An Agenda meeting of the Township Council of the Township of Old Bridge was held on Monday evening, November 15, 2004 in the Municipal Complex. The meeting was called to order at 8:05 p.m., by President Baker who asked all present to participate in a salute to the flag, followed by a short prayer; followed by a moment of silence for our troops in harms way.
Deputy Clerk Stella Ward announced that the meeting was being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public areas. The next Council meeting will be held on Monday, November 22, 2004 at 8:00 p.m.
Roll call by Deputy Clerk Ward showed the following members answering present: Councilmen Butler, Calogera, Greene, Gillespie, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
PROCLAMATION – (11/22/04)
Marathon Runner – Amy Fishman
President Baker: We will change that to read Certificate. For clarification this young lady ran the New York Marathon under great diversity and duress and is quite an example for the Township of Old Bridge. I would like to have Mike Jacobs reach out to anyone else in the Township who ran and completed the run. You can place the information on the web site and I can make an announcement next Monday if anyone else completed the Marathon, to get in touch with the Clerk's office so we can recognize them down the road.
APPROVAL OF MINUTES – (11/22/04)
September 13, 2004 – Combined; September 20, 2004 – Agenda
September 27, 2004 – Regular; October 4, 2004 – Combined
ORDINANCE FOR SECOND READING
ORD. #41-04 Authorizing the purchase of property known as Block 18094, Lots 52-83 – Old Bridge Township
President Baker: These are the four lots outside of Veterans Park. We are seeking to purchase them from the Open Space Fund for approximately $350,000.
Councilman Maher: What is the assessed value of the land?
Mayor Phillips: I would be very happy to share this with you, but it is a little deceptive because the property was appraised at its underlying zoning which I believe is environmental constraints area, so the numbers are not (inaudible), but I will share this information with you. In my office I have the zoning board transcripts as well as the maps, so if anyone wants to go over it, please come in at your convenience.
Councilman Butler: Have we had any negotiations with the owner and is he willing to sell it?
Mayor Phillips: This matter was being discussed one evening at a zoning board meeting and it got my attention. I asked Mr. Convery to reach out to the attorneys who represented these individuals to see if they were in fact interested in selling. Over a period of time, I believe they exchanged letters and there is now an offer on the table of $350,000.
Attorney Convery: We have gone back and forth with several offers. Their last offer was $350,000 and as it stands now our offer is $300,000 subject to Council confirmation, which is consistent with the Council's discussion on this matter.
Mayor Phillips: So, Mr. Butler, when you ask is there a willing seller, I think that if the price is right there is.
Councilman Calogera: Can I get an idea, say by next week, as far as the safety impact if several houses were to be built on that roadway. Also, I agree with Mrs. Panos concern that although the parcel is expensive, I think I need to know what the ramifications of having all these vehicles backing in and out of driveways if the houses are built.
Mayor Phillips: I think you could talk to Sam Rizzo because I don't feel this is a police problem because it has not been clearly defined as to what exactly the traffic patter will be there. A final site plan would indicate that and we have not gotten to that point yet.
Attorney Convery: If you go to the zoning office, there is a whole file there because this is an active file, and you should be able to get answers to all if not most of your questions.
Councilman Greene: The question of access is really what the stumbling block is. The applicant received his use variance to build the four houses, but it did not move forward because of the access road, is this the case?
Attorney Convery: It was approved subject to the applicant coming before the Township Council, to get the right to access the property off of the road that goes into Veteran's Park. My understanding is that the Council denied that access which led to a law suit. So the Pinkiewicz matter went to Superior Court. Their initial argument was that the township was unreasonable, arbitrary and capricious to deny access off this road. During the process of the law suit, they realized that would be a difficult argument to make, they decided to go back to the zoning board and create their own access road, which they have a right to do, and that is where it is now. This led to a discussion about whether or not it was a good idea to go forward and build the four houses and the former Township Council denied them access, which is where we are now.
Councilwoman Panos: I just want to clarify that Clinton Road which is the access road to the park has the option to be moved, is that correct?
Attorney Convery: My understanding is that if they milled a road in, it is for aesthetic value, it does not totally overlap the paper street, so there is a further dispute over the survey for the street that has been advanced by Mr. Pinkiewicz , so there is an issue as to exactly where the street would lie in comparison to the existing winding roadway into the park; so, they overlap, but they are not on top of each other.
Councilwoman Panos: So if we do not buy this land and if they push the issue, we would have to move part of the existing road, because some of it goes over their road.
President Baker: It is my opinion and I know that Tom and John agree that we do not want four driveways going off of that road.
Councilwoman Panos: There are some people who would say, let's have two roads.
President Baker: I think what Lucille is asking is can the road going into the park remain intact and there be enough space for another street to build the four houses, and the original road remain strictly for the park entrance?
John Vincenti: The only way you can do that is take up the road that is there now and build two roads because the driveway there now straddles the property line, it does not sit within the right-of-way.
Councilwoman Panos: Whose responsibility would it be to move the road?
John Vincenti: That is a subject for the zoning board and it my recommendation to the zoning board that they make the developer bear that cost.
Councilwoman Panos: And the developer may very well protest this and take us back into court. I just want to put this out there and make sure everyone understands the potential for further litigation.
Councilman Greene: I just want to clarify that about a year ago, the previous attorney came in with the applicant and did a presentation and went over our options and the majority of the Council decided not to support the applicant's proposal, is that what you are referring to or was there an action prior to that?
Attorney Convery: My guess is that it was longer than that because I was the zoning board attorney when they filed suit because the Township Council would not allow them access off the park roadway.
Councilman Greene: Maybe the Clerk can provide me with the minutes of that meeting so I can refresh myself on the discussion.
Councilman Calogera: The fact that they cannot meet the condition, does that vacate the approval?
Attorney Convery: No, they challenged the validity of the denial. Anytime the planning or zoning boards impose a condition, the applicant has the right to challenge the particular condition of approval.
President Baker: John, do you think this is a prudent step for the town to take?
John Vincenti: Yes.
Councilman Volkert: Can you vacate that street?
John Vincenti: You can vacate it, but what then happens is you split the paper street in half, the park gets half and Pinkiewicz would get the other half and then he can just build his road on the other side.
President Baker: I strongly recommend that the Council move forward with this to avoid four houses, four driveways and two street entries into the park; Recreation, Administration and I support this.
Councilwoman Panos: I most definitely support it.
CONSENT AGENDA
C-1 Bingo/Raffle
RA94-04A Congregation Beth Ohr
RA05-05 St. Thomas Home School Association
RA06-05 St. Thomas Home School Association
RA07-05 St. Thomas Home School Association
BA08-05 St. Bernadette Church
BA09-05 St. Bernadette Seniors
C-2 Memorialize Release Performance Guarantee – Highview Estates, Inc. Sections I, II & III
C-3 Resolution in support of NJDOT project entitled “Rt. 34/Amboy Road Intersection Realignment and Improvements
C-4 Resolution authorizing contract with Arbe Landscaping, Inc, Nunc Pro Tunc re: emergency repairs rainfall event – Englishtown Road on August 11, 2004 in the amount of $8,875.00. (Cert. #1289)(Affirm. Act.)
Councilman Calogera: I don't think the description is totally informative, and I would like to find out what this is about.
Councilwoman Panos: We had tremendous floods in Ward VI and when we followed it through the woods it proved to be all garbage blocking the flow and I was very glad he came down there that night and cleared out the stuff. That area is next to the apartments and people dump refrigerators, couches and all kinds of junk and the area was a wreck.
Councilman Calogera: Whose property was that on and was someone responsible for keeping the area clear and if so, why are we picking up the tab?
Mayor Phillips: We have no way of knowing who dumped there and therefore we cannot go after anyone in particular.
Councilman Calogera: I know that you guys did a very good job, I am just upset that the township has to incur an expense because someone dumped something and we cannot go after them, that is what is upsetting me.
C-5 Resolution for professional services contract to HCDS to keep CDBG program up and moving in the absence of Mike Ruffley.
Councilwoman Panos: Does that have to go out to bid?
Administrator Jacobs: No, it is a professional services contract, no bid.
Councilwoman Panos: Isn't there some cap on the bid amount?
Administrator Jacobs: There is no cap on professional services contract.
Councilman Calogera: Is this recommended by Mr. Ruffley?
Mayor Phillips: Mr. Ruffley, is, without divulging too much, ill and there are people who are waiting for roofs and heaters and it is our desire that Mr. Ruffley come back to work as soon as possible, but in the meantime this is an avenue that Sayreville has taken with their program that has proved effective and my concern is that people get their roofs and heater before we go much further into the winter. Mr. Jacobs has examined it and made the recommendation.
Councilman Calogera: There is no one in house that can do this?
Administrator Jacobs: There is lot of paperwork done in house, and this picks it up from that point.
Councilman Calogera: What is the estimated cost of this?
Administrator Jacobs: The grant program which is maxed at $3,500.00, there is a $250.00 charge per application to do the bid specs for the small projects.
Councilman Calogera: How many applications do we get per year?
Administrator Jacobs: It varies; so far this year we have received eight, last year we had 48. Obviously we do not have money to do them all, we only have about $50,000 after the Cheesequake Window Program. We pay the consultant $250.00 to go out and do one application.
C-6 Resolution requesting North Fork Bank as successor to Trust Company
C-7 Approval of Meeting Schedule for the Year 2005
C-8 Award of Bid #2004–28 Road Salt to ________
President Baker: This description appears to be incomplete, can some explain it?
Natasha Turchan: The bids for the salt were between $62 and $68 which is much higher than last year because last year we only paid $35 per ton. So I have checked with the County and they are planning to award the contract at $48.50, and as part of their co-op agreement I suggest we go with the County to buy salt. I propose that we reject those bids and I will request your permission to authorize me to negotiate and I will try to work with Atlantic & International Salt Companies to see if they will award the contract to Old Bridge for the same price they awarded the County contract.
C-9 Award of Bid #2004-29 – Purchase of Equipment Public Works Trucks to….
Natasha Turchan: There is only one company, Seeley Equipment and Supply Company and I have talked to the mechanic in the DPW and that is exactly the truck they are looking for and they are asking to award the contract to this company and the price is $21,360.00.
ACTION ITEMS – 11/15/04
RESOLUTION NO. 606
RESOLUTION AUTHORIZING BUDGET TRANSFER
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, local Municipal Budget; and
WHEREAS, if additional funds are not budgeted for the following, the public welfare will be adversely affected.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that in accordance with N.J.S.A.40A:4-20, an emergency temporary appropriation be and same is hereby made for the amount of $22,100.00 and that said emergency temporary appropriation shall be provided in full in the 2005 budget, (see attached).
CURRENT BUDGET
Salaries & Wages $100.00
Other Expenses 22,000.00
TOTAL $22,100.00
Motion made by Councilman Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT PODIUM: Councilman Calogera
Prior to the roll call vote the following discussion took place:
Councilwoman Panos: I am uncomfortable with action being taken at Agenda meetings because I feel it circumvents the public. Are these emergencies that have to be done; are we going to run out of money and will the redevelopment agency not be formed if we don't act tonight?
Himanshu Shah: (inaudible)
Councilman Greene: You mentioned grant; we approved a budget appropriation last Monday, why was this not included with that appropriation?
Himanshu Shah: Honestly, I don't know why this was not added, but I think we may have just gotten the notice about the protective equipment grant and that does not affect our total budget; it is money coming in.
Councilman Greene: So this is a grant for the police department?
Himanshu Shah: Yes.
RESOLUTION NO. 607
RESOLUTION CONFIRMING MAYOR'S APPOINTMENTS TO THE OLD BRIDGE REDEVELOPMENT AGENCY
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
The Township Council hereby confirms the Mayor's appointments of the members to the Old Bridge Redevelopment Agency as follows:
Roy Quackenbush Term Ending December 31, 2006
Mark Proudman Term ending December 31, 2007
Joseph Arena Term ending December 31, 2007
Russell Azzarello Term ending December 31, 2008
Susan Meyer Term ending December 31, 2009
William Volkert Term ending December 31, 2009
Moved by Councilman Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Maher, Testino, Volkert, President Baker
NAYS: Councilmen Greene, Councilwoman Panos
ABSENT PODIUM: Councilman Calogera
Prior to the roll call vote the following discussion took place:
Mayor Phillips: I came before the Council at the last meeting to put in the names of five individuals to serve on the Redevelopment Agency. My secretary noticed that although not by law, but by our ordinance, members of this authority must be township residents. In conversations with two of the individuals I found that they will either not meet that requirement now or in the future. I bring before you now the names of Joseph Arena to serve in the term of 3 year capacity replacing Robin Rosen and Suzanne Meyer to serve in the capacity previously nominated by me to Frederick Kurtz. The resolution has been changed to reflect the new names and their resumes have been distributed to you with the possible exception of Joseph Arena, which I distributed to you tonight. Mr. Arena was traveling on Friday and did not get back to me until late Friday. For those of you who do not know Mr. Arena, he is a member of the EDC and he is presently a senior vice-president for underwriting mutual bonds with a company in New York and he is the current and former president of the Foxboro Village Homeowner's Association.
Councilman Greene: You are asking us to re-vote on this because two of the members do not meet the qualifications and are there any other reasons why we are voting on this tonight? Perhaps you did not advertise it prior to the last meeting or because we did not have resumes at the last meeting and that is why we are voting on it again.
Mayor Phillips: The only reason I am asking you to do this is because the last time I proposed the five nominees, although the State law does not preclude non-residents from serving on the redevelopment agency, but by our ordinance the members must be residents, and that is why I am substituting these two individuals.
Councilman Gillespie: I would like to say a few words on behalf of Joe Arena who served on the EDC, he has not been on as long as some of our other members, but he also served on the sub-committee that helped develop the Crossroads Plan and was instrumental in preparing the plan and helping us formulate it and I think he would be a good addition to this authority and he also lives in Ward V where the development is going to take place. So at least in that one project he has first hand knowledge and experience and is a resident, so I think this is an excellent appointment.
PUBLIC COMMENTS
Linda Seiler: Addressed the Council with respect to the nominations to the Redevelopment Agency and that under State law they should be made by the governing body. Under the Faulkner Act, the governing body is the Council and not the Mayor. There are also some questions with regard to the receiving and posting of resumes which was not done. You are certainly not following your own rules and codifications. Furthermore Mr. Volkert's brother was appointed and he voted on the nomination and that is a conflict of interest and an ethics violation. Also have meetings been set?
Attorney Convery: There is some confusion because the State has chosen to use the term governing body, but if you dig deeper into the statutes it indicates that they could be talking about an action of either the legislative branch or the Council or in the alternative the administrative branch. If you give me an opportunity, I will get you that cite. The ordinance that allows for those appointments was adopted by this Council and it was sent to the local finance board for review and approval. It was approved. The appointments spelled out in that ordinance set up a Class A and Class B. The appointments made by the Mayor are pursuant to that ordinance and so approved. The Council appointed one of its own members, Mr. Testino, which was also an approved appointment. It is my belief that all of the appointments have been made pursuant to proper authority under our approved ordinance.
With regard to the posting of resumes, if the Council were going to make the appointments then they would have to have the resumes prior to the appointments; this is not the case.
Councilman Testino: Just to advise the speaker and the rest of the Council, I have contacted the Clerk and requested a couple of dates for this a meeting and it will either be November 23rd or November 30th and I will act as the chair until the committee comes together and organizes and they elect a chair and then we will have a secretary and we will have regular notes.
Ann Miller: Expressed her concerns over Vet's Park and the roadway and is in agreement with the purchase of same.
Councilwoman Panos: Do we have an ethics board in town?
Attorney Convery: I wrote to the State on this matter asking that they confirm whether or not the ordinance in place within the township is an approved ethics board ordinance that rightfully establishes same. I have not as yet gotten a response, but I will follow up. If a municipality has its own ethics board, then that board has jurisdiction over an ethics complaint in that town. However, if you do not have an approved ethics board, then any ethics complaint is referred to the local finance board and they set-up the procedure for the hearing. I just want to have the State verify that we have an approved ethics board in effect.
Councilman Gillespie: We should put on the record that our ethics code predated State law in this matter, so in certain respects things that we had done were superceded by the State in particular the form. If you check, the majority of towns in the State have opted to use the local finance board. If we are concerned that we do not have a functioning board, it is an option that we should consider looking into.
Councilwoman Panos: I know that there have been ethics charges brought up in this town, what has happened to the charges that were filed within the past two years?
Attorney Convery: I will try to get an answer by next Monday.
Mayor Phillips: I spoke with John Muir who showed me his file, and according to him the last case referred to the ethics board was the matter regarding Councilman Hoff. Other than that, people have said that they filed claims with the ethics board, but they have not found their way to the ethics board.
Councilwoman Panos: Well, where are they?
Mayor Phillips: That is a very good question. I don't know where they are and neither did John. When Mr. Convery came on board, I asked him to look into the matter of the ethics board. I feel that if someone thinks that they have a matter that they want to bring before an ethics board that they should file it directly with the State.
Councilwoman Panos: I know there were two complaints filed with the Clerk's office what happened to them?
President Baker: Let's give Mr. Convery some time to get back to us.
Councilman Calogera: I would like to know why there is no provision on this agenda for Council Comments.
Attorney Convery: I will review our ordinance and let you know on Monday.
EXECUTIVE SESSION
RESOLUTION No. 608
the public be excluded from this meeting pursuant to NJSA 10:4-13 for the discussion of the following matter or matters:
Nike Site – Acquisition Discussion
BE IT FURTHER RESOLVED that this meeting shall reconvene in public session in ten minutes and that the minutes or other record of these discussions shall be available to be disclosed to the public in sixty (60) months unless a sooner date is determined by vote of the governing body at a public session.
Moved by Councilman Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, President Baker.
NAYS: None.
ABSENT: Councilwoman Panos
Motion to adjourn made by Councilman Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, President Baker
NAYS: None.
ABSENT: Councilwoman Panos