OLD BRIDGE TOWNSHIP COUNCIL
AGENDA MEETING
December 6, 2004
An Agenda Meeting of the Township Council of the Township of Old Bridge was held on Monday, December 6, 2004 in the Municipal Complex. The meeting was called to order at 8:05 p.m., by President Baker who invited all present to participate in a salute to the flag, which was followed by a short prayer. President Baker requested a moment of silence for our troops who are in harms way.
Deputy Clerk Stella Ward announced that this meeting was being held in conformance with the Open Public Meetings Act and was published in the newspaper. Roll Call by Deputy Clerk Ward showed the following answering present: Councilmen Greene, Testino, Volkert, Councilwoman Panos, President Baker. Councilman Gillespie arrived at 8:15 p.m.; Councilman Butler arrived at 8:55 p.m.. Councilmen Calogera and Maher were absent.
PROCLAMATION
Proclamation recognizing National Pearl Harbor Remembrance Day – December 7th
Mayor Phillips presented a Proclamation on behalf of himself and the members of the Township Council, marking the remembrance of Pearl Harbor to John Antonozyn, Post #6761 and Joe Napitello, Post 9768.
John Antonozyn: I am a service officer of Cheesequake Memorial Post. As the veterans of foreign wars, we are here today to pay tribute to those who have paid so dearly for our freedom. Many were killed or wounded at Pearl Harbor and a great portion of the U.S. Pacific fleet was destroyed. After World War II, the U.S. was deemed the greatest economic power as well as the world's peace keeper. We are here this evening to pay homage to those who paid the price for our freedom and we want to say thank you to these brave men and women.
Joe Napitello: On December 12th, Post #9468 will have a memorial as Sewaren. We invite all to come there and participate in the dedication.
President Baker: On behalf of the Council, Administration and the residents of Old Bridge it is our honor to be in your presence and we thank you for being here and for your service to our country.
COUNCIL ACTION – 12/06/04
RESOLUTION OF THE TOWNSHIP OF OLD BRIDGE AUTHORIZING APPLICATION TO BE SUBMITED TO THE NJDEP FOR ENVIRONMENTAL SERVICES GRANT
RESOLUTION NO. 622
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, the New Jersey Department of Environmental Protection, provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and
WHEREAS, the Township of Old Bridge wishes to apply for a grant from the New Jersey Department of Environmental Protection, in the sum of $2,500.00 to identify and inform the public of the importance of the waterfront, or of linkage between open space and population areas.
WHEREAS, the State shall determine if the application is complete and in conformance with the scope and intent of the Program, and notify the applicant of the amount of funding award; and
WHEREAS, the applicant is willing to use the State's funds in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the State for the above named project;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that Mayor James T. Phillips is hereby authorized to:
(a) Make application for such loan and/or grant
(b) Provide additional application information and furnish such documents as may be required
(c) Act as the authorized correspondent of the above named applicant, and
BE IT FURTHER RESOLVED, by the Old Bridge Council that:
1. That the Mayor of the Township of Old Bridge is hereby authorized to execute an agreement and any amendment thereto with the State in regard to a grant for the purpose of identifying and informing the public of the importance of the waterfront, or of linkage between open space and population areas;
2. That the applicant has its matching share of the project, if a match is required in the amount of $2,500.00; and
3. That in the event the State's funds are less than the total project cost specified above the applicant has the balance of funding necessary to complete the projects; and
4. The applicant agrees to comply with all applicable federal, state and local laws, rules and regulations in its performance of the project
5. That this resolution shall take effect immediately.
Motion made by Councilman Testino, seconded by Council President Baker and so ordered on the following roll call vote:
AYES: Councilmen Greene, Testino, Volkert, Councilwoman Panos, President Baker
NAYS: None
ABSENT: Councilmen Butler, Calogera, Gillespie, Maher
President Baker opened the meeting to the public. Seeing no hands, he closed the public portion.
Prior to the roll call vote the following discussion took place.
Councilwoman Panos: Sometimes I take issue with taking action at an agenda meeting. Is this the instance Blanche Hoffman from the Environmental Commission came here last week to discuss?
President Baker: Yes.
Councilman Testino: For the record, the background on this is a matching grant for the Environmental Commission to put together a Greenway study and this is our appropriation so we can get the grant, so I'll be supporting this.
RESOLUTION REQUESTING EXTENDED SECOND ROUND SUBSTANTIVE CERTIFICATION
RESOLUTION NO. 623
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey:
WHEREAS, the Township of Old Bridge received substantive certification from the New Jersey Council on Affordable Housing (COAH) on January 8, 1997 for a period of six years, and this substantive certification has expired on January 8, 2003; and
WHEREAS, COAH adopted rules that permitted municipalities to request an extension of substantive certification upon filing a resolution committing to continue the implementation of second round plans and committing to petition for certification of a third-round plan within one year of the effective date of COAH's third-round rules; and
WHEREAS, the Township of Old Bridge adopted said resolution on November 25, 2002 and COAH an extension to Old Bridge Township's substantive certification on January 8, 2003 pursuant to rules that were previously adopted by COAH: and
WHEREAS, the Appellate Division of the New Jersey Superior Court ruled on August 31, 2004 that while COAH has the authority to extend substantive certification, the process used to do so must be revised to include public notice and a principled review of municipal compliance; and
WHEREAS, pursuant to the Appellate Division order of August 31, 2004, COAH has adopted an emergency rule at N.J.A.C.5:91-14.3 permitting the extension of a municipality's second round substantive certification for up to one year after the effective date of the adoption of COAH's third round methodology and rules; and
WHEREAS, N.J.A.C.5-91-14-3 requires The Township of Old Bridge to request an extension by motion pursuant to N.J.A.C. 5:91-12 and to provide public notice thereof; and
WHEREAS, to be eligible for a grant of extended substantive certification, N.J.A.C.5:91-14.3 requires the Township of Old Bridge to provide a copy of its adopted current Housing Element and Fair Share Plan; and
WHEREAS, to be eligible for an extended grant of substantive certification, N.J.A.C.5:91-14-3 requires the Township of Old Bridge to commit to continue to implement the certified second round plan; and
WHEREAS, to be eligible for a grant of extended substantive certification, N.J.A.C.5:91-14.3 requires the Township of Old Bridge to commit to either file a newly adopted housing element and fair share plan addressing the third round obligation with COAH within one year of the effective date of COAH's third-round rules and methodology, currently proposed as N.J.A.A5:91-14-3 et seq. and N.J.A.C.5:95-1 et seq., extended second round substantive certification; and
WHEREAS, to be eligible for a grant of extended substantive certification, N.J.A.C.5:91-14-3 requires the Township of Old Bridge to provide a proposed schedule for the submission of the filing of petition for third round substantive certification; and
WHEREAS, to be eligible for a grant extended substantive certification,N.J.A.C.5:91-114-3 requires the Township of Old Bridge to provide a statement of its 1987-1999 substantive certification; and
WHEREAS, to be eligible for a grant of extended substantive certification, N.J.A.C.5:91-14-3 requires the Township of Old Bridge to provide, and update as necessary, it current monitoring report and development fee monitoring report.
NOW, THEREFORE BE IT RESOLVED by the governing body of the Township of Old Bridge, in the County of Middlesex, State of New Jersey, that the Township of Old Bridge requests COAH under its procedure at N.J.A.C.5:91-14.3, to extend substantive certification for up to one year after the effective date of the adoption of COAH's third round methodology and rules; and
BE IT FURTHER RESOLVED, that the Township of Old Bridge hereby commits to continue to implement its certified second round plan and has attached hereto a statement describing the progress of Old Bridge Township's compliance with the terms of its second round certification.
BE IT FURTHER RESOLVED that the Township of Old Bridge shall leave all ordinances implementing its original substantive certification, true copies of which are attached hereto, in effect for the extended substantive certification, unless it can be demonstrated that there is good cause why the ordinances should not remain in effect; and
BE IT FURTHER RESOLVED that the Township of Old Bridge hereby commits to address its third round fair share obligation by petitioning COAH for review and certification of a newly adopted housing element and fair share plan within one year after the effective date of COAH's third round obligation by one year from the date of adoption of the rules according to the schedule attached hereto; and
BE IT FURTHER RESOLVED that Old Bridge Township's current monitoring report and development fee monitoring reports, true copies of which are attached hereto, have been forwarded to COAH for review; and
BE IT FURTHER RESOLVED that Old Bridge Township's adopted current Housing Element and Fair Share Plan, true copies of which are attached hereto, have been forwarded to COAH for review.
Motion made by Councilman Testino, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Green, Testino, Volkert, Councilwoman Panos, President Baker
NAYS: None.
ABSTAIN: Councilman Gillespie
ABSENT: Councilmen Butler, Calogera, Maher
President Baker opened this matter to the public; seeing no hands he closed the public portion.
Prior to the roll call vote the following discussion took place:
Councilman Greene: Can someone summarize this item?
Attorney Convery: Basically, this township has certification which insulates it from law suits by builders for what I will call “Mount Laurel Housing”. You have an approved plan which was approved on January 8, 1997 for a period of six years. The certification expired on January 8, 2003. Now the reason you are waiting to do a new plan is that the rules were just promulgated by COAH within the last two weeks. There was some criticism of COAH for not acting promptly, which led to the idea that each town would have to specifically request an extension of their certification. This is your official way of requesting from COAH an extension of your certification by providing them with a copy of the resolution no later than December 13th . As your attorney I am asking that you take action on this item tonight so that Sam Rizzo can put together the package and forward it to COAH by their deadline date.
Councilwoman Panos: In essence you are saying that this has to be moved for extension tonight, otherwise we lose the extension, correct?
Attorney Convery: It has to be moved tonight otherwise we do not meet COAH's requirements that you have a resolution in place requesting the extension by December 13th . So, it is possible that you could lose your certification and become vulnerable to a particular builder. This action will extend the certification until we get into the third round of the COAH rules and come up with an appropriate plan.
Councilwoman Panos: I know this has to be done tonight, but I really like these things to be done at a public meeting.
HEARING – 12/06/04
H-1 Release/Reduction Performance Guarantee – Oakwoode at Old Bridge
Bond SU5002811 Single Family 4A & 4B
Bond SU5502813 Single Family Section 13
President Baker: This has been postponed and a new date will be set. There are people here this evening regarding this matter and I think we should hear from them about the idea that there will be a new hearing set-up and that they will be notified if they are within the development. I suggest that you write down your name and we will make sure that you are properly notified of the new date. I would agree that you have every right to be notified and no action should be taken unless people who need to be notified are.
Councilman Testino: Can we try to coordinate so that the next meeting is at their convenience?
President Baker: It would frustrate me if I came to a meeting and wanted to be heard, I might want to be heard that evening, so if you want, we will hear you tonight or you can wait until proper notice and you want to come to another meeting, we will wait. The Clerk has advised me that the township does not notify you. The notices are sent by the developer.
Mary Meyer: There is a severe water problem from the creek since the bad rains in November. The creek overflowed and washed away all rocks from the property. An e-mail was
sent to the Mayor regarding this. The creek was cleaned, but I would like to know if it will be maintained now so that it does not happen again?
President Baker: I am asking that you give us ten days to get back to you. Mr. Jacobs will look into the matter and advise you.
Gwendolyn Massey: From the day I have moved in I have had mud issues since I moved in and no one has addressed them. Now, Hovnanian is building more houses and there will be more drainage issues. I pay a lot of taxes and I want someone to get some relief for me with my problem.
President Baker: You will be notified as to when the developer will be here and you will be heard. This developer will not have their bond released until all the requirements have been satisfied.
Thomas Landi: I live at 46 Prest's Mills Road and there is a problem with trash blowing all over the street from the construction site. I have written and faxed letters to both the township attorney and the builder and nothing has been done. I think our neighborhood should be fixed up first before there is new building.
President Baker: We will listen to all your complaints when the hearing for this developer is rescheduled. You will be notified and the meeting will be scheduled in the first quarter of 2005.
Councilman Testino: Mr. Landi mentioned garbage, I would like Code Enforcement to go out and review the matter and enforce the matter.
Mary Meyer: I live at 79 Greenwood Drive in the Arbors and since last August, when we had that very bad rain, my property was deluged with water. It happened again in November and it washed away all the rocks from the property. We sent e-mails and pictures to the Mayor as to how our properties were impacted. I did call the newspaper and that is how I got results and the creek was cleaned out. Now the problem is will this be a “band-aid” for it or will the creek be maintained.
President Baker: This is a different area than what we were previously discussing, but we will hear your problem tonight and we will get back to you within ten days. You will be hearing from our business administrator, Michael Jacobs, with a plan of action.
ACTION ITEM – 12/06/04
LIQUOR LICENSE
RESOLUTION NO. 624
WHEREAS, application has been filed for a person to person and place to place transfer of Plenary Retail CONSUMPTION License #1209-33 -018-006 ; heretofore issued to CROSSING AT OLD BRIDGE LIQUOR,LLC (POCKET LICENSE) for premises located at 1 JOCAMA BLVD., Old Bridge, New Jersey to QUATRO, LLC for premises located at 2280 ROUTE 9 SOUTH, Old Bridge Township, New Jersey; and
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; and
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 the person-to-person and place to place transfer of the aforesaid plenary retail Consumption license from its former location at 1 Jocama Boulevard, Old Bridge to QUATRO, LLC, 2280 ROUTE 9 SOUTH, OLD BRIDGE, NEW JERSEY effective DECEMBER 6, 2004 and does hereby direct the Township Clerk to endorse the license certificate as follows: This license, subject to all of its terms and conditions is hereby transferred to QUATRO, LLC for premises located at 2280 ROUTE 9 SOUTH, Old Bridge, New Jersey, effective DECEMBER 6, 2004 A
BE IT FURTHER RESOLVED that said transfer is hereby conditioned that no go-go dancing be allowed.
Moved by Councilman Gillespie, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Gillespie, Greene, Testino, Volkert, President Baker
NAYS: Councilwoman Panos
ABSENT: Councilmen Butler, Calogera, Maher
President Baker opened this matter to the public, seeing no hands President Baker closed the public portion.
Prior to the roll call vote the following discussion took place:
Clerk Saracino: We have received all the approvals from the various departments and there are no objections and they are getting ready for the closing so this needs action tonight.
Councilman Greene: Is this a consumption license and it does not allow for retail sales, is that correct?
Clerk Saracino: These establishments have package goods on site and they can sell their goods.
APPROVAL OF MINUTES – 12/13/04
October 18, 2004 – Agenda & Executive
October 25, 2004 – Regular
November 8, 2004 – Combined & Executive
November 15, 2004 – Agenda & Executive
November 22, 2004 – Regular
Move-up
BUDGET AMENDMENTS
RESOLUTION NO. 625
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 SFY 2005 was introduced the 16th day of August 2004; and
WHEREAS, the public hearing on said budget has been held as advertised; and
WHEREAS, it is desired to amend said introduced budget.
NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey, that the amendments to the introduced budget of SFY 2005 be made as per the attached.
BE IT FURTHER RESOLVED that the proposed amendments will be advertised in the Home News Tribune on Thursday, December 9, 2004;
BE IT FURTHER RESOLVED that the public hearing will be held on the proposed amendments on Monday, December 13, 2004;
BE IT FURTHER RESOLVED that three certified copies of this resolution be filed forthwith in the office of the Director of Local Government Services for his certification of the 2005 local municipal budget so amended.
Moved by Councilman Gillespie, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Testino, Volkert, President Baker
NAYS: Councilman Greene, Councilwoman Panos
ABSENT: Councilmen Calogera, Maher
Prior to the roll call vote the following discussion took place:
Attorney Convery: You have a form of resolution in your packet indicating that you would be resolving to introduce these amendments to the budget this evening and you are further resolving that this will be advertised in the Home News on Thursday, December 9, 2004. You are further resolving that you will be holding a public hearing on December 13, 2004 and at that time you will take formal action on adopting the proposed amendments. This evening you are introducing the amendments shown in the hand-out. It would be appropriate this evening to take action on the introduction of these amendments so that it can be advertised and the public hearing can be held.
Mayor Phillips: I am pleased to continue the policy of tax stabilization. This will make three years with no increase in the tax rate.
Councilman Testino: I am glad that the Mayor was able to find the additional revenue and make some cuts here. I think we should move this a get to the final stage so we can get on with the rest of our programs for the year.
Mayor Phillips: The reason you did not get more state aid is that you have $6 million dollars in surplus and anytime you show this much in surplus, they do not think that you are very needy.
Councilman Greene: I have a philosophical difference with the way the budget is constructed. I have a concern with the amount of “one shot revenues” that are being used in order to put this budget together. I appreciate the fact that ultimately we end up with a no tax increase, but I have real big concerns as to how we do it. Ultimately, what it means is that next year we are going to have to come up with several million dollars in revenues because we are not going to have the one shot deals available. For instance, the sale of land $737,000.00, not only is this a one shot revenue that we are not going to have next year, but it also represents a diversion that I made as a council member to the residents to use money from the sale of lands to go into an open space fund. That is not being done, it is being used to close the budget gap and the 2-3 cents that Mayor Phillips was looking for to prevent a tax increase. I will vote no on these amendments and next week when we go over the budget I'll have more details and certainly will vote no on the budget.
President Baker: If you have more comments now is the time to make them.
Councilman Gillespie: I understand Councilman Greene's concerns, but if separate from just saying you don't like the fact that there are one shot revenues in the budget, if you want to put a proposal on the table to raise taxes by that amount then by all means go ahead and do it. I think that working with this administration we started off in a position where we were looking at a three cent increase. There was a commitment by at least the majority members of this council not to have a tax increase this year and again, if you are concerned about the way it is being done, I would submit to you that you should put on the table a tax increase to make up the difference in revenue or come up with cuts that you think are suitable to meet that amount. We have been going through this process, we had budget workshops on this and again while using one shot revenues is not the desirable way to go, we have to look at generating sustainable amounts of revenue. I want to commend the administration for coming up with this and again three cents for a town our size, given that a penny in our budget is $340,000, and coming up with nearly one million dollars to offset that type of an increase is a significant accomplishment and I'm glad it was done.
I have another question, regarding the Court expenses, there was two items under “A” on page 3,that I would like the finance officer to clarify whether or not the court expenses is the entire amount and is it inside the cap?
Himanshu Shah: Yes.
Councilman Gillespie: Also, the PFRS, other expenses, can you explain to me what the increase is, the original was $343,000 and now we are looking at an additional $120,000?
Himanshu Shah: When we put together the figures for the contribution this is the adjustment to reflect the additional amount for PERS. (inaudible)
Mayor Phillips: The increase in the PERS is not because we have an increase in employees, but we have to pick-up a larger share of the proportion of the pension; for five years it was subsidized by the State.
President Baker: We have gone through the budget workshops and all the Council has had an opportunity to work through these workshops and I am very pleased to be part of the Council and Administration that has no municipal tax increase.
Councilman Greene: Obviously, and certainly as a councilman, I feel there should be some debate on this dais and when Mr. Gillespie says that if I don't like what was done then I should call for a tax increase that is absurd. The budget is made up of many different things; for instance administration has a lot of control over hiring. About two years ago I was the one who initiated a wage freeze and I did not see any resolution by this Council doing away with that freeze and certainly, we have had a lot of hires and we have had wage increases for township employees that exceeded the 3.9% that was negotiated by the unions, so there are a lot of things that went into this budget. There were purchases of police cars, et cetera and for you to say that I am in any way in favor of a tax increase, all I am saying is that I clearly have a difference with the way this budget is structured and clearly I feel that this administration is going to rely on the money from the sale of Crossroads to balance the budget next year and the next few years, that is what this is all about. This budget like the State's budget is flawed and I don't appreciate the attack that I want to increase taxes. If we continue the spending that we have in this budget we will be in a deficit next year.
Councilman Testino: Maybe, Mr. Greene is saying that we're in the same philosophy for a zero increase, so if he could lay out cuts to get to the zero increase and then we could see a list of cuts that come up to one million dollars. I think it was a hard fought budget, a new mayor coming in to a new administration and to try and find and fix holes that he was left with and I thought he did a spectacular job and I challenge the school board to do the same because that is where most of our money is going to. I am proud to say that we got at least 3 years of zero increase in the tax rate so I am going to vote for this knowing that the future is always been projected as doom and gloom, but I am calling upon the mayor to see what he can do for next year to try and hold the line again. If you are with us on the zero increase, then stay with us, if not then give us another route that will get us to the zero increase. I am a proponent of the police cars, I cannot see the guys driving around with their feet using the Fred Flintstone brakes, so we need these guys on the road and we have to give them the right equipment and I will continue to support this.
Councilman Gillespie: It is certainly not a personal attack and I hope that Councilman Greene does not view it as such, but a budget is a matter of choices and priorities. If you don't like the revenue that is in this budget that will result in a no tax increase budget, I was simply pointing out the fact that you are free to propose and advocate for a 3 cent increase. As you mention, Crossroads is about this absolutely, and providing for this township an additional ratable base just as the EDC was charged with doing and instead of relying on one shot revenues, it would provide revenue in a sustainable way that would not burden our school system or overly burden our township services and would be an overall plus. If that is how you want to characterize Crossroads, that is correct and I agree. If you don't like the budget, then you have an obligation as a responsible elected official to say I want a tax increase because those are the choices we are facing.
Councilman Greene: I just want to say that I supported the police cars and that I do not have a problem with the purchase.
Councilwoman Panos: I don't understand why the EDC budget was $95,000 and they were budgeted $85,000 last year and there is still $50,000 going into it from Planning. They have their own line.
Himanshu Shah: (response inaudible)
Councilwoman Panos: With regard to the redevelopment agency, that is a lot of money for something that is only going to be in effect for six months. What is that budgeted for?
Himanshu Shah: $75,000.00.
Councilwoman Panos: That is basically for six months.
Himanshu Shah: I needed “seed” money when we filed the plan with the State. (inaudible)
Councilwoman Panos: I know we brought the police cars, how many Expeditions did we purchase and we have new furniture coming in here that looks very expensive. We have champagne taste with beer pockets. We should not be doing this. Why are we spending so much money like $75,000 for the redevelopment agency when it is only a six month thing?
Mayor Phillips: I think your question was in 3 or 4 parts. If you are asking why we brought off road vehicles, it was on the recommendation of the police department. It was voted on before this council, so you had a chance then to talk about it. We need these vehicles on-hand in case there is a snow emergency. You ask about the cherry wood furniture, I am told that it is pressboard furniture with a thin veneer and Mr. Jacobs, as the administrator ,came up with a new design for the office which he thought would make the office more efficient and more accountable. As far as the EDC is concerned, we went to the state when it was approved by the local finance board. They asked us what we thought the budget would be and we told them $75,000. The first mission of the redevelopment agency is to come up with a budget for them and I do know that at their reorganization meeting they retained the services of an executive director who will work for $1 per year so you can rest assured that not much of this money is being used as salary. Also understand, that this land that is being studied was purchased with taxpayer money, if it is going to be marketed, it should be done in the correct way and give us the largest return on the investment for Old Bridge Township. Those decisions remain in the future and exactly how the people of Old Bridge will benefit from it. A $75,000 investment is very small on something that we hope will return millions of dollars to the people of Old Bridge and I think they should have the tools to work with to get the very best possible bid.
Councilwoman Panos: I respectfully disagree with that amount. With regard to the passport agency, do we make any money off of this?
Michael Jacobs: Yes we do, I had the numbers run and it appears to be 2 for 1. We are taking in twice the amount of revenue as it is costing us.
Councilman Greene: On the amendments, do you need six votes?
Attorney Convery: This is only the introduction, so a simple majority is needed.
CONSENT AGENDA
C-1 Refund of deposit for purchase of land at last land auction in the amount of $14,000 (Block 13005 – Lot 30 deposit of $7,200 & Block 13005, Lot 31 $6800. (JJC)
C-2 Renewal of License for 2005 for Auto Race Track with addendum – Raceway Park (RMS)
C-3 Approving purchase of 2005 Chevy Blazer 4WD from Warnock Fleet, 176 Rt. 10, East Hanover, N.J. in the amount of $17,953.00 pursuant to State Contract 53132 (financed through MCIA) (CERT #1294) (JV)
C-4 Authorizing extension of contract with Apruzzese, Mc Dermott, Mastro for certain labor matters in an amount not to exceed $15,000 (AFFIRM ACT) (CERT. #1295) (MSJ)
C-5 Designating substitutions of depositories: Bank of America successor to Fleet Bank and Provident Bank as successor to First Savings Bank (HS)
C-6 Approval of Change Order #1 (Final) for Contract #01-22 to Defino Contracting, Inc., for Pavement Rehabilitation at Canyon Woods Development, to increase contract amount by $1,230.00 from $173,870.67 to $175,100.67 (AFFIRM ACT) (CERT. #1299) (JV)
C-7 Authorizing Change Order #2 (Final) for Contract #03-33, Inverness Drive Park & Ride Facility, to decrease contract amount by $4,843.00 from $440,020.00 to $435,177.00.
(JV)
C-8 Temporary budget appropriation for fiscal year 2005 – current budget in the amount of $1,815,950.00 and Arena Utility in the amount of $62,500 totaling $1,878,450.00 (HS)
C-9 Approval of Bingo/Raffle Licenses
RA:10-05, Laurence Harbor Fire Company
RA11-05, Holmdel Foundation for Ed. Excellence
RA:12-05, St. Ambrose Combined
RA:13-05 St Ambrose
BA:14-05, BA:15-05 and BA:16-05 St. Ambrose
C-10 Resolution authorizing additional appropriations for extension of contract to Large Doc Solutions for Document Imaging in the amount of $100,000.00.
(CERT. #1298) (AFFIRM. ACT.) (HS)
C-11 Resolution authorizing contract with S & M Electric Company for emergency repairs to the traffic light on Morristown and Gordon Road on September 5th, 24th, and 26th, 2004 in the amount of $3,013.10 Nunc Pro Tunc. (CERT. #1296) (AFFIRM. ACT.) (HS)
C-12 Resolution authorizing contract with Miller Landscaping for emergency repairs from cave-in on Middlesex Road on October 26th, 2004 in the amount of $2,000.00 Nunc Pro Tunc. (CERT. #1297) (AFFIRM. ACT.) (HS)
C-13 Awarding contract for Snow Removal Services. (HS)
Move Up Entire Consent Agenda
PRESENTATION OF DONATION (12/13/04
Donation to Camp Robin Program by Larry Redmond from the Kiwanis.
Move-up
CERTIFICATES OF RECOGNITION
Sayrewood South Little League District Winners (RG)
Councilman Testino: I am glad that Rich has the Sayrewood South Little League coming in but, because of past experiences, I would like to see the proclamation in advance and make sure that the entire Council and the Mayor are joined in. I know that Rich has not done this in the past, but if we are moving it up as a Council, I am glad to have him stand out there and represent the Council. I just like to make sure that is the protocol from now on and that we should invite the Mayor to join in the handing out of the awards.
President Baker: I agree with you and if I can speak for Mr. Greene, I would like to see the document given from the Council and Administration.
Councilman Greene: As a matter of fact, when I spoke with Mr. Baker beforehand, and my position is certainly one where all the Council members and the administration should have a 100% role in this presentation.
President Baker: Let's make sure that the Council gets a copy of this certificate before the meeting.
COUNCIL COMMENTS
President Baker: The purpose of this meeting is to get everything in order so that the next meeting goes kind of smoothly. It would disappoint me that we would have to repeat what we said tonight as this is the night for debate.
Councilwoman Panos: I have questions about the ATM machine; why do we have it; do we make money from it; the name of the bank involved?
Attorney Convery: I have one reason. I have been an attorney for 30+ years and when a judge looks at a defendant and says $250 fine and I want it now, very often the defendant goes out of the courtroom, finds an ATM machine and comes back., My guess is that the Court is more than happy to have the ATM machine on the premises.
Himanshu Shah: We do not make money, we only provide the space for the machine. The bank is Amboy National.
Councilwoman Panos: Who picks up the money and takes it to the bank?
Himanshu Shah: The bank.
Councilwoman Panos: Someone said our police officers take the money to the bank, is that true?
Chief Collow: Police will assist in escorting the funds to the bank if we are requested to do so. It is something we do as a courtesy, if we are requested.
Councilman Gillespie: It might seem strange to have an ATM in the lobby, but given the fact that the municipal court does so many transactions, it makes the collection of fines and payments much more efficient.
Councilwoman Panos: Why was Amboy Bank chosen over other banks that we do business with?
Himanshu Shah: (response inaudible)
President Baker: You are saying it was basically a good business decision.
PUBLIC COMMENTS:
Linda Seiler: Expressed concern regarding the passport policy and why the library turned down the extra time for processing these passports. I would like to have a hard copy of the agenda on Friday, there was not one posted on the board in the Clerk's office. One was provided, but I was not permitted to take it home. These Agenda meetings should be televised as a lot of good data is dispensed. It is important that the public see these. With regard to the tax increase, did anyone ever think that the taxpayers would like a tax decrease? I am glad we held the tax rate, but I would rather see them cut.
MOTION TO ADJOURN
Motion to adjourn at 9:45 p.m. made by Councilman Testino, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher
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William Baker, Council President
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Rose-Marie Saracino, Township Clerk
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