OLD BRIDGE TOWNSHIP COUNCIL
COMBINED MEETING
October 4, 2004
A combined meeting of the Township Council of the Township of Old Bridge was held at the Municipal Center of the Township of Old Bridge on October 4, 2004. The meeting was called to order at 7:45 p.m. by President Baker who asked all present to participate in a salute to the flag which was followed by a short prayer.
Moment of Silence.
President Baker requested a moment of silence for the Armed Forces serving abroad and at home.
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 Monday, October 18, 2004 at 8:00 p.m.
Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Butler, Gillespie, Greene, Testino, President Baker. Councilman Maher arrived late. Councilmen Calogera and Volkert and Councilwoman Panos were absent.
RESOLUTION NO. 552
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 vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of al 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 October 4, 2004 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of October 4, 2004 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 $7,067,027.06 (Accounts Payable)
Moved by Councilman Butler, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
RESOLUTION NO. 553
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 vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of al 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 October 4, 2004 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of October 4, 2004 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 $779,037.38 (Payroll).
Moved by Councilman Butler, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
Preliminary public comment.
Mr. Seewald: Applauded the Laurence Harbor boardwalk but noticed desecration occurring which was being corrected immediately.
Dr. Greenberg: Referred to an article in the Star Ledger dated September 28, 2004 "Old Bridge Council Okays Farm for Open Space". Expressed her disappointment that there had been 500 acres which were earmarked for commercial development which is being developed into housing. Mrs. Miller and the Birardi's are putting their farms into preservation,. Those applications were done over two years ago and do not show the council's commitment to open space which gives tax relief. Crossroads will not.
Consent Agenda.
President Baker opened a public portion.
Mr. Goldman (8 Darian Court): I am president of the Old Bridge Library. For years the library has had a desire to expand our services to South Old Bridge. The money from the sale of the old branch on Rt. 516 has been set aside for the South Old Bridge development, and it cannot be spent for anything, and we encourage the development of the library in South Old Bridge. The library board would be glad to work with the township in the development of this project.
RESOLUTION NO. 554
CANCELLING REAL ESTATE TAXES ON BLOCK 02150 LOT 4.12 AND BLOCK 13000, LOT 28
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the following properties have erroneously billed real estate taxes because these properties are now owned by the Township; and
WHEREAS, these taxes need to be canceled of record to correct the Tax Collector's property accounts.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Old Bridge that the Tax Collector is hereby authorized to make the appropriate cancellations and adjustments as described herein and to cancel any relevant accrued interest.
BLOCK LOT LOCATION ADJUSTMENTS
02150 4.12 Matawan $19.12
deeded 12/15/03, to cancel balance of calendar 2004 taxes.
13000 28 Hwy 9 $86.32
deeded 12/03/02, to cancel balance of calendar 2004 taxes.
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
RESOLUTION NO. 555
CANCELLING REAL ESTATE TAXES ON FOUR PREVIOUSLY EXEMPTED 100% DISABLED VETERANS
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, N.J.S.A. 54:43.30 ET. SEQ. authorizes an exemption from local property taxation the property of any veteran who has been declared by the United States Veteran's Administration to be 100% disabled as of the date of same; and
WHEREAS, the following veterans have filed for the above mentioned exemption with the Tax Assessor; and
WHEREAS, copies of said declarations are filed with the Tax Assessor.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Tax Collector be hereby authorized to cancel the balance of the 2004 calendar year taxes, first half Fiscal 2005 taxes, billed on the referenced properties.
Block Lot Date of Disability Billing to be Cancelled
3561.44-4 11/5/02 $1,035.60.
7 Louisiana Dr.
John Winters
5000.35-6 12/20/03 $3,332.46
8 Villanova Rd.
James Brittion
61-470 4/11/04 $1,789.48
470 Harding Rd
Robert MacDonald
3573.2-131 11/24/03 $1,130.71
10-C California Ct.
Anthony Mitarotonda
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
RESOLUTION NO. 556
CANCELLING REAL ESTATE TAXES FOR THOMAS DIORIO 100% DISABLED VETERAN
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, N.J.S.A. 54:4-3.30 ET.SEQ. authorizes an exemption from local property taxation the property of any veteran who has been declared by the United States Veteran's Administration to be 100% disabled as of the date of same; and
WHEREAS, the following veteran has filed for the above mentioned exemption with the Tax Assessor and copies of said declarations are filed with the Tax Assessor.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Tax Collector be hereby authorized to cancel the portion of the 2003 and all of 2004 calendar year taxes billed on the referenced property.
Block Lot Date of Billing to be Amount to Refund
Disability Cancelled
18046 25 10/16/03 2003 767.15 767.15
25 Berkshire Rd. 2004 4006.41 2932.12
Thomas DiOrio
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
RESOLUTION NO. 557
AUTHORIZING THE CANCELLATION AND REFUND OF REAL ESTATE TAXES FOR THREE 100% DISABLED VETERANS
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, N.J.S.A. 54:4-3.30 ET. SEQ. authorizes an exemption from local property taxation the property of any veteran who has been declared by the United States Veteran's Administration to be 100% disabled as of the date of same; and
WHEREAS, the following veterans have filed for the above mentioned exemption with the Tax Assessor; and
WHEREAS, copies of said declarations are filed with the Tax Assessor.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Tax Collector be hereby authorized to cancel the appropriate portions of the 2002, 2003 and 2004 calendar year taxes billed on the referenced properties.
BE IT FURTHER RESOLVED, by the Township Council of the Township of Old Bridge that any payments for taxes made for the period after the 100% disability was declared be refunded including any interest and principal paid by property owner.
Block/ Lot Date of Billing to be Refund amount
Disability Cancelled
3561.44-4 11/5/02 4092.53 $3,056.93
7 Louisiana Dr.
John Winters
5000.35-6 12/20/03 $6,476.45 $3,143.99
8 Villanova Rd.
James Britton
61-470 4/11/04 $2,515.42 -0-
470 Harding Rd.
Robert MacDonald
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
RESOLUTION NO. 558
GRANTING PERMISSION FOR A BLOCK PARTY BALMORAL AVENUE OCTOBER 31, 2004
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the residents of have requested permission to close Balmoral Avenue at the intersection of Woodsend Drive and Hallendale Drive for the purpose of a block party to be held on October 31, 2004.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions.
It is a requirement of this approval that you must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Clerk's office before obtaining Council approval.
It is a requirement of this approval that Balmoral Avenue be completely closed to vehicular traffic from the intersection of Woodsend Drive and Hallendale Drive. This closing must apply also to the residents' vehicles as well as other vehicles. You will be responsible for making provision to have the roadway blocked, making sure that there is access for residents to enter and depart as they desire. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant).
The party must end and the streets reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
RESOLUTION NO. 559
RESCINDING RESOLUTION #243-04 AUTHORIZING INTER-LOCAL SERVICE AGREEMENT WITH MIDDLESEX COUNTY FOR PARTICIPATION IN A COOPERATIVE PRICING SYSTEM FOR ENERGY AGGREGATION
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 enacted Resolution #243-04; and
WHEREAS, the said resolution was reviewed by the Middlesex County; and
WHEREAS, Middlesex County is requiring an amendment to the language in the Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that Resolution #243-04 memorializing the authorization of the Inter-Local Service Agreement with Middlesex County for participation in a Cooperative Pricing System for Energy Aggregation is hereby rescinded.
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
RESOLUTION NO. 560
AUTHORIZING THE TOWNSHIP OF OLD BRIDGETO ENTER INTO A COOPERATIVE PRICING AGREEMENT FOR ENERGY AGGREGATION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to establish a Cooperative Pricing System and to enter into Cooperative Pricing Agreements for its administration; and
WHEREAS, the County of Middlesex, hereinafter referred to as the “Lead Agency” has offered voluntary participation in a Cooperative Pricing System for the purchase of goods and services; and
WHEREAS, on October 4, 2004, the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, duly considered participation in a Cooperative Pricing System for the provision and performance of goods and services.
NOW, THEREFORE BE IT RESOLVED as follows:
TITLE
This Resolution shall be known and may be cited as the Cooperative Pricing Resolution of the Township of Old Bridge for energy aggregation.
AUTHORITY
Pursuant to the provisions of N.J.S.A. 40A:11-11(5) the Mayor is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency.
CONTRACTING UNIT
The Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the revised statures of the State of New Jersey.
EFFECTVE DATE
This resolution shall take effect immediately upon passage.
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
RESOLUTION NO. 561
AUTHORIZING A PUBLIC AUCTION FOR SURPLUS PROPERTY 12/3/04
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 has determined that the personal property list on file with the Township Clerk is not needed for any public use; and
WHEREAS, the estimated value of the said personal property exceeds the sum of $2,500.00; and
WHEREAS, it is in the best interest of the township to sell the said property at public auction.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the notice of the Friday, December 3, 2004 date, time and place of the public sale, together with a description of the items to be sold and conditions of sale shall be published in the official newspaper of the township; such sale shall be held not less than seven (7), nor more than fourteen (14) days after the publication date of the notice of sale; and
BE IT FURTHER RESOLVED that the sale of the said personal property shall be upon the condition that all such property shall be sold in an “as is” condition and the township shall not give any warranty as to quality or condition of the property; and
BE IT FURTHER RESOLVED that the township does hereby reserve the right to reject any and all bids.
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
RESOLUTION NO. 562
BINGO/RAFFLE
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the following organizations have made application to hold, operate and conduct a Bingo/Raffle; said applications being in accordance with the statutes relating thereto.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Township Clerk is hereby authorized and directed to issue to the applicant the following licenses:
RL 91-04 James A. McDivitt School PTA
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
RESOLUTION NO. 563
ACCEPTING NJDOT'S JURISDICTIONAL AGREEMENT AT NEW JERSEY STATE HIGHWAY ROUTE 35 AT LAURENCE PARKWAY
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the State of New Jersey Department of Transportation has requested that an agreement be entered between the Township of Old Bridge and the State of New Jersey which would allocate the jurisdictional responsibilities for highway maintenance and control between the Township of Old Bridge and the State of New Jersey with respect to improvements of Route 35 at Laurence Parkway within the Township of Old Bridge; and
WHEREAS, roadways in the intersection in the areas of Shoreland Circle and Wilson Avenue are presently in need of immediate corrective pavement repairs and the State of New Jersey Department of Transportation has agreed to repave said roadways, provided that the Township of Old Bridge assume responsibility for future responsibility and control; and
WHEREAS, the Township of Old Bridge has prepared a Jurisdictional Limit Map dated August 5, 2003 which outlines the limits and boundaries of maintenance and control by various governmental entities;
NOW, THEREFORE, BE IT RESOLVED by the Township of Old Bridge that the Mayor and Township Clerk are hereby authorized to execute the agreement between the Township of Old Bridge and the State of New Jersey; and
BE IT FURTHER RESOLVED that the Map and Resolution be forwarded to the New Jersey Department of Transportation for preparation of a Jurisdictional Agreement.
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
RESOLUTION NO. 564 DENIED
AUTHORIZING A TEMPORARY EMERGENCY BUDGET APPROPRIATION IN $3,281,360.00
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, there will be a delay in the adoption of the 2005 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 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:4-29, an emergency temporary appropriation be and same is hereby made in the amount of $3,383,860.00 and that said emergency temporary appropriation shall be provided in full in the 2005 budget. (See Attached)
CURRENT BUDGET $3,281,360.00
Other Expenses
ARENA UTILITY 102,500.00
Other Expenses
TOTAL $3,383,860.00
Moved by Councilman Testino, seconded by Councilman Butler and so denied on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Testino, President Baker.
NAYS: Councilman Greene.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
Prior to the roll call vote the following discussion took place.
Councilman Greene: This is an item to appropriate $3.2 million. I have been going through the budget, and I would like Mr. Shah to comment on this. I am very concerned about the 2005 budget. The township has taken properties and sold them at auction and is in the process of selling property to Cheesequake Park. I don't have a particular concern about the sale of the properties. I think the sale to Cheesequake Park makes a lot of sense because it would guarantee that the property would remain open space. My concern is that the township is using that money in order to fund this year's budget. It is a one-shot gimmick, and I have to express my concerns about it. Fiscally it is not the right thing to do. Mayor Phillips indicated that if I didn't care for this, I would have to address it during the budget negotiations. I don't believe it is a good policy. We are letting the public down because they approved a non-binding referendum several years ago in which they overwhelmingly supported the fact that when township property was sold, the money from that sale would go into the open space fund to purchase additional property. Two things have gone awry. We are not building up the open space fund in order to purchase additional property, and we are also using one-shot revenues to fund a budget. That is fiscally unsound.
Councilman Testino: I assume that the finance director is recommending that we adopt a temporary budget tonight?
Mr. Shah: Yes.
Councilman Testino: I also assume that we will have ample opportunity to debate the entire budget when the state funding numbers come in and we get ready to adopt. At this juncture, we haven't been given an opportunity as a council to cut any particular line item, correct?
Mr. Shah: The council will be making recommendations and meeting with the various departments.
Councilman Testino: During my tenure over the last eight years we have acquired more property for open space than any other tenure on the council, and we are paying for that in our on going debt service requirements. That is part of the on going budget requirement. As a temporary measure I would move the finance director's recommendation and ask that the council adopt it and that we get into the budget further.
RESOLUTION NO. 565 - TABLED
AUTHORIZING EXTENSION OF CONTRACT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND THOMAS NORMAN, ESQ. IN RE BRUNETTI V. OLD BRIDGE PLANNING BOARD
Councilman Gillespie: I would like to table this because the information we received in our packets was insufficient. I will move to table.
Attorney Convery: I will be able to get additional information. I will discus this with engineering and planning and see the status of the litigation and the existing bill. The council passed a resolution authorizing up to $20,000 for this litigation. This would be additional money. I have no objection to this being tabled at this time.
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Planning Board of the Township of Old Bridge has recommended the extension of certain existing contracts with attorneys.
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. The contract previously granted to Thomas Norman, Esq. for the purpose of legal assistance to the Planning Board of the Township of Old Bridge in regard to the matter of Brunetti v. Old Bridge Planning Board be extended in an amount not to exceed $20,000.00.
2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1267 certifying the existence of a sufficient appropriation to fund the said contract.
3. There will not be a necessity for an additional contract to be provided as the original contract is presently on file with the Township Clerk's office.
4. The Mayor and Clerk are hereby authorized to execute any documents necessary to extend the contract.
5. Subject to the maximum amount authorized above and as available appropriation, the Director of Law of the Township of Old Bridge may increase the funding of this contract by issuing one or more supplemental purchase orders.
Moved to table by Councilman Gillespie, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
RESOLUTION NO. 566
AUTHORIZING PROFESSIONAL SERVICES CONTRACT WITH CME ASSOCIATES FOR PREPARATION OF PLANS AND SPECS FOR CORRECTIVE WORK IN YADLEY MANOR
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 engineering firm for services related to the preparation of plans and specs for corrective work to Yardley Manor; and
WHEREAS, CME Associates is a licensed New Jersey engineering consulting firm which is recognized as capable and available to undertake such work; and
WHEREAS, the Township Council wishes to authorize a contract with CME Associates for purposes of providing the aforesaid professional engineering consulting service.
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 CME Associates located at 1480 Route 9 South, Howell, New Jersey 07731 in the amount of $10,000.00.
2, The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1283 certifying the existence of a sufficient appropriation to fund the said contract. The monies will be funded by the developer's Escrow Account.
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 AA201, 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 Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
Prior to the roll call vote the following discussion took place.
Councilman Greene: The documentation we received was not clear as to what the contract is for. In addition to finding out exactly what the residents' concerns are, I would like to know if this money is from the developer who built Yardley Manor or from the pot of money that is set aside by developers in general.
Mr. Jacobs: We have had meetings with the homeowners association, and there are a number of repairs that need to be done. I would like to move this forward as quickly as possible.
Councilman Greene: I think that is positive, but we still have the developer who is going to address the problem. I want to make sure that this is in place. The developer who built Yardley Manor is the one who is going to be responsible for this $10,000 plus whatever work that needs to be done, correct?
Mr. Jacobs: The funds in escrow will be used to pay for this. It will not be he who will do the repairs.
Councilman Greene: Can you give me an idea as to what the concerns and problems are in Yardley Manor?
President Baker: The people in Yardley Manor are concerned about water seepage and curb problems. If you want, Mr. Jacobs will send you the complete list.
Councilman Greene: That's okay as long as you are on top of this. My direction was to make sure that the bonding was in place so that the developer who rightfully should correct these problems is the one who is doing it.
Mr. Jacobs: The bond is in place for the engineering study. When we get the prices back, we will have to determine if there is enough bonding.
Councilman Greene: That is a significant statement. When the study is done, you will come back to the council and we will revisit the actual work?
Mr. Jacobs: We have to award a contract.
Councilman Greene: The $10,000 is coming from the developer's bond.
Mr. Jacobs: We have about $60,000.
Councilman Testino: I assume that is not exceeding $10,000.
Councilman Greene: I want to be sure that the concerns of the residents are addressed.
RESOLUTION NO. 567
AUTHORIZING ACCEPTANCE OF 15 ACRES OF PROPERTY FROM WOODHAVEN VILLAGE, INC. FOR FUTURE MUNICIPAL USE
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 has acquired approximately 15 acres of property from Woodhaven Village, Inc., conveyed by deed dated January 7, 2003, recorded at the Middlesex County Clerk's office on September 7, 2004 in Book 05379, Page 0337; and
WHEREAS, the mayor has requested that said property be accepted by the Township of Old Bridge for municipal purposes; and
WHEREAS, the mayor has recommended that this parcel be used for a future elementary school, community center and public library branch.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the 15 acres of property designated as Block No. 22001, Lot 4.12 conveyed by deed dated January 7, 2003, recorded at the Middlesex County Clerk's office on September 7, 2004 in Book 05379, Page 0337 be accepted by the Township of Old Bridge; and
BE IT FURTHER RESOLVED by the Township Council of the Township of Old Bridge that the referenced parcel shall be used for a future elementary school, community center and public library branch.
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
RESOLUTION NO. 568
AUTHORIZING ACCEPTANCE OF 220.88 ACRES OF PROPERTY TO BE PUT INTO OPEN SPACE INVENTORY
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 has acquired 220.88 acres of property from Woodhaven Village, Inc., conveyed by Deed dated June 16, 2004, recorded at the Middlesex County Clerk's Office on August 19, 2004 in Book 05371 Page 0606; and
WHEREAS, the Mayor has requested that said property be accepted by the Township of Old Bridge for the purposes of open space, conservation, and recreation uses; and
WHEREAS, the Mayor has recommended that this parcel be added to the open space inventory of the Old Bridge Township Master Plan.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the 220.88 acres of property designated as Block No. 22000, Lot 27.11, Block 23001, Lot 15.20 and Block 22140, Lot 30.17 conveyed from Woodhaven Village, Inc., by Deed dated June 16, 2004, recorded at the Middlesex County Clerk's Office on August 19, 2004 in Book 05371, Page 0606 be accepted by the Township of Old Bridge.
BE IT FURTHER RESOLVED by the Township Council of the Township of Old Bridge that the above referenced parcel shall be added to the open space inventory of the Old Bridge Township Master Plan for the purposes of open space, conservation, and recreation uses.
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
Prior to the roll call vote on Resolution Nos. 567 and 568 the following discussion took place.
Councilman Greene: I want to address the fifteen acres and say that I certainly . . . When you talk to residents of the township and they look at development they always say well you know, the developers should put money up to support services. In this case that does not go far enough, but it is a step in the right direction. Negotiations which occurred many years ago . . . actually this goes back to and it's in the documentation of 1989 when Mayor Haney was in office, that they reached an agreement not only to reduce the size of the development, but to set aside two parcels of property - one is fifteen acres which would support a school, a community center and a public library. I think the school system would probably have to be speaking for themselves, but I want to direct my conversation to the community center and the public library. I support overwhelmingly that we move forward with a community center and a pubic library in South Old Bridge. If the business administrator would get back to me and let me know exactly what the plans are and possible dates as to when we could move forward on this . . . I know that there has been some very, very, very, very preliminary discussions with regard to a library. I would like that to move forward at a faster pace. I would also like to pursue the community center. I am not sure about the population of the elementary school students there, but certainly if the Board of Education feels that we should move forward, I support that.
As far as these two hundred acres [are concerned], for the record and because of the debate that has occurred as far as open space, this goes back to Mayor Haney's administration and I think it is a great thing. No matter how we acquire open space, whether it is through negotiations of a developer or whether by development rights like we did at the last meeting or outright purchase, I think that the township should acquire any and all and as much open space as possible.
Mr. Jacobs: To a certain extent the timing is determined by the development because currently there is no access to the fifteen acres. We thought it was important that the people who were potentially buying or locating in that area would know what is planned for this parcel. They did not think it was going to remain woods. There are no roads to access this property. The main reason for highlighting this issue was so that future buyers or property owners will realize what is going to occur. Until roads are built we could not start the school, but want to allow for the planning.
Councilman Greene: What about the library and community center?
Mr. Jacobs: We envision one structure to house all of that independent of each. That cannot be done until the access roads are built.
Councilman Greene: Is there any harm in meeting with the library and the board of education at to put into motion some type of organized plan or debate?
Mr. Jacobs: We have had a number of conversations with the school superintendent. We had one meeting with the director of the library, and everyone seems to be on board.
Councilman Greene: I hate to be geographical, but this is in Ward V. Could you let me know about it?
President Baker: Mr. Jacobs, please keep Mr. Greene abreast of every [piece of]correspondence that goes through? Please copy the rest of the council.
Councilman Testino: Accepting the fifteen acres is the first step toward any of these goals, and I want to be sure that when the two hundred acres are placed into open space inventory that Mr. Badcock makes sure that there is nothing else we want to do with that. I am sure that Mr. Badcock has reviewed this, and that this is where he wants it to go. I am in support of this.
RESOLUTION NO. 569
CONFIRMING SALE OF TOWNSHIP PROPERTIES
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 authorized the sale of certain township properties in its Ordinance No. 18-04 on July 19, 2004, effective on August 12, 2004; and
WHEREAS, the sale of said township land was duly advertised by the Township Clerk in accordance with the statutes of the State of New Jersey; and
WHEREAS, a township land sale was held on August 25, 2004 and September 29, 2004 in the township council chambers with the township Business Administrator presiding over said sale; and
WHEREAS, the following properties were sold to the highest bidder for the amount indicated:
BLOCK & LOT ADDRESS SALE PRICE
BL 1003, Lot 40 Delray Place $70,000.00
BL 2000.25, Lots 20-23 Biondi Avenue $40,000.00
BL 2000.19, Lots 10-13 Biondi Avenue $60,000.00
BL 2000.19, Lots 41-44 Biondi Avenue $75,000.00
BL 2000.23, Lots 23-24, 53-56 Naples Avenue $98,000.00
BL 2000.23, Lots 29-35 Columbus Avenue $102,000.00
BL 13004. Lot 59 Wesley Road $100,000.00
BL 2000.19 Lots 1-3 Biondi Avenue $62,000.00
BL 13005, Lot 30 Wesley Road $72,000.00
BL 13005, Lot 31 Wesley Road $68,000.00
WHEREAS, pursuant to State law, the following property was sold to a contiguous property owner.
BL 2000.24, Lot 15-17 Columbus Avenue $40,000.00
WHEREAS, the purpose of this resolution is to publicly confirm the sale of the above referenced properties.
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge hereby confirms the sale of the above referenced township properties: and
BE IT FURTHER RESOLVED that the Township Attorney, Township Business Administrator, Mayor and Township Clerk are hereby authorized and directed to execute and deliver any necessary documents to effectuate the subject conveyances of the township property referenced herein.
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
Prior to the roll call vote the following discussion took place.
Councilman Greene: I have no problem with the sale of these properties. My concern is the fact that the money is one-shot revenue.
Liquor License.
RESOLUTION NO. 570
AUTHORIZING THE ISSUANCE OF A NEW PLENARY RETAIL DISTRIBUTION LICENSE TO JOHN BONE NO. 1209-44-NEW
Deputy Clerk Ward : This issuance was already approved. The State wants different wording in the resolution.
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, application has been filed for a new Plenary Retail Distribution License No. 1209-44-NEW by John Bone for premises located at 1044 Rt. 9 South, Gateway Shopping Center, PO Parlin, Old Bridge Township, New Jersey, and
WHEREAS, the submitted application form is complete in all respects and the fees have been paid; 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 does hereby approve the issuance of the aforesaid plenary retail distribution license effective July 1, 2004 and does hereby direct the Township Clerk to issue the license certificate to the new ownership as follows: "This License subject to all of its terms and conditions is hereby issued to John Bone June 28, 2004; effective, July 1, 2004.
Moved by Councilman Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Councilwoman Panos.
Appointment.
RESOLUTION NO. 571
APPOINTING LINDA CHALAWICK TO THE RENT STABILIZATION BOARD FOR A TERM EXPIRING 12/31/04
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
Linda Chalawick be appointed to the Rent Stabilization Board to fill the unexpired term of Steven Brunell ending December 31, 2004.
Moved by Councilman Gillespie, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Testino, President Baker.
NAYS: None.
ABSTAIN: Councilman Greene.
ABSENT: Councilmen Calogera, Maher, Volkert, Councilwoman Panos.
Public comments on any subject matter.
Mr. Goldman: Recounted an accident in which he was involved at Ticetown Road and Cottrell Roads. Extended his thanks to Councilman Calogera, who happened to be in the area, the police department and the emergency personnel who responded. Expressed the need for reengineering at Cottrell Road and Ticetown Road.
President Baker: You will be comforted to know that I, along with the township engineer and the business administrator, rode Ticetown Road from Rt. 9 to Morganville Road, and there is a plan in place.
Seeing no other hands President Baker closed the public portion.
Council comments.
Councilman Gillespie: I know that we don't as a matter of course debate members of the public when they make statements. However, in response to what Dr. Greenberg had said, it merits a simple response to what I consider a patter of misinformation about Crossroads plan. She served on the planning board when that body made several findings of fact and approved, with her vote in favor, to designate that property as a redevelopment area in the year 2000. I am sorry that she has left, but to have a board member say that the property does not meet the criteria is somewhat silly after she voted to accept that property as a redevelopment area when it was designated in need of rehabilitation which is the statutory term. It is interesting that she mentioned the course that the mayor, Councilman Butler and I took, but she neglected to mention that the two people who teach the course for the state, Dave Roberts, a planner, Ann Babineau, an attorney, are the two same professionals who the economic development corporation hired and had no problem representing to this governing body and to this planning board that not only was the Crossroads redevelopment plan beneficial, but that the site itself merited the redevelopment designation.
I don't like to respond to members of the public because this is not a debating club, but we need to set the record straight.
Councilman Greene: I think that Councilman Gillespie is out of line, and I will say that '2000 was '2000. I don't know why Mrs. Greenberg voted the way she did, but clearly the direction in '2000 was a far cry from the direction that was just undertaken by the majority of this council. In 2000 it was clearly an effort by the planning board to develop that property for commercial only. We are comparing apples and oranges, and I feel, Mr. Gillespie, that you certainly were out of line and improper to discuss that issue when a comment was made in public.
President Baker: I believe council comments are somewhat liberal. We have a lot of council comments, and we don't have any hammer over what they can or cannot say. I believe that Crossroads is an issue that is behind us. I will listen to Pat [Gillespie] if you want to say one more that. You will have the last word, and we will be done.
Councilman Greene: Why does Mr. Gillespie have the last word?
President Baker: Then you will have the last word after he has the second to last word.
Councilman Gillespie: What Dr. Greenberg said was that the property did not meet the statutory criteria to be designated as a redevelopment area. That was the issue in front of the planning board in the year 2000. That was the issue that the planning board conducted hearings on at that time. That was the all affirmative decision at that time. Her statement directly contradicted the vote that she made in the year 2000 to designate this area in need of rehabilitation under the statutory criteria of the redevelopment law. There was no plan in front of the planning board at that time, and she would not allude to the plan. She said that the property did not meet the criteria. The property does meet the criteria. She voted in the affirmative, and I think that we should set the record straight.
Councilman Greene: There was a Blue Mass over the weekend in Laurence Harbor for volunteers in first aid, fire and police. I did not receive an invitation, and I want to raise a concern that I don't know who was in charge of this, but I think that the point should be made that the council members are informed of important items so that we can attend and pay our respects.
Motion
to adjourn made at 8:22 p.m. made by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Volkert, Councilwoman Panos.
_____________________________
William Baker, Council President
_____________________________
Rose-Marie Saracino, Township Clerk
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