OLD BRIDGE TOWNSHIP COUNCIL
AGENDA MEETING
March 1, 2004
An Agenda meeting of the Township Council of the Township of Old Bridge was held on March 1, 2004 in the Municipal Complex. The meeting was called to order by President Baker who asked all present to participate in a salute to the flag which was followed by a short prayer.
President Baker asked for a moment of silence for our troops in harm's way.
Deputy Clerk Stella Ward announced that this meeting is 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 places. Next meeting of the Council will be March 8, 2004 at 8:00 p.m.
Roll call at 8:05 p.m. by Deputy Clerk Stella Ward showed the following members present: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker. Councilman Gillespie arrived at 8:10 p.m.
APPROVAL OF MINUTES
January 26, 2004 -- Combined Meeting
February 2, 2004 -- Agenda Meeting & Executive Session
February 9, 2004 --Regular Meeting
HEARING
H-1 Release/Reduction Performance Guarantee – Treasure Island Self Storage
John Vincenti: Originally Treasure Island came in for bond release. As you may be aware this is the self-storage facility at the intersection of Amboy Road and Route 34. Based on our inspection there are a number of minor items that are not completed. Some landscaping has died. Additional grading along both road frontages that are deficient. At this point what we are recommending is only a 70% reduction. Currently we're holding a performance bond in excess of $520,000.00, ten percent cash, almost $58,000.00. Our memo outlines the recommended 70% reduction. The bond would be reduced to $156,154.20 and the cash would be reduced from the $58,000.00 down to $17,350.00. As I said the remaining items are more or less a replacement of the work that was done. All the other main site improvements are done to our satisfaction.
President Baker opened the public portion for H-1. Seeing no hands President Baker closed the public portion.
Councilman Greene: I'll speak for both of these items, bond reductions. Why are we approving them tonight, on an agenda meeting? There were other items where we were asked to approve an item but we had a meeting and we found out some information. Why are we being asked on a normal agenda meeting to approve this item. Shouldn't it be done next meeting at the regular meeting?
President Baker: John, can you respond to that?
John Vincenti: Yes. As you are aware, Mr. Greene, the clerk's office gets a large number of these requests for bond reductions and releases. What we try to do in conjunction with the clerk's office is to try and space them out amongst all of the council meetings. It's not uncommon for us to deal with bond releases on agenda meetings. We've done it before in the past. This is not a special case here on either one of these two items.
Councilman Testino: In fact, Rich, I think I started that when I was a council president.
Councilman Greene: There is some concern this meeting about some items being moved up for the first time and I just wanted clarification on that. I know we have voted on some of these in the past but quite honestly I didn't know if it was because the administration wanted to move on it. But even though I have been here a couple of years it gave me a nice explanation, in fact, if you want to pace this out, that's fine by me but this is the first I've heard of that and I certainly understand your explanation.
Councilwoman Panos: I assume everybody was notified in the 200 feet.
John Vincenti: Yes, the required notices on this went out. The clerk's office was provided with the appropriate affidavits and the green cards.
MOTION
by Councilman Butler for release/reduction performance guarantee Treasure Island Self Storage, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker
NAYS: None.
H-2 Release/Reduction Performance Guarantee – Park's Edge at Cheesequake
John Vincenti: This is a single family subdivision located adjacent to Cheesequake Village, it's approximately ten homes. This item has been scheduled and then put off probably three or four times in the last year and a half. What we have been trying to do is get the developer to address all of the outstanding issues of the homeowners. Attached to our memo are a number of letters dating back quite some time with respect to some issues that the homeowners have had. Based on our review of these, the only outstanding issues to my knowledge are non-bonded related. Therefore we are recommending the release of the performance guarantee. For additional information in February, 2001 the performance guarantee was reduced by 50%. At this point all the bonded items, subdivision items are installed to our satisfaction. What we did is we re-issued our memo dated today, the same memo was actually circulated approximately two months ago. The recommendation is for a release subject to posting of a maintenance bond in the amount of 15% of the original performance guarantee. Item #2 of this memo submission of the As-built drawings, those have come in, so this memo really is not accurate as it reflects the As-built drawings, same with the letter of compliance from Freehold, so all that did come in,and we have that in our file. So the second contingency would be the developer applying for Title 39 for Tudor Court, essentially for the enforcement of the stop sign at the intersection of Tudor Court. The third is an issue related to the detention basin. Based on our current ordinance we've calculated a required contribution of $4,514.94. That basin is in an easement on a corner lot currently being maintained by the developer and once the bond is release it would become the maintenance responsibility of the Township.
President Baker opened the public portion for H-2. Seeing no hands, President Baker closed the public portion.
Councilman Calogera: Just briefly, John, the roadways in there, they are turned over to Title 39 which means that we're going to be responsible for them, right? For the repair and maintenance?
John Vincenti: Yes.
Councilman Calogera: We know that they are up to our standards?
John Vincenti: Yes, we did the pavement cores on them and they came back satisfactory. The condition of the road is satisfactory. We're going to get a two year maintenance bond on that for an additional two years.
Councilman Calogera: The curbs in there are ours?
John Vincenti: Everything is ours.
Councilman Calogera: Is that rolled concrete or are they Belgium block?
John Vincenti: I believe it's Belgium block.
Councilman Greene: There is a provision that the developer is going to pay the Township approximately $4500.00 and with that $4500.00 the Township will maintain that detention basin I guess for the life expectancy of the basin. It seems to me that's a small amount of money. I'm not complaining quite honestly in particular for this application which I supported but I would suggest that the Township revisit the calculations as to how this figure is arrived because I think that the Township's course in terms of equipment and personnel certainly escalates and perhaps we can come up with a more appropriate dollar amount that would be acquired by the developer in order for us to take over and maintain the detention basins for the life experience. Whoever it is in the Township who oversees this calculation perhaps you can revisit it and we can see if it certainly needs to be adjusted.
John Vincenti: I would agree with that and one of the changes to that ordinance that I think we could do is establish a minimum based on number of detention basins. Because there is a fixed cost associated with these and the way the ordinance now reads it's basically a sliding scale based on the number of lots and it doesn't take into account the number of basins and their size. So I would agree, I think it needs some work.
Councilman Greene: Good. So would you be the one to pursue that?
John Vincenti: In conjunction with our legal department, yes.
Councilwoman Panos: Once again, were all these people personally notified within the 200 feet?
John Vincenti: All the homeowners in the development were notified certified mail.
Councilwoman Panos: Thank you.
Councilman Gillespie: Inaudible.
President Baker: John, can you respond to that?
John Vincenti: Quite frankly, Councilman Gillespie, this was on our docket for probably a year and a half. The reason that we have sought various postponements is so that the developer addressed all of these homeowner related items, even though they were not bond related. There is one piece of correspondence from the developer here dated January 27th. My reading of this is that the developer has made a number of attempts to resolve the issues of this homeowner. They are not bond related and he is basically indicating that he's done as much as he could to resolve the issues as it relates to that one homeowner.
Councilman Gillespie: Inaudible.
John Vincenti: I know when we do get the letters from the residents we forward them to the developer. We don't add that additional language and suggestions.
MOTION
by Councilman Butler for release performance guarantee – Park's Edge at Cheesequake,contingent on posting of maintenance bond, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
DISCUSSION ORDINANCE
DO-1 Ordinance establishing rules for carry over of accumulated sick time for promotion or transfer from a collective bargaining union to non-union status.
Councilman Calogera: Do we know how many people are involved?
Councilman Testino: Right now there is only one.
Councilman Calogera: Right now were talking about just one being the Police Chief, correct? Does this apply to any other employees at all in any other departments?
President Butler: Mr. Shah can you respond to that?
Mr. Shah: Currently it only applies to the one employee but I think the purpose of this ordinance setting up in a generic way so that in any other department or any other employee that is moved from the union to management position that he would carry those things so in the future it could apply to other employees.
Councilwoman Panos: I just want to say this is a long time coming. It should have been done six months ago. I'm glad the Chief maintained a healthy lifestyle because he may have needed this and I'm all for it.
DO-2 Introduction of Salary Ordinance – Department Heads.
Councilman Greene: Could I have a copy of the current ordinance? Maybe during the week the clerk could provide that for me.
Mayor Phillips: Rich, when you look at the ordinance that exists now and the ordinance that was being proposed you're going to basically see the 3.9 over the two years. The only difference is that there were a couple of department heads who had stipends. One was Tom Badcock and the other was Brian Enright. What we tried to do is make a salary adjustment that was equitable to those stipends. In one case it was the full stipend of $5000.00 and in the other it was adjusted to a different number, a lower number, and added to it. So those are the two you're going to see. But other than that it's the basic salary ordinance with 3.9, 3.9 which I believe is traditional to give the department heads the same as you've awarded the non professionals.
Councilman Greene: That's the reason I raised the question, I wanted to know and you explained it to me whether or not there was more to it than the 3.9.
Mayor Phillips: The only difference would be the stipend. Numbers were adjusted but you'll see that when you do the comparison. They're still within range.
Councilwoman Panos: So say it's $5000.00 now that gets incorporated into their base salary? Is that what you're saying? Were raises added onto their stipends? Say they had a $5000.00 stipend and there was a 3.9 raise, did they get it on that $5000.00 also?
Mayor Phillips: In prior years it has been my understanding that the raise was not calculated on the stipend. Going forward, when a stipend is now incorporated into the salary the wage will be calculated on that but Himanshu Shah actually did the numbers and he would be able to tell you specifically how it worked.
President Baker: Lucille, does that answer your question or do you need more clarification?
Councilwoman Panos: Say down the road we have another department head who doesn't get that stipend, what happens to his base salary? I'm sure it would be based on the prior department head and now he doesn't get the stipend, is he still going to get the base salary that has an additional $5,000.00?
Mayor Phillips: To my understanding, the stipends only pertain to two department heads and we've effectively now eliminated stipends so that portion of it goes into their base salary.
Councilwoman Panos: With future hirings that will be taken into consideration I'm sure if they perform the duties.
President Baker: Mr. Shah, does this include the township clerk?
Mr. Shah: No, the Township Clerk is not part of the ordinance. Her salary is set by resolutions, it's not by the ordinance. These are the statutory positions that require the ordinance adopted by the council.
President Baker: Help me understand, is the Township Clerk and all the department heads getting this 3.9?
Mr. Shah: Traditionally, once the ordinance is adopted by the council, I believe the clerk also gets the same salary increases by resolution.
President Baker: So we need to introduce a resolution so our Township Clerk…
Mr. Shah: At the second reading of this ordinance I believe Rose-Marie can talk about it but I think that's when it's done. Once the second reading is adopted at the same time you do the resolution for the township clerk.
Councilman Testino: Can we have those numbers by Monday, what she is looking for?
President Baker: Rose-Marie can you get those numbers to council by Monday?
Councilman Testino: I want to have some parody across the board I would imagine.
Councilman Calogera: I just want to touch base on a couple of things. Department heads, nobody negotiates for their salaries, correct? Is it the position of the Mayor's office to determine that? Is that correct?
Mayor Phillips: It is my understanding and you can correct me if I'm wrong, it was relayed to me that traditionally the department heads receive the same percentage as the general distribution. I didn't think there had to be a negotiation. On some of the department heads I have spoken to and others I haven't. Do you think there should be someone to negotiate with the department heads?
Councilman Calogera: I'm not saying that they should or not. I think that there's a disparity when somebody making $20,000.00 gets a 4% raise which equates to $800.00 versus somebody who makes $100,000.00 a year who gets a 4% raise who now is getting a $4000.00 raise. So over a period of two or three years, and I know they're different jobs, but I think maybe management should be dealt with in a different light. Maybe those differences occur also because management from what I understand does not get paid for overtime. Is that correct?
Mr. Shah: That's correct, management does not get any overtime.
Councilman Calogera: Management is also capped at sick days? I'm just trying to figure out the differences here.
Mr.Shah: The sick day cap is by the ordinance that is given to all non-union employees. The same thing is given to the management.
Mayor Phillips: Kevin you have me at a severe disadvantage. These employees have not received a raise in two years. I've been told that it's been predicated on the fact that the Council had not settled some of the labor agreements and that once those labor agreements were settled it was traditional to give the same amount. If that's not your desire, if you'd like to chop it by three or four or five percent or whatever it is, you can let me know that but I'm only putting forward what the traditional means was. Perhaps next year after I have had time to work with these department heads I may come back to you with different numbers, but right now I'm only trying to give them a raise that they haven't received in two years.
Councilman Calogera: I have no problem with that. Just bring up some points to understand the process. I have no problem with giving them raises. I think they're long overdue. So we'll be moving along on this issue. I just want to in the future have people understand what's going on.
Councilman Butler: Mr. President I would like to see if we could amend this. We have Bill Ruggierio who's sitting up here who is leaving us shortly and actually I think it would be fair to give him retro pay from last July forward. I think we need to amend this.
Can we work this in while we're doing this?
President Baker: Your wish is the wish of the Council vote but I'd like to hear from the administration, Mr.Shah, Mr. Phillips.
Mayor Phillips: It's at your prerogative but I just want to make you aware that I was approached by Alayne Shepler who also left here. I have been approached by Chief Palumbo who is also under the same circumstances and there may be others who left during this time that you may not be aware of. I don't know what the cost of this would be nor do I know how many people it would apply to. So if you do any modification, please do it in such a way that I can apply it generically or not.
Councilman Butler: All I'm asking for us to do is to take a look at this, do the calculations. That's all I'm asking.
President Baker: Mr. Shah can you take a look at who this might affect, how much it would cost and report back to us in a timely fashion?
Councilman Testino: I think there was a prior resolution or administrative edict that this not be done for people who had parted. I remember we had the issue with former engineer, director of community service, and he didn't get any retro pay.
Mayor Phillips: In fact Council President, there is a resolution to that effect from this board that bars it. You'd have to be changing the resolution which you can do, it's your prerogative. That was the reason why it hadn't been considered or proposed because there's actually an edict from this Council not to do it anymore.
President Baker: Mr. Testino, Mr. Phillips, I'm comfortable with Mr.Shah's ability to get us back those numbers and if the Council wants to revisit it we'll do it at that time.
CONSENT AGENDA
C-1 Bingo Raffle RA 45-04: RA 46-04 and RA 47-04 Institute for Children; RA 48-04 and RA 49-04 Robertsville PTA; RA 50-04 Cheesequake Baseball
DISCUSSION RESOLUTION
DR-1 Change Order #2 Nunc Pro Tunc for Blaise Batko for the 9-11 Memorial Monument. (Funded from donation account).
Councilman Butler: I would just like to say that this money is not from the taxpayers' money, this money was raised and this money is being held in a donation account.
Councilman Testino: It might not have been taxpayer generated but it was serviced by the town and I want to make sure it's an appropriate change order so if everybody is signing off on it that they knew about this in advance, I would like to know why we're getting it so late.
President Baker: Mr. Shah do you have any comments for Mr. Testino or do you want to save them until next Monday?
Mr. Shah: This came up about two weeks back and we held back because we weren't sure if this qualifies under professional service or it will qualify under the public contract where if it's more than 20% of the amendment that we have to meet other requirements. In researching that we delayed this. The reason this is delayed and I will have this additional similar changes to this as further activity on the donations to build certain areas for the tax and things when the donation comes in and we need to build plaques, we'll have to amend and do the change order. We're meeting all the requirements. This particular one was delayed because between the administrations at the time and the contractor didn't really have a clear understanding of the requirement of change order that they will have to do it in advance before they go ahead and do the work and that's why we have corrected those procedures now to make sure that he does not do the work before the Council authorizes the change order.
Councilman Testino: Was this work just done recently, is that what you're saying? It wasn't done back in September?
Mr.Shah: It wasn't recently, it was done back in September, but whatever reasons the original purchase order wasn't referred to. The request for the plaque came in from the donations and was given to this person to…
Councilman Testino: I understand he did a great project but he's still with the township coffers. What is this a 10% change order, 20%, $6000.00?
Mr.Shah: I think it exceeds 20% that's why.
Councilman Testino: I don't like surprises that come in six months after the job is done. I won't be supporting it.
Councilman Volkert: Why was the material changed from the original?
Mr. Shah: The reason why we are going through this change order from the original is that this is a specialized work and this is the person we hired to do the original work and as we get requests to put plats at the memorial from somebody it has to be imprinted on the plaque and he does all the carving and all the work. So that's the reason we are going through him and going through the change order process. I believe there will be requests for more donations for more plaques around the memorial.
Councilman Volkert: The specs required 2” high and was changed to 8” high, 3' wide by 6' deep by 2” high was the original proposal and then was changed from 3' wide, 6' deep to 8” high, why? What caused that difference?
Tom Badcock: The size of the granite, the width and the height for a 2” thickness, the stability of the granite is not good. Eight inches was more required and was a field change which actually happened when the project was going on. I don't think Mr. Batko realizes the process that we do for field changes and I don't think it was put through when it should have been earlier on. It was done because of the stability of the size of that block.
John Vincenti: The original way that the sculptor spec'd the bottom slab was too thin. To go out to the monument you have two very large tall blocks of granite and when the quarry got the work request they felt that what was specified for the bottom slab was not appropriate to support it and was going to be subject to fatigue and crack. They relayed that information to Mr. Batko for whatever reason he never forwarded that change to the town until after the material was delivered and installed. At that point he's requesting the change order for the bottom slab after it was installed. This request dates back to January, he wrote it up in January. He made us verbally aware of the change as the installation was being done. The second element of the change order relates to the plaque associated with the donors. As far as that change order is concerned it's my opinion it's a justified change. We had given him a workup of all the donors. Unfortunately, the information that was passed to him was not 100% correct. The plaque was fabricated incorrectly. He had to go out and get a second plaque done because of some errors on our part. Quite frankly, some of the corporate donors were not correct, the names of the company were not correct. There were also omissions. That element I think is a valid and justified change order.
DR-2 Permission to hold an Easter Sunrise Service –Calvary Chapel at Lombardi Field for Sunday, April 11, 2004 starting at 6:15 A.M. (setup to begin at 4:30 A.M.). Service should last approximately one (1) hour.
No Discussion
DR-3 Conditional resolution supporting NJDOT Intersection Improvement Plan – Route 18/County Route 516/County Route 527.
Councilwoman Panos: I know that there are residents here that have some concerns about this tonight and maybe you could explain that next week. Next week is when they could actually speak on this, correct?
President Baker: Correct or they can speak at the end of the meeting.
Councilwoman Panos: This is down at my ward and I'm having a meeting at the Firehouse tomorrow night at 7:30 P.M. I invite any Council members to come, Mayor, I left off a flyer with your secretary.
Mayor Phillips: I can't attend, it's one of the few nights that's blocked out on my schedule.
Councilwoman Panos: If you would like to send a representative, it was just a courtesy that we would want you there. It's 7:30 P.M. tomorrow evening, at the Firehouse on Englishtown Road and Appleby Avenue.
Councilman Calogera: I know it's Lucille's ward and I remember speaking to a number of people. There is no intention to widen route 516 nor is there any intention to widen Englishtown Road at this time or in the near future, is that correct? Does anybody know?
John Vincenti: Technically portions of those roadways will be widened. They're shown on the conceptual plans.
Councilman Calogera: I just can't figure why the State would spend $24,000,000.00 to do improvements in that area of that bridge. I can see doing some limited improvements to the bridge itself but this would widen the bridge is that correct?
John Vincenti: The main focus of this project has nothing to do with the bridge. The main focus of this project is to add turning movements and ramps to make this a full service interchange. In order to do the geometry correctly, it's required that the bridge that's currently there now be replaced because you cannot retrofit the geometry of the new ramps into the existing overpass. That's why the bridge is coming down.
Patrick Gillespie: John, isn't it a fact that that bridge has reached the end of its usefulness?
John Vincenti: I really don't have the answer to that question.
President Baker: Can you get it for him?
John Vincenti: Yes.
DR-4 Resolution supporting proposed NJDOT Drainage Improvements on U.S. 9 at Jake Brown Road, MP 125.3
No Discussion.
DR-5 Resolution authorizing the Township of Old Bridge to participate on E-Bay Auction for the sale of TV Equipment.
Councilman Calogera: I think it's a good idea. I would like if we can to put restrictions on there the same as we would about township employees' families so on and so forth. Are we going to do that?
Mr. Shah: We're doing an E-Bay Auction. I don't think we're going to have an ability to restrict employees. We're not going to receive any identification about who is bidding until the bid is won by somebody and so I would not recommend that under the circumstances. The only thing is that I believe the process would benefit us because it opens up the bidders.
Councilman Calogera: I have no problem with it. I just think it might be a wise idea to put a clause in.
President Baker: Kevin's question is a legitimate one. I think it's been answered. You said we can't do it on E-bay. The employees are going to have the same benefit as the public and we can't restrict it. This is how I understand your question.
Mr. Shah: We have no ability to police that. We can certainly advise employees saying they should refrain. We have no control nor would we get information of the bidders on the E-bay.
DR-6 Resolution constituting an agreement with T-Mobile State Contract Vendor.
No Discussion.
DR-7 Resolution to cancel appropriation balance in the amount of $45.00 for the Special Legislative Grant – Geick/Vet
No Discussion.
DR-8 Resolution constituting an agreement with East Coast Emergency Lighting,Inc. to purchase equipment for police cars in an amount not to exceed $32,769.36 under State Contract. (CERT.#1208) (AFFIRM. ACT.)
No Discussion.
President Baker: Next up is DR-9, DR-10 and DR-11. If you would allow me to hold that until we hear the presentation from Mr. Ruggierio later in the meeting if that's appropriate. Rose, can we do that?
Rose-Marie Saracino: Yes.
President Butler: So we are going to hold off DR-9, DR-10 and DR-11.
Councilwoman Panos: Mr. Baker, I would ask that you indulge me on this. I had stepped out on DR-5. Does that preclude township employees from bidding on E-bay?
Councilman Greene: We discussed that.
Councilman Calogera: I'll inform Mrs. Panos about that.
DISCUSSION
D-1 Urging the Supreme Court not to take the words “Under God” out of the Pledge of Allegiance
No Discussion
D-2 Allowing the Township of Old Bridge to proudly display a pennant stating “One Nation Under God” at Town Hall
No Discussion
D-3 2004 Capital Project Requests
President Baker: Mr. Shah can you go into that now?
Mr. Shah: I recommend that the Council hold a Workshop Session. If you set up timing then we can ask all departments to be here to give you a response on each one of these items. I don't think that tonight would be appropriate. Our goal was to bring it to your attention the necessary capital projects list. So that we can start debating this we need to get some of these things in place soon, particularly sidewalk related projects, so if you could consider maybe we could set aside an hour before the next meeting.
Mayor Phillips: We just recently met on a Saturday morning to do some interviewing. If you're going to consider a Workshop Session, maybe you would want to do it when you are fresh, one hour on a Saturday.
Councilman Testino: I don't like Saturdays at all.
Councilman Calogera: I have to work Saturdays. I have to make a living.
President Baker: The only thing I would request is that we meet early enough so it doesn't go into the Council meeting. The last time we had a problem with that and I don't want to have that problem again. So, we can meet after the next Council meeting.
If you want to meet before it's got to be at least two hours before so we don't overlap.
Mr. Shah: I recommend it at the Agenda Session so that if for some reason you are somewhat delayed...
President Baker: So why don't you put it on the next Agenda Session and you're saying your comments will be limited to one hour.
Mr. Shah: We'll limit out presentations to an hour because the questions and answer could delay that. I want to make sure that all of the departments that have made requests are available to explain the project to you.
President Baker: Let's make it two hours before the Council meeting and if I can have the Council concurrence that if the session goes into the regularly scheduled Council meeting that we don't postpone the Council meeting.
Councilman Testino: We'll start at 6:00 then, right?
ACTION ITEMS
AI-1 Granting permission for Mass Assembly permit to Old Bridge Township Raceway Park For Vans Warp Tour to be held on Sunday, August 8, 2004 between 12 Noon – 8 P.M.
President Baker: I believe in your package is all the necessary permits. Before we get into questions do you gentlemen have a statement or something you would like to to say or do you just want to answer questions?
Mark Leckstein: Mr. President in the spirit of your desire to not be here until 2:00 A.M. we would be more than happy to submit our application.
President Baker: We just need your introduction for the record.
Mark Leckstein: My name is Mark Leckstein and I'm with the firm Leckstein and Leckstein, attorney for the applicant.
Michael Napp: My name is Michael Napp, President, Raceway Park.
Councilwoman Panos: I don't have a problem with this and I went to that meeting and I spoke with Mike. My biggest problem is that here tonight we have 8 action items. I really wish we don't do this. I understand two meetings with Council were cancelled with Mr. Napp. In the future to avoid any negative reactions from anybody, could we try to keep meetings, keep an open review with Napp or whoever else does it,I just want to say that I really object to having so many action items on the agenda tonight. I don't have a problem with this though.
Councilman Greene: I just want to clarify my vote and I certainly support this and I do and I don't have a problem with voting on this tonight because the owner of Raceway Park as well as his representatives came to a special meeting before members of the Council who wished to attend. It was an informative meeting and I learned a lot. It worked well because it saved a lot of time from discussing all the facts at a meeting like tonight. I also want to mention that you did have the paper work in several weeks ago and it wasn't your fault that it's being delayed so I support this tonight.
Councilman Calogera: Mike, how many people is this for?
Michael Napp: Twenty-five thousand.
Councilman Calogera: Chief Collow, do you have control of this one? Mass assembly, no problem?
Mayor Phillips: Twenty-five thousand?
Michael Napp: Twenty-seven thousand, excuse me. With sales, with employees and free tickets, we discussed the number to 27,000.
Chief Collow: I've met with Mr. Napp in regard to the Mass Assembly Van Warps Tour. We've talked about our concerns in regards to public safety and the amount of police officers that will be there and we have agreed and he understands the position of the police department in the protection for the town that the police department is satisfied that we will have adequate manpower there.
President Baker opened up the public portion. Seeing no hands, President Baker closed the public portion.
RESOLUTION AUTHORIZING PERMISSION TO OLD BRIDGE TOWNSHIP RACEWAY PARK TO HOLD A MASS ASSEMBLY FOR VANS WARP TOUR
RESOLUTION #155
WHEREAS, Old Bridge Raceway Park has requested to hold a Mass Assembly for Vans Warp Tour to be held on Sunday, August 8, 2004 from 12:00 Noon – 8:00 P.M.; and
WHEREAS, Council has reviewed the application and has determined to grant permission to Old Bridge Raceway Park to hold the above mentioned event.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission is hereby granted to Old Bridge Raceway Park to hold a Mass Assembly for the Vans Warp Tour on Sunday, August 8, 2004 contingent upon the issuance of insurance.
Moved by Councilman Butler, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
AI-2 Professional Services Litigation for Cedar Ridge II (Windels, Marx, Lane & Mittendorf) for the amount of $100,000.00 (CERT.#1209) (AFFIRM. ACT.)
President Baker: We're going to skip AI-2 as previously indicated and move to AI-3.
Councilwoman Panos: Mr. Baker, once again, this alludes the public input when we do this action at an Agenda meeting. I'm sure as we had the meeting with Mr. Knapp, that was okay. We had many residents come with concerns regarding this particular item and I can deal with that, however, I do not want the public to be skirted. This is becoming a bad habit. We are here to serve the public and they have a right to come here and all this action should not be done at an Agenda meeting. So once again, I'm for this but I resent that this isn't done at a regular meeting.
President Baker: Your comments are heard.
AI-3 Resolution Authorizing filing of complaint on behalf of the Township of Old Bridge pursuant to Chapter XX Section 11-16 “Injunctive Relief” of the Old Bridge Township Land Development Ordinance. (Breakfast Club 80)
President Baker opened up the public portion. Seeing no hands, President Baker closed the public portion.
RESOLUTION AUTHORIZING LEGAL ACTION AGAINST NEW JERSEY WINES AND SPIRITS, INC. T/A THE “BREAKFAST CLUB”
RESOLUTION #156
WHEREAS, the Zoning Officer of the Township of Old Bridge has indicated that New Jersey Wines and Spirits, Inc. t/a the “Breakfast Club” is operating in violation of the Land Development Ordinance of the Township of Old Bridge; and
WHEREAS, Michael Van Leeuwen is the principal stockholder in said corporation, and is the operator of the “Breakfast Club”; and
WHEREAS, the “Breakfast Club” is located on premises on Lot 12.11, Block 8003 of the tax map of the Township of Old Bridge, commonly known as 60 Route 516, Old Bridge, New Jersey; and
WHEREAS, said “Breakfast Club” now occupies the building formerly occupied by Fritzy's Restaurant and McGuire's Pub, which both operated primarily as a restaurant with a bar in compliance with the municipal code; and
WHEREAS, without proper permits, the “Breakfast Club” modified the interior of the premises to eliminate the restaurant use to create a dance hall, which would require a variance under N.J.S. 40:55D-70(d); and
WHEREAS, the “Breakfast Club” has failed to apply for a Site Plan, as required for any change of use in accordance with the municipal code; and
WHEREAS, the “Breakfast Club” continues to operate in violation of the zoning and construction permits initially issued, by changing the use of the premises without proper authorization from the Township; and
WHEREAS, the Zoning Official has refused to issue a new zoning permit to the “Breakfast Club” because of its change of use, and his decision has been upheld by the Zoning Board of Adjustment on appeal; and
WHEREAS, the “Breakfast Club” has initiated and continued to use “valet parking” at the premises without authorization from any official or board of the Township of Old Bridge, and without any approved Site Plan concerning said parking arrangements; and
WHEREAS, the “Breakfast Club” continues to operate in the above referenced fashion in spite of the denial of a Zoning Permit for said operation, and persists obstinately and openly in spite of the denial of its appeal to the Zoning Board of Adjustment; and
WHEREAS, the Land Development Ordinance, Section 11-6, authorizes the Zoning Officer or the Township of Old Bridge to seek injunctive relief to stop violations of the zoning code, in addition to other remedies.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Township Attorney on behalf of the Zoning Officer and the Township of Old Bridge is hereby authorized to take any and all appropriate legal action, including seeking an injunction to stop illegal and/or unauthorized operation, against New Jersey Wines and Spirits, Inc.,t/a the “Breakfast Club”, against New Jersey Wines, and its owners and operators.
Moved by Councilman Maher, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
AI-4 2004 Environmental Infrastructure Trust Financing in the amount of $6,000,000.00.
Councilman Maher: I'd like Mr. Shah to explain this to me.
Mayor Phillips: It might not be appropriate for me to say this at this time but before you vote on this I just want everyone on the Council to understand what you're voting on. My research of the Cedar Ridge, much of it is in the hands of Bill Ruggierio in negotiations and court action. One of the other things you may not have noted is that when you take this money from the environmental infrastructure trust fund it in fact limits you as to what you can do with this land. Basically, if you take this money and you apply it towards the purchase of Cedar Ridge II for all intents and purposes, you have to leave it in its' natural state. I believe I'm not overstating that, Bill, am I?
Attorney Ruggierio: No, you're correct.
Mayor Phillips: There's a lot of debate and there's going to be a lot of talk about Cedar Ridge II and what you can do with it and the amount of monies that are involved, but at the end of the day, no matter what happens in New Brunswick, no matter what happens with the settlement, when you take this funding, you, in fact, have left this open not for open space for playing fields you have left this open to where you can leave it in its' natural state.
Mr. Shah: Just to add to that we have already borrowed, I believe two years back or last year, I'm not sure exactly, we borrowed 4.2 million dollars from the environmental infrastructure. So we're asking to borrow an additional six million dollars.
Councilman Testino: So, we're already limited.
Councilman Calogera: Is that borrowed money that we're paying back? This is an outright grant?
Mr. Shah: No. In terms of the grant, in terms of the interest cost, half of that will be at zero percent interest, half of that will be at market interest. So three million dollars will be at the zero percent interest, three million will be at the market rate.
Councilman Calogera: How often does that market rate change?
Mr. Shah: Whatever the rate issued, that will be the rate for the entire length of the issue. But you have pay back on the entire principle.
Councilman Calogera: But it's a fixed rate. The market rate at that time.
Mayor Phillips: Can I emphasize Kevin what we've done here is we're going to paying seventeen point nine million dollars for land that you will not be able to use.
Councilman Calogera: I understand that. I understand Council's intention in the past was to not have housing there which I think the prior Council had made that point. It being very important. Yes, I would like to have some property that we could use for open space recreation. This may have to be passive and if that's the case we may be limited to that but I think we need the funds to compensate for what we're paying for this property. We're kind of like in a quandary. I think we'd be ill advised not to take it. Do you have a recommendation Mayor Jim?
Mayor Phillips: It's too late now. I'm informed by my esteemed colleague to my left here that it may not be as bleak as I say because some of the land was actually purchased with our money so there may in fact be a usable portion. I'd like to see that on a map some place, I've yet to do that.
Councilman Calogera: I hope it's the uplands and not the wetlands.
President Baker: Mr. Shah, is there a time limit on this action item here? I understand that AI-2 we're bringing in possibly another firm to over view this whole Cedar Ridge II situation. Would it be appropriate to hold action on this until we hear their opinions?
Mr.Shah: We need to take action tonight and that's why it's an action item because we have certain deadlines to meet to apply for infrastructure.
Councilwoman Panos: When is the deadline?
Mr. Shah: Today.
Councilwoman Panos: Now we're talking eight action items tonight. This one gets put on the dais tonight with a six million dollar figure. How can we do this to the people of this town? They have a right to see it. There's six million dollars on the table tonight.
Mr.Shah: Let me say what you're doing on this action item, irregardless of the litigation is that you're authorizing us. We already have borrowed this money through temporary notes. We converting notes into some type of financing that benefits us. Unfortunately we go to the bond counsel who has sent us this request recently and we ourselves were debating whether or not we want to go forward with this or not and in order to get this finally agreed that we want to go forward we applied for that, bond counsel has sent an application. They have indicated that we have to meet the deadline of the DEP and that's why we're bringing it to you now. We also had a meeting schedule that we had to work around.
President Baker: I think they have it Mr. Shah.
Mr.Shah: I believe the Mayor is correct. The Mayor just reminded me that if for some reason we need to apply that but at some point before they actually go out to borrow the money, we may be able to reject it and we can get out of it. Right now you're just giving us an authorization to go ahead and apply for it.
President Baker: We need to be diligent in the future to take these action items off the Agenda session and Lucille I agree with you. Any other questions on AI-4?
President Baker opened up the public portion.
Lawrence Redmond: 25 Jaime Court. If you remember we put this money up in court way back when. It's sitting there at a higher interest rate. I urge you to move forward with this because now we're talking about zero interest on three million and
what's the interest on the other?
Mr. Shah: Whatever the market interest rate is.
Lawrence Redmond: This money was already up there in an account with the courts. We had a bond way back when to get this money. At a higher interest rate than what this is at. This is basically a restructuring of the debt. I think it's important that we move forward on this.
President Baker closed the public portion.
Councilman Calogera: The money we used would allow us to use more of that property versus if we do this then we're not going to be able to use that property at all. Is that correct.
President Baker: That is not correct.
Mr.Shah: What we indicated is we already have borrowed from this fund 4.2 million dollars originally based on different evaluations. We have put in a lot more money in this property because of the change in evaluations. We believe about 50% of the land is what we're borrowing this money from the infrastructure. The other 50% came from county grant, the State Green Acres grant, so those will have a different restriction versus money borrowed under the infrastructure.
Councilman Calogera: On that property, the acreage, do we have identified which is which?
Mr. Shah: That's correct. It has been identified. We had to file it with the DEP.
Councilman Calogera: Is it satisfactory to us from a Parks and Rec. point of view or whatever that the parcels that we own are not going to have the restrictions on them.
Mr. Shah: I'll let Tom speak about it. It is satisfactory to an extent.
Attorney Ruggierio: I just want to inform the Council that there is this question that Mr .Badcock in cooperation with the engineering department was very careful to draw the line for the area that is encumbered by these infrastructure loan monies so that they were not very useable areas of land anyway. So what we have is the infrastructure money is really low in wetlands and different areas that couldn't be used for active recreation. In the first instance, the areas that are excluded that can be used for more active recreation are subject to Green acres restrictions but they're not as severe as this infrastructure loan. So that's really the story.
Councilman Calogera: Bill, that answers my question totally. I appreciate it and I can move ahead if we need to tonight. .
Councilman Testino: I would also like to see the map that the Mayor is requesting.
President Baker: Mr. Shah, can we get the Council the map?
Mr.Shah: Yes, the engineer will provide you with the map.
RESOLUTION AUTHORIZING APPLICATION FOR A LOAN FROM THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST FINANCING PROGRAM
RESOLUTION #157
WHEREAS, Old Bridge Township intends to file an application with the New Jersey Department of Environmental Protection and the New Jersey Environmental Infrastructure Trust for the Acquisition of property known as Cedar Ridge Ridge II (Woodland Trails) Block 12261-Lot 19, 20,28,35 and 84 (l96 acres).
NOW THEREFORE, BE IT RESOLVED that Mayor James T. Phillips and Tom Badcock, Director of Parks and Recreation to act as the Authorized Representative to represent the Township of Old Bridge in all matters relating to the project undertaken pursuant to the above referenced New Jersey Environmental Infrastructure Trust Loan to be executed with the New Jersey Department of Environmental Protection and the New Jersey Environmental Infrastructure Trust. The Authorized Representative may be contacted at One Old Bridge Plaza, Old Bridge, New Jersey 08857.
Moved by Councilman Butler, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, President Baker.
NAYS: Councilwoman Panos.
AI-5 Certification of Audit.
President Baker: We need action on this item tonight.
Mr.Shah: This was requested by Rose-Marie I believe.
President Baker: I'm told we're over the 45 day deadline.
Mr. Shah: There is a requirement that once the audit is submitted by the auditor of the Township the Council accepts the audit by resolution and that within 45 days Rose-Marie can expand upon that. But that's the requirement. Even if you vote tonight and you have auditors come in next week to make a presentation next agenda meeting we can certainly make that available.
President Baker: Rose, do you have something to add?
Rose-Marie: Just that we received the order January 12th and we're over our 45 days to accept it. We do need the resolution to send down to the division
Councilman Maher: As Councilman Testino said, we usually have a presentation by the auditor before we certify the correctness of the order, the completeness and accuracy of the order. I don't understand. We don't have our auditor here to ask questions.
Mr Shah: I think in terms of the rush, Rose-Marie can expand upon that.
President Baker: Let the Council have a shot at that. Basically, Bill, can you respond to that?
Attorney Ruggierio: I was only indicating to the Council President that I think personally you can be fined if you don't do this. I'm not sure if they enforce that within five or ten days of the requirement but the Council has to accept the audit.
Councilman Testino: The point being is if it was here January 12th, we should have had the auditors in in February. I have no problem, I read the audit comments but the rest of it bears explanation. If you want to go ahead and accept it, I have no problem doing it on the papers but the practice has been that they come in, and earn their money in front of us.
President Baker: Council can we accept it conditioned upon them coming in at a later date to give us why we did what we did.
Attorney Ruggierio: I think you would merely accept it and then as Mr. Shah said he can be in next week and present to you. The acceptance doesn't mean that you accept his methodology. It merely is an acknowledgement that you have received it and you have accept it.
President Baker: Mr. Shah can you make that happen for me?
Mr.Shah: Sure.
President Baker opened the public portion. Seeing no hands, President Butler closed the public portion.
CERTIFICATION OF AUDIT RESOLUTION
RESOLUTION #158
WHEREAS, NJSA 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and
WHEREAS, the Annual Report of Audit for the year 2003 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of NJSA 40A:5-6 and a copy has been received by each member of the governing body; and
WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs as per R.S.52:27BB-34 and
WHEREAS, the local Finance Board has promulgated a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed as a minimum, the selections of the annual audit entitled:
General Comments
Recommendations
and;
WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit and specifically the Annual Audit entitled:
General Comments
Recommendations
as evidenced by the group affidavit form of the governing body; and
WHEREAS, such resolution of certification shall be adopted by the governing body no later than forty-five days after the receipt of the annual audit, as per the regulations of the Local Finance Board; and
WHEREAS, all members of the governing body have received and have familiarized themselves with at least the minimum requirements of the Local Finance Board of the State of New Jersey as stated aforesaid and have subscribed to the affidavit as provided by the Local Finance Board; and
WHEREAS, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52 to wit:
R.S. 52:27BB-52 AA local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand ($1,000.00) or imprisoned for not more than one year, or
both, in addition shall forfeit his office.
NOW THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, hereby states that it is has complied with the promulgation of the Local Finance Board of the State of New Jersey dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.
Moved by Councilman Butler, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
LIQUOR LICENSE
LL-1 Person to Person and Place to Place Transfer of Plenary Retail Consumption Liquor License #1209-33-027-004 from English Pub, Inc. to Daydream Drinks, L.L.C.
President Baker: The package is complete in front of you. Are there any questions?
Councilwoman Panos: Another big item up for action without the public knowledge. In these little breakfast garden areas, Mr. Knapp, in these little food and beverage gardens, will children be allowed in those fenced in areas.
Michael Napp: Yes, you would be allowed in there under the age of 20. You would be with an adult and to go in you would have to show ID to show that you are old enough or not to consume alcohol.
Councilwoman Panos: There will be a guard at the gate?
Michael Napp: Every opening is gated and guarded at all times. The Chief, I know he had some concerns which were also mine. My concerns were the mass assembly nights when you have so many people there. So many spectators.
Attorney Leckstein: The Chief has conferred with my client and my understanding, if I may speak for the Chief, I know he is here, is that the Police Department is 100% satisfied.
Councilwoman Panos: What arrangements were made.
Michael Napp: We have agreed to do additional Old Bridge Police Officers on the nights that we discussed.
Councilwoman Panos: The mass assembly nights.
Michael Knapp: Yes, the bigger nights.
Councilwoman Panos: You're paying for them.
Michael Napp, Vice-president Daydream Drinks: Yes.
Councilman Maher: Who is president? You identified yourself as president of Raceway Park.
Michael Napp: I am Vice-president of Daydream Drinks.
Councilman Maher: So who is president?
Michael Napp: My cousin.
President Baker opened up the public portion. Seeing no hands, President Baker closed the public portion.
LIQUOR LICENSE TRANSFER FROM ENGLISH PUB. INC. TO DAYDREAM DRINKS, L.L.C.
RESOLUTION #159
Conditioned that no go-go dancing be allowed.
WHEREAS, application has been filed for a person to person and place to place transfer of Plenary Retail Consumption License #1209-33-027-004; heretofore issued to ENGLISH PUB, INC., t/a Jilly's for premises located at 220 Sailfish Way, Lavallette, New Jersey (inactive) to DAYDREAM DRINKS, L.L.C. for premises located at 230 Pension Road, P.O. Englishtown, New Jersey 07726, 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 220 Sailfish Way, Lavallette, New Jersey to DAYDREAM DRINKS, L.L.C., 230 Pension Road, P.O. Englishtown, New Jersey 07726 effective March 1, 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 DAYDREAM DRINKS, L.L.C. for premises located at 230 Pension Road, P.O. Englishtown, New Jersey 07726, Old Bridge, New Jersey, effective March 1, 2004”
BE IT FURTHER RESOLVED that said transfer is hereby conditioned that no go-go dancing be allowed.
Moved by Councilman Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, President Butler
NAYS: None.
ABSTAIN: Councilwoman Panos.
President Baker: Next up is a presentation but we're going to hold off on that because I'd like to have some dialogue with the attorney and perhaps we could do that in Executive Session. Before we go into Executive Session, with the Council's support, I would like to open up to the public for their comments, then we'll go into Executive Session for the Cedar Ridge II and I suggest we do the presentation in Executive Session as well and then the only thing we'll have left afterwards is the AI-2.
President Baker opened up the public portion. Seeing no hands, President Butler closed the public portion.
EXECUTIVE SESSION
RESOLUTION #160
the public be excluded from this meeting pursuant to NJSA 10:4-13 for the discussion of the following matter or matters:
Litigation Strategy…..Woodland Trails
Litigation – Settlement terms-- Sommers v Old
Bridge
BE IT FURTHER RESOLVED that this meeting shall reconvene in public session in 30 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 Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Panos, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
AGENDA MEETING RECONVENED AT 10:45 p.m.
AI-2 Professional Services Litigation for Cedar Ridge II (Windels, Marx, Lane & Mittendorf) for the amount of $100,000.00. (CERT.#11209) (AFFIRM. ACT.)
Prior to the roll call the following discussion took place.
President Baker: It's good to see the public back. We are now discussing AI-2, Professional Services Litigation for Cedar Ridge II in the amount not to exceed $100,000.00 for a new firm to come in and give us their expertise as Mr. Ruggierio is leaving the Township employment.
President Baker opened up the public portion. Seeing no hands, President Baker closed the public portion.
Mayor Phillips: Mr. President, I only make mention that in the letter that---Rich, do you have the letter?
Councilman Greene: I don't have it on me Jim.
Mayor Phillips: Didn't it say a maximum of $150,000.00?
Councilman Greene: Yes it did.
Mayor Phillips: Can we just change this to $150,000.00?
President Baker: Yes, not to exceed $150,000.00.
Mayor Phillips: That's what the letter said.
President Baker: Thank you, Jim.
RESOLUTION AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH THE LAW FIRM OF WINDELS, MARX, LANE & MITTENDORF, LLP FOR LEGAL REPRESENTATION IN THE MATTER KNOWN AS TOWNSHIP OF OLD BRIDGE V. WOODLAND TRAILS, INC.
RESOLUTION #161
WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of legal assistance in connection with the representation of the Township of Old Bridge in regard to the matter known as OLD BRIDGE TOWNSHIP V. WOODLAND TRAILS,INC.; and
WHEREAS, Windels, Marx, Lane & Mittendorf, LLP, a licensed New Jersey Law Firm, is recognized as capable and available to undertake such work; and
WHEREAS, the funds are available for this purpose; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40a:11.1, et seq.) requires that a Resolution authorizing the award of contracts for “Professional Services” without competitive bids must be publicly advertised.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge as follows:
1. The contract for professional services is authorized to be entered into with Windels, Lane & Mittendorf, LLP. to provide legal services at an hourly rate as per attached letter of February 27, 2004 plus costs and expenses, not to exceed the sum of $150,000.00 without further authorization by the Township.
2. The scope of the work to be performed by Windels, Marx Lane & Mittendorf, LLP shall be representation of the Township of Old Bridge in the matter known as Old Bridge township v. Woodland Trails, Inc.
3. This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds_____has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.
BUDGET YEAR FY04/05
CERT. NO. 1209
AMOUNT $150,000.00
The availability of a sufficient appropriation to fund the purchases authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget year, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.
4. This is a contract for professional services and according to New Jersey Public Contract Law. The Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: legal representation of the Township of Old Bridge.
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 Gillespie, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker
NAYS: None.
DISCUSSION RESOLUTION
DR-9 Resolution Amending Resolution #577-03 Settlement of Sommers vs Township of Old Bridge to amend amount of settlement from $10,000.00 to $25,000.00 removing condition from previous resolution (Resolution requires adopting of a Capital Funding Ordinance and three (3) adopting by reference the actual forms of the agreement).
No Discussion.
DR-10 Resolution authorizing contract to ERM Firm for engineering services for Environmental studies in connection with the settlement of Sommers vs. Old Bridge Township. (Going to be substantially funded by the monies Certified in settlement which we have negotiated).
No Discussion.
DR-11 Resolution authorizing contract for Legal Services with Kenny & Kearney An attorney for Old Bridge Township with implementing settlement terms of Sommer vs. Old Bridge Township. (Going to be substantially funded by the Monies certified in the settlement which we have negotiated.
No Discussion.
MOTION
to adjourn at 10:50 p.m. by President Baker, seconded by Councilman Gillespie and so ordered on an all aye vote.
_____________________________
President William Baker
_____________________________
Rose-Marie Saracino, Township Clerk
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