane improvements (phase 3).
2. The award of the contract is contingent upon the issuance of a certification of funds No. 1190 certifying the existence of a sufficient appropriation to fund the said contract.
3. The Mayor and the Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.
The resolution is conditioned upon the following:
A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
B. Issuance of a Certificate of Availability of Funds as aforesaid.
C. Compliance by the vendor with signing the mandatory affirmative action language required by law.
D. Compliance by the vendor with signing the mandatory affirmative action language required by law.
No contract shall be considered awarded unless and until the above requirements are executed.
Moved by Councilman Baker, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Volkert, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Maher.
RESOLUTION NO. 618
AUTHORIZING THE APPOINTMENT OF GLEN KURTZ, RISK MANAGEMENT CONSULTANT
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Township of Old Bridge requires the services of a professional risk management consulting firm; and
WHEREAS, Glen Kurtz is a licensed Risk Manager of the Governmental Risk Management Associates whose firm is recognized as capable and available to undertake such work; and
WHEREAS, the Township Council wishes to authorize the appointment of Glen Kurtz, Risk Manager, for his professional consulting services.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows:
1. A contract for professional services is authorized to be entered into with Glen Kurtz as Risk Management Consultant, located at 231 Main Street, CN 2017, Toms River, NJ 08754.
2. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.
This resolution is conditioned upon the following:
A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
B. Issuance of a Certificate of Availability of Funds as aforesaid.
C. Compliance by the vendor with signing the mandatory affirmative action language required by law.
D. Compliance by the vendor with filing of Affirmative Action Form AA302 or A201, or otherwise complying with affirmative action employee information reporting.
No contract shall be considered awarded unless and until the above requirements are executed.
Moved by Councilman Baker, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Volkert, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Maher.
RESOLUTION NO. 619
AUTHORIZING CONTRACT FOR PROFESSIONAL SERVICES WITH GIS, CIVIL SOLUTIONS
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Township of Old Bridge requires professional services associated with the Township's continued effort to implement working GIS services; and
WHEREAS, GIS Civil Solutions is licensed in New Jersey and is recognized as capable and available to undertake such work; and
WHEREAS, the Township Council wishes to authorize a contract with GIS Civil Solutions located at 50 S. White Horse Pike, Hammonton, New Jersey as follows:
1. A contract for professional services is authorized to be entered into with GIS Civil Solutions in the amount of $36,840.00 based on state contract pricing.
2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1191 certifying the existence of a sufficient appropriation to fund the said contract.
3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.
This resolution is conditioned upon the following:
A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
B. Issuance of a Certificate of Availability of Funds as aforesaid.
C. Compliance by the vendor with signing the mandatory affirmative action language required by law.
D. Compliance by the vendor with filing of Affirmative Action Form AA302 or A201, or otherwise complying with affirmative action employee information reporting.
No contract shall be considered awarded unless and until the above requirements are executed.
Moved by Councilman Baker, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Volkert, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Maher.
Prior to the roll call vote President Butler opened a public portion. Seeing no hands President Butler closed the public portion.
RESOLUTION NO. 620
AUTHORIZING PAYOUT OF ACCUMULATED TIME TO RICHARD BORST
WHEREAS, the Township Council of the Township of Old Bridge has a policy which requires the Township Council's authorization to any put out of accumulated time $5,000 or greater to be authorized by resolution; and
WHEREAS, due to his death Richard Borst is entitled to a pay out of his accumulated time; and
WHEREAS, the Township Council wishes to authorize such pay out.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that a lump sum pay out of accumulated time is hereby authorized to be paid to Richard Borst in the amount of $17,566.40.
Sick (175.10) $16,364.28
Vacation (5) 1,118.25
Compensatory Time (3) 83.87
Total $17,566.40
Moved by Councilman Baker, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Volkert, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Maher.
RESOLUTION NO. 621
AUTHORIZING CHANGE ORDER NO. 1 TO CONTRACT NO. 03-10 2003-2004 ROAD RESURFACING PROJECT
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Township Council of the Township of Old Bridge previously authorized Contract No. 03-10 with the firm of Intercounty Paving Associates for the 2003-2004 road resurfacing project; and
WHEREAS, Intercounty Paving Associates has requested Change Order No. 1 to increase the amount of the contract due to changes in the contract quantities and extra work.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Change Order No. 1 is hereby authorized as set forth on the attached Change Order.
BE IT FURTHER RESOLVED that the modified cost of services after this Change Order is as follows:
ORIGINAL CONTRACT …………………………$734,477.90
CHANGE ORDER NO. 1 …………………………$+68,000.00
NEW TOTAL AUTHORIZED ……………………$802,77.90
TOTAL AMOUNT OF CHANGE ORDER ……….$68,000.00
BE IT FURTHER RESOLVED that the Mayor and Clerk of the Township of Old Bridge are here by authorized to execute such written contract documents as may be approved in form by the Township Attorney.
Moved by Councilman Baker, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Volkert, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Maher.
Prior to the roll call vote the following discussion took place.
Councilman Redmond: Please explain the nature of the change order.
Mr. Vincenti: This is the yearly pavement overlay. The bids were under what was bonded and under the engineer's estimate. We added additional locations at these lower prices.
Councilman Calogera: In the future please list the additional work and the amounts.
RESOLUTION NO. 622
AUTHORIZING AN AWARD UNDER STATE CONTRACT FOR THE UPGRADE OF POLICE DISPATCH COMPUTER SOFTWARE TO Q.E.D - $69,471
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Township of Old Bridge wishes to upgrade the police department's dispatch computer system; and
WHEREAS, Q.E.D. has the State Contract No. A68403 for the upgrade and maintenance of this computer system.
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey hereby agrees to enter into a contract with Q.E.D. to purchase and maintain such a computer system at a cost totaling $69,471.
BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign all documents to effectuate this resolution. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.
Moved by Councilman Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Volkert, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Maher.
Prior to the roll call vote the following discussion took place.
Councilman Redmond: Was this competitive bidding?
Ms. Shepler. No, this is under state contract; however, the law requires that if the amount is over $25,000, the council must pass a resolution authorizing that purchase. We are not required to bid because this is an upgrade to existing system in the police department and is on the recommendation of Messrs. Shah and Sommers.
Liquor License.
RESOLUTION NO. 623
AUTHORIZING PERSON TO PERSON AND PLACE TO PLACE TRANSFER OF PLENARY RETAIL CONSUMPTION LICENSE NO. 1209-33-034-006 NEW JERSEY RESTAURANT SERVICES, INC. TO WILLIAM F. CERRA, JR.
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, an application has been filed for a person to person and place-to-place transfer of Plenary Retail Consumption Liquor License No.1209-33-034-006 , to William F. Cerra, Jr. (inactive) heretofore issued to New Jersey Restaurant Services, Inc. 291A Texas Road, Morganville, New Jersey (inactive), Old Bridge Township, New Jersey.
WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term;
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge does hereby approve, effective December 15, 2003 , the person-to-person and place- to-place transfer of the aforesaid Plenary Retail Consumption Licensed premises from NEW JERSEY RESTAURANT SERVICES, INC. at its former location of 291A Texas Road, Morganville, New Jersey (inactive) to an inactive status to WILLIAM F. CERRA, JR., 429 SPRING VALLEY ROAD, OLD BRIDGE, NEW JERSEY.
Moved by Councilman Baker, seconded by President Butler and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Volkert, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Maher.
Prior to the roll call vote the following discussion took place.
Councilman Calogera: I have asked that the Clerk provide us with some information with background on these licenses stating that the investigation has been completed, etc. We have these transfer requests placed on the agenda, and we are asked to vote on them. We should be supplied with information on which we can base a vote on. There needs to be form that shows us information about these licenses.
Councilwoman Panos: I would like the address of the premises.
Deputy Clerk Ward: This license in inactive.
Councilwoman Panos: You don't need to know where the license is?
Deputy Clerk Ward. It is an inactive license.
Councilwoman Panos: Distinguish why we don't need to know where it is. Please explain this to me.
Deputy Clerk Ward: It is what they call a pocket license. It is not going to be put any place just yet.
Councilwoman Panos: It is not going to be open?
Deputy Clerk Ward: Not just yet.
Councilwoman Panos: But when it does (open), we will know where it is?
Deputy Clerk Ward: Yes.
Liquor License
RESOLUTION NO. 624
AUTHORIZING A PERSON TO PERSON TRANSER OF PLENARY RETAIL CONSUMPTION LIQUOR LICENSE NO. 1209-33-036-007 FROM OLD BRIDGE BAR & LIQUORS, INC. TO VRAJESH, INC.
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, an application has been filed for a person-to-person transfer of Plenary Retail Consumption license number 1209-33-036-007, heretofore issued to Old Bridge Bar & Liquors, Inc. to Vrajesh, Inc., for premises located at 24B Route 34, South Amboy, New Jersey, Old Bridge Township, N.J.,
WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and
WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and
WHEREAS, the applicant has disclosed and the township authorities have reviewed the source of all funds used in the purchase of the license and the licensed business, and all additional financing obtained in connection with the licensed business.
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey does hereby approve, effective December 15, 2003, the person-to-person transfer of the aforesaid Plenary Retail Consumption license No.1209-33-036-007, and does direct the Township Clerk to endorse the license certificate to the new ownership as follows: “This License subject to all of its terms and conditions, is hereby transferred to Vrajesh, Inc., effective December 15, 2003.
BE IT FURTHER RESOLVED that the person-to-person transfer application be amended to reflect that no adjacent properties are to be licensed.
BE IT FURTHER RESOLVED that said license is hereby conditioned that no go-go dancing be allowed.
Moved by Councilman Testino, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Redmond, Testino, Volkert, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Maher.
Prior to the roll call vote the following discussion took place.
Councilman Testino: Is this the bar on Rt. 34?
President Butler: Yes.
Report.
1. Decibel reading status.
Ms. Shepler: I have to report that the county representative did not contact me today as promised, but I will be back here on December 28, and I will make every attempt to finish this.
President Butler: The Clerk should carry this forward.
Ms. Shepler: You can follow this with Mr. Gross.
President Butler states that this meeting will recess until January 1, 2004 at 11:30 a.m.
President Butler opened a public portion.
Seeing no hands President Butler closed the public portion.
Council Comments
Councilman Redmond: Wishes everyone happy holidays with a reminder about the tree lighting on December 22.
Councilwoman Panos: Wishes everyone happy holiday.
Councilman Calogera: I wish everyone happy, holy and healthy holiday season. Barbara Cannon has been mayor for twelve yeas, and we have always agreed to work together for what is the best for this town. She is a woman of conviction, and I thank her and wish her the best in the future.
Councilman Greene: I wish everyone Merry Christmas, Happy Hanukah and a Happy New Year. I wish Mayor Cannon and Ms. Shepler, with their extraordinary talents, the best of luck. I wish Councilman Redmond success in his future.
President Butler: I thank the Mayor and Ms. Shepler for the great job they have done. They gave a lot to the township.
Attorney Ruggierio: I have enjoyed working with Councilman Redmond and the Mayor has been a guiding light.
Councilman Baker: The Mayor and administrator both live in Ward 2. The residents are proud and honored for the representation they received from you. As a representative of the residents of Ward 2, we sincerely thank you and wish you both the best of luck.
Councilman Testino: Wishes everyone happy holidays and Merry Christmas to all. The swearing in beings at 11:30 a.m. on January 1st. Mayor Cannon is still our mayor until then.
Mr. Volkert: Wishes everyone a safe holiday and a happy New Year! Thanks Barbara Cannon and Ms. Shepler for their work for the Township.
Mayor Cannon: I want to thank the people of Old Bridge for giving me an opportunity to do a job that I truly loved for the past twenty years - eight as a council person, and twelve as mayor. People don't often get to do what they truly enjoy, but I did. I think to give me the privilege of being able to do something that I was able to give back to the community, I thank you. My staff is extraordinary, and all that we have accomplished is because of their hard work and talents and commitment to Old Bridge. My department heads really carry the ball, and they made everything work.
Rocky Donatelli has been here before I moved to Old Bridge and is the "glue" that holds everything together and brings us continuity. His commitment has been to Old Bridge for over 45 years. Rocky was always wonderful about sharing his information and expertise to everyone and he worked as a team for the benefit of Old Bridge.
Tom Badcock was also here prior to my becoming mayor. I give him a special thank you. Tom is a wonderful young man with an extraordinary amount of talent. The rec. department has flourished, especially the facilities at the park, the expansion of the rec. programs that are in place. The staff that he has put together is to be commended and he is to be commended for the work he did when I first became Mayor acting under hardship and made difficult decisions. I could not have gotten through that time without his support and his extraordinary friendship.
Bill Ruggierio started here after I started and was the first in-house attorney, and he proved that this was the right decision with the right man of the job. He has been terrific and has worked well with the staff. Bill has been great with the public who speak to him about their concerns about the community. It speaks well for him that there was a referendum to be sure that his position was kept in tact. It was because of how the public saw him and how they knew that they were so supportive and voted two to one to make sure that he still had his job. I wish him the very best.
Himanshu Shah started about a year after I did when were in trouble. Both Jack Coughlin and I agreed that he was the man for the job. Himanshu turned everything upside down and made it right. The township was floundering in a difficult financial situation, and within a relatively short time he straightened us out. We now have the highest bond rating and collection rate that we have ever had. We have a tax rate $.03 below where we were ten years ago. He has done a terrific job in our technological accomplishments making us the envy of many towns. He was the spark behind the web site which is one of the best in the state. Himanshu is never satisfied with status quo and wants to find ways to make government responsive to the people. I thank him for his friendship and support and wish you always the best.
Alayne Shepler started in one position and became our business administrator five years ago. I thank her for her wonderful work and commitment to Old Bridge. Alayne moved from Manalapan to Old Bridge. Alayne's people skills have kept everyone on an even keel. She has turned around very difficult situations. I thank you and wish you the very best in Manalapan; they are very lucky to have you.
I thank John Vincenti for coming aboard and stepping into a difficult position. You have an important area to oversee, and I believe you have done a good job. I appreciate your support and commitment to Old Bridge. I am sure you will be on to bigger and better things as you serve Old Bridge.
I thank the new chief of police, Tom Collow, whom I think is doing a terrific job. I thank the council, even though we have had our disagreements. I really feel that for the most part you are trying to do the right thing. I wish you the best for Old Bridge.
Ms. Shepler: I thank Mayor Cannon and the governing body for the faith and trust they placed in me to be able to lead this township with Barbara Cannon. It has been a privilege to have worked with all of you. An administrator cannot be effective unless the team behind he or she is wonderful. This town is blessed to have the best professional staff that I have worked with. I am going to miss each one of you. I am not going far. I am a resident of Ward 2, and I will be watching. I cannot thank my staff enough; I have a team approach to government.
President Butler: On behalf of the Township Council I present you with a dozen roses. The Mayor and I have had occasion to attend many dinners (homeowners, first aid, fire, etc.), and the Mayor always said one thing to our volunteers: "I cannot thank you enough." I now say to the Mayor that you have been here for two council terms and twelve years as Mayor, and we thank you for all you have done for Old Bridge.
Councilman Greene: I really appreciated working with you and wish you the best in the future. This is an example of bi-partisan politics as Mr. Butler has invited me to be a part of this presentation. I wish you the best of luck.
A motion to recess the combined meeting to January 1, 2004 was made by Councilman Testino, seconded by Councilman Redmond which was followed by an all AYES vote from the members present.
___________________________________
Reginald Butler, Council President
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Rose-Marie Saracino, Township Clerk
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