Monroe Council Minutes | 3/26/2018
THE FOLLOWING IS A PRELIMINARY AGENDA AND THERE MAY BE CHANGES MADE TO THE AGENDA BEFORE OR AT THE MEETING, AS PROVIDED BY LAW.
AGENDA & SPECIAL MEETING OF THE MONROE TOWNSHIP COUNCIL | MARCH 26, 2018
AGENDA
- Call to Order.(7:00 p.m.)
- Salute to the Flag.
- ROLL CALL:
Councilman Leonard Baskin
Councilwoman Miriam Cohen
Councilman Charles Dipierro
Council Vice-President Elizabeth Schneider
Council President Stephen Dalina
- Council President Dalina to request the following SUNSHINE LAWbe read into the record:
In accordance with the Open Public Meetings Act, it is hereby announced and shall be entered into the Minutes of this meeting that adequate notice has been provided by the following:
- Posted on the Bulletin Boards within the Municipal Building on March 20, 2018 and remains posted at that location for public inspection;
- Noticed to the HOME NEWS TRIBUNE and CRANBURY PRESS on March 20, 2018;
- Posted on the Monroe Township website; and
- Sent to those individuals who have requested personal notice.
In accordance with Chapter 3, Section 17 of the Monroe Township Code, Public Comment shall be limited to five (5) minutes unless further time is granted by the Council President.
- ORDINANCE(S) forSECOND READING at the Monday, April 9, 2018 meeting:
O-3-2018-007 ORDINANCE ACCEPTING THE DEDICATION OF LAND APPEARING ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF MONROE AS BLOCK 57, LOT 3.12.
(Forsgate Drive)
O-3-2018-008 ORDINANCE ESTABLISHING CHAPTER 68A OF THE MONROE TOWNSHIP CODE ENTITLED, “THE MAYOR’S N.J. TRAINING SCHOOL OPEN SPACE PRESERVATION TASK FORCE”
O-3-2018-009 ORDINANCE AMENDING THE 2015-2018 SUPERVISORY PERSONNEL SALARY AND WAGE ORDINANCE.
(Adding – Electrician, per diem)
O-3-2018-010 ORDINANCE AMENDING CHAPTER 122 OF THE CODE OF THE TOWNSHIP OF MONROE ENTITLED “VEHICLES AND TRAFFIC”.
(No turn on red Perrineville Rd/Union Valley Rd.)
O-3-2018-011 ORDINANCE AMENDING CHAPTER 108 OF THE CODE OF THE TOWNSHIP OF MONROE SPECIFICALLY ARTICLE XIII ENTITLED “GUARANTIES AND IMPROVEMENT PROCEDURES” TO COMPORT WITH RECENT AMENDMENTS TO STATE LAW CONCERNING PERFORMANCE AND OTHER GUARANTEES MUNICIPALITIES MAY REQUIRE FROM DEVELOPERS.
- ORDINANCE(S) forINTRODUCTION at the Monday, April 9, 2018 meeting:
O-4-2018-012 ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF THE TOWNSHIP OF MONROE, ENTITLED “CONSTRUCTION CODES, UNIFORM” TO EXEMPT IMPROVEMENTS MADE ON PUBLIC PROPERTY FROM FEES.
O-4-2018-013 ORDINANCE ACCEPTING DEEDS FOR THE PUMP STATION SITE NO. 13 AT REGENCY AT MONROE.
O-4-2018-014 ORDINANCE AMENDING CHAPTER 108 OF THE CODE OF THE TOWNSHIP OF MONROE ENTITLED “LAND DEVELOPMENT” REGARDING MULCH PROCESSING.
O-4-2018-015 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK.
- RESOLUTIONSfor CONSIDERATION under theCONSENT AGENDAat the Monday, April 9, 2018 meeting:
R-4-2018-110 RESOLUTION AUTHORIZING THE RELEASE OF PERFORMANCE GUARANTEES UPON THE POSTING AND ACCEPTANCE OF MAINTENANCE GUARANTEES FOR BLOCK 169.22, LOTS 2.01-2.04, RIVER ROAD ESTATES – W & S POSTED WITH THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”).
(River Rd.)
R-4-2018-111 RESOLUTION AUTHORIZING THE RELEASE OF PERFORMANCE GUARANTEES FOR W & S 1021, YIANNIS RIVER ROAD, LLC. POSTED WITH THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”). (River Rd.)
R-4-2018-112 RESOLUTION AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO A DEVELOPERS AGREEMENT BY AND BETWEEN MONROE 33 DEVELOPERS, LLC. AND THE TOWNSHIP OF MONROE FOR IMPROVEMENTS TO THE MONROE TOWNSHIP UTILITY DEPARTMENT’S PUMP STATION NO. 2. (Butcher Rd.)
R-4-2018-113 RESOLUTION AUTHORIZING THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”) TO PREPARE SPECIFICATIONS AND ADVERTISE FOR RECEIPT OF BIDS FOR VARIOUS GOODS AND SERVICES FOR 2018. (System Repair Services, Patch Paving and Concrete, Well Repair & Maintenance Services, Ion Exchange System Repair & Maintenance Services and Skid Mounted Valve Maintenance System.)
R-4-2018-114 RESOLUTION AUTHORIZING A CONTRACT WITH TRI-STATE LIGHT AND ENERGY INC. FOR AN AUDIT FOR THE MONROE TOWNSHIP UTILITY DEPARTMENT UNDER THE 70/30 DIRECT INSTALL PROGRAM SPONSORED BY THE NEW JERSEY BOARD OF PUBLIC UTILITIES.
R-4-2018-115 RESOLUTION AUTHORIZING AWARD OF A CONTRACT TO SUBURBAN CONSULTING ENGINEERS, INC. FOR ENGINEERING SERVICES FOR THE MONMOUTH ROAD WATER MAIN REPLACEMENT PROJECT FOR THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”). ($72,500)
R-4-2018-116 RESOLUTION AUTHORIZING AWARD OF A PROFESSIONAL SERVICES CONTRACT TO R3M ENGINEERING, INC. FOR GENERAL ENGINEERING SERVICES IN RELATION TO MONROE PARKE PS#16, ASHMALL PS#7 AND MISC. AS-NEEDED SERVICES FOR THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”). ($81,840)
R-4-2018-117 RESOLUTION AUTHORIZING REFUND OF CONSTRUCTION PERMIT FEE. ($37.00)
R-4-2018-118 RESOLUTION AUTHORIZING THE AWARD OF BID TO PABCO INDUSTRIES, LLC. FOR PURCHASE OF GRASS BAGS FOR THE MONROE TOWNSHIP DEPARTMENT OF PUBLIC WORKS. ($.3716 per unit)
R-4-2018-119 RESOLUTION AUTHORIZING REDUCTION OF PERFORMANCE GUARANTEE POSTED FOR PUSHTEL CONSTRUCTION INC. PB-1162-15. (River Rd.)
R-4-2018-120 RESOLUTION AUTHORIZING THIRD PARTY TAX LIEN PREMIUM PAYMENTS.
R-4-2018-121 RESOLUTION AUTHORIZING THE PAYMENT OF ADDITIONAL FEES TO SHAIN SCHAFFER, P.C. TO REPRESENT THE TOWNSHIP IN ACQUIRING REAL PROPERTY DESIGNATED AS BLOCK 25, LOT 14.1 AND 16 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF MONROE. ($15,000)
R-4-2018-122 RESOLUTION AUTHORIZING SHAIN SCHAFFER, P.C. TO HANDLE THE MATTER OF AFTEL v. TOWNSHIP OF MONROE AS EXTRAORDINARY LITIGATION.
($6.102.00 Final)
R-4-2018-123 RESOLUTION AUTHORIZING EMERGENCY 2018 TEMPORARY BUDGET APPROPRIATIONS.
R-4-2018-124 RESOLUTION PROVIDING THAT THE 2018 MUNICIPAL BUDGET BE READ BY TITLE AT THE TIME OF THE PUBLIC HEARING.
Title Only RESOLUTION INTRODUCING THE 2018 MUNICIPAL BUDGET.
Title Only RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR WATER AND SEWER SERVICE REPAIR PLANS FOR MONROE TOWNSHIP RESIDENTIAL PROPERTY OWNERS. (Bid Opening March 23, 2018 – under attorney review)
Title Only RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR DANIEL P. RYAN CONCESSION STAND & ADA RESTROOM. (Bid Opening April 4, 2018)
- Mayor’s Report.
- Administrator’s Report.
- Engineer’s Report.
- Council’s Reports.
- Public.(5 Minutes per Speaker)
- MOTIONto ADJOURNthe AGENDA MEETINGand Call to Order the SPECIAL MEETING:
TIME:
MOTION:
SECOND:
ROLL CALL:Ayes Nays
- Council President Dalina to announce the Special Meeting is being called to order for the purpose of holding an Executive Session to discuss the matter Township of Monroe v. Lewis Properties I, LLC.and any other business that may come before the Council.
R-3-2018-109 RESOLUTION AUTHORIZING CLOSED PORTION OF
PUBLIC MEETING.
TIME:
MOTION:
SECOND:
ROLL CALL:Ayes Nays
RECONVENE PUBLIC MEETING: TIME:
MOTION:
SECOND:
ROLL CALL:Ayes Nays
- 15. If needed:PUBLIC PORTION LIMITED TO RESOLUTION NO. R-3-2018-109a
- If needed:POSSIBLE CONSIDERATION OF RESOLUTION NO. R-3-2018-109a
MOTION:
SECOND:
ROLL CALL:Ayes Nays
- Adjournment.Time:
MOTION:
SECOND:
ROLL CALL:Ayes Nays
NEXT COUNCIL MEETING – MONDAY, APRIL 9, 2018 – REGULAR MEETING
TOWNSHIP OF MONROE
COUNCIL MEETING MINUTES
AGENDA & SPECIAL MEETING – MARCH 26, 2018
The Council of the Township of Monroe met in the Municipal Building, 1 Municipal Plaza, for an Regular Meeting.
The Regular Meeting was Called to Order at 7:00 p.m. by Council President Stephen Dalina with a Salute to the Flag.
UPON ROLL CALLby the Township Clerk, Patricia Reid, the following members of Council were present: Councilman Baskin, Councilwoman Cohen, Councilman Charles Dipierro, Council Vice-President Elizabeth Schneider and Council President Stephen Dalina.
ALSO PRESENT: Mayor Gerald W. Tamburro, Business Administrator Alan M. Weinberg, Township Attorney Joel Shain, Engineer Mark Rasimowicz and Deputy Township Clerk Christine Robbins.
There were approximately ten (10) members of the Public present in the audience.
Council President Dalina requested the Township Clerk to read the following SUNSHINE LAWinto the record:
In accordance with the Open Public Meetings Act, it is hereby announced and shall be entered into the Minutes of this meeting that adequate has been provided by the following:
- Posted on the Bulletin Boards within the Municipal Building on March 20, 2018 and remains posted at that location for public inspection;
- Printed in the HOME NEWS TRIBUNE and CRANBURY PRESS on March 20, 2018;
- Posted on the Monroe Township website; and
- Sent to those individuals who have requested personal notice.
In accordance with Chapter 3, Section 17 of the Monroe Township Code, Public Comment shall
be limited to five (5) minutes unless further time is granted by the Council President.
Council President Dalina read the following entitled ORDINANCES for SECOND READINGat
the MONDAY, April 9, 2018 Regular Council Meeting:
O-3-2018-007 ORDINANCE ACCEPTING THE DEDICATION OF LAND APPEARING ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF MONROE AS BLOCK 57, LOT 3.12.
(Forsgate Drive)
O-3-2018-008 ORDINANCE ESTABLISHING CHAPTER 68A OF THE MONROE TOWNSHIP CODE ENTITLED, “THE MAYOR’S N.J. TRAINING SCHOOL OPEN SPACE PRESERVATION TASK FORCE”
O-3-2018-009 ORDINANCE AMENDING THE 2015-2018 SUPERVISORY PERSONNEL SALARY AND WAGE ORDINANCE.
(Adding – Electrician, per diem)
O-3-2018-010 ORDINANCE AMENDING CHAPTER 122 OF THE CODE OF THE TOWNSHIP OF MONROE ENTITLED “VEHICLES AND TRAFFIC”.
(No turn on red Perrineville Rd/Union Valley Rd.)
O-3-2018-011 ORDINANCE AMENDING CHAPTER 108 OF THE CODE OF THE TOWNSHIP OF MONROE SPECIFICALLY ARTICLE XIII ENTITLED “GUARANTIES AND IMPROVEMENT PROCEDURES” TO COMPORT WITH RECENT AMENDMENTS TO STATE LAW CONCERNING PERFORMANCE AND OTHER GUARANTEES MUNICIPALITIES MAY REQUIRE FROM DEVELOPERS.
Council President Dalina read the following entitled ORDINANCES for INTRODUCTIONat the MONDAY, April 9, 2018 Regular Council Meeting:
O-4-2018-012 ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF THE TOWNSHIP OF MONROE, ENTITLED “CONSTRUCTION CODES, UNIFORM” TO EXEMPT IMPROVEMENTS MADE ON PUBLIC PROPERTY FROM FEES.
O-4-2018-013 ORDINANCE ACCEPTING DEEDS FOR THE PUMP STATION SITE NO. 13 AT REGENCY AT MONROE.
O-4-2018-014 ORDINANCE AMENDING CHAPTER 108 OF THE CODE OF THE TOWNSHIP OF MONROE ENTITLED “LAND DEVELOPMENT” REGARDING MULCH PROCESSING.
O-4-2018-015 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK.
Council President Dalina requested the following entitled RESOLUTIONSfor CONSIDERATION UNDER THE CONSENT AGENDA at the MONDAY, April 9, 2018 Regular Council meeting be reviewed and any questions will be addressed:
R-4-2018-110 RESOLUTION AUTHORIZING THE RELEASE OF PERFORMANCE GUARANTEES UPON THE POSTING AND ACCEPTANCE OF MAINTENANCE GUARANTEES FOR BLOCK 169.22, LOTS 2.01-2.04, RIVER ROAD ESTATES – W & S POSTED WITH THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”).
(River Rd.)
R-4-2018-111 RESOLUTION AUTHORIZING THE RELEASE OF PERFORMANCE GUARANTEES FOR W & S 1021, YIANNIS RIVER ROAD, LLC. POSTED WITH THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”). (River Rd.)
R-4-2018-112 RESOLUTION AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO A DEVELOPERS AGREEMENT BY AND BETWEEN MONROE 33 DEVELOPERS, LLC. AND THE TOWNSHIP OF MONROE FOR IMPROVEMENTS TO THE MONROE TOWNSHIP UTILITY DEPARTMENT’S PUMP STATION NO. 2. (Butcher Rd.)
R-4-2018-113 RESOLUTION AUTHORIZING THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”) TO PREPARE SPECIFICATIONS AND ADVERTISE FOR RECEIPT OF BIDS FOR VARIOUS GOODS AND SERVICES FOR 2018. (System Repair Services, Patch Paving and Concrete, Well Repair & Maintenance Services, Ion Exchange System Repair & Maintenance Services and Skid Mounted Valve Maintenance System.)
R-4-2018-114 RESOLUTION AUTHORIZING A CONTRACT WITH TRI-STATE LIGHT AND ENERGY INC. FOR AN AUDIT FOR THE MONROE TOWNSHIP UTILITY DEPARTMENT UNDER THE 70/30 DIRECT INSTALL PROGRAM SPONSORED BY THE NEW JERSEY BOARD OF PUBLIC UTILITIES.
R-4-2018-115 RESOLUTION AUTHORIZING AWARD OF A CONTRACT TO SUBURBAN CONSULTING ENGINEERS, INC. FOR ENGINEERING SERVICES FOR THE MONMOUTH ROAD WATER MAIN REPLACEMENT PROJECT FOR THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”). ($72,500)
R-4-2018-116 RESOLUTION AUTHORIZING AWARD OF A PROFESSIONAL SERVICES CONTRACT TO R3M ENGINEERING, INC. FOR GENERAL ENGINEERING SERVICES IN RELATION TO MONROE PARKE PS#16, ASHMALL PS#7 AND MISC. AS-NEEDED SERVICES FOR THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”). ($81,840)
R-4-2018-117 RESOLUTION AUTHORIZING REFUND OF CONSTRUCTION PERMIT FEE. ($37.00)
R-4-2018-118 RESOLUTION AUTHORIZING THE AWARD OF BID TO PABCO INDUSTRIES, LLC. FOR PURCHASE OF GRASS BAGS FOR THE MONROE TOWNSHIP DEPARTMENT OF PUBLIC WORKS. ($.3716 per unit)
R-4-2018-119 RESOLUTION AUTHORIZING REDUCTION OF PERFORMANCE GUARANTEE POSTED FOR PUSHTEL CONSTRUCTION INC. PB-1162-15. (River Rd.)
R-4-2018-120 RESOLUTION AUTHORIZING THIRD PARTY TAX LIEN PREMIUM PAYMENTS.
R-4-2018-121 RESOLUTION AUTHORIZING THE PAYMENT OF ADDITIONAL FEES TO SHAIN SCHAFFER, P.C. TO REPRESENT THE TOWNSHIP IN ACQUIRING REAL PROPERTY DESIGNATED AS BLOCK 25, LOT 14.1 AND 16 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF MONROE. ($15,000)
R-4-2018-122 RESOLUTION AUTHORIZING SHAIN SCHAFFER, P.C. TO HANDLE THE MATTER OF AFTEL v. TOWNSHIP OF MONROE AS EXTRAORDINARY LITIGATION.
($6.102.00 Final)
R-4-2018-123 RESOLUTION AUTHORIZING EMERGENCY 2018 TEMPORARY BUDGET APPROPRIATIONS.
R-4-2018-124 RESOLUTION PROVIDING THAT THE 2018 MUNICIPAL BUDGET BE READ BY TITLE AT THE TIME OF THE PUBLIC HEARING.
Title Only RESOLUTION INTRODUCING THE 2018 MUNICIPAL BUDGET.
Title Only RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR WATER AND SEWER SERVICE REPAIR PLANS FOR MONROE TOWNSHIP RESIDENTIAL PROPERTY OWNERS. (Bid Opening March 23, 2018 – under attorney review)
Title Only RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR DANIEL P. RYAN CONCESSION STAND & ADA RESTROOM. (Bid Opening April 4, 2018)
Councilman Dipierro had a question in regards to the Mulching Ordinance, O-4-2018-014. He asked about changing the timing and if this is something that the DEP regulates, therefore superseding our Ordinance if passed. Administrator Weinberg explained this is just to clarify how the DEP language is understood. Our Ordinance simply clarifies that and requires the mulcher to notify the Zoning Officer to make sure they are in compliance. Councilman Dipierro added that he wants to make sure we do not end up being challenged because we are narrowing down the time. Administrator Weinberg further clarified that this is in response to residents who live in or near those who mulch and are impacted by the noise and the affects of the mulching operations. Councilman Dipierro noted that he would be abstaining from voting on this Ordinance.
REPORTS:
Mayor’s Report– The Mayor’s Advisory Committee had a guest motivational speaker at the high school which was well attended with a full auditorium of seniors. Last year’s mock crash was very successful and this year’s program spoke about issues our children face which proved to be very successful.
Administrator’s Report – No report, will report at the Regular Meeting.
Engineer’s Report – No report, will report at the Regular Meeting.
COUNCIL REPORTS:
Council Vice-President Schneider –
- Amazing to see all of the seniors and students listening intently to the motivational speaker at this afternoon’s presentation at the high school.
- This weekend was the Annual Easter Egg Hunt and Bonnet Contest with over 500 people who attended.
Councilman Dipierro –
- Attended the presentation at the high school which was very relatable. Hopefully, we can get the tape made available to the public for all to see.
- Attended Pack 105 Cub Scout Awards which was very nice event.
- The Easter Egg Hunt has very well attended which was nice to see the community all coming together. The parking was a little bit of an issue but it all came together.
- The ‘No Turn on Red’ signal located at the intersection of Perrineville Road and Union Valley Road is pushed back too far. It should be moved up or more signage leading up to it should be in place.
Councilwoman Cohen –
- Attended the presentation at the high as well and commented that it was a joy to see the Mayor’s Advisory Committee spring into action to make the whole program happen.
Councilman Baskin –
- The Monroe Township Community Garden will be having an information meeting on April 5that the Senior Center at 7:00pm.
Council President Dalina –
- Wished everyone a happy holiday season to everyone.
Public:
George Gunkelman, 5 Kelly Ct. – Mr. Gunkelman commented that Perrineville Road has
been closed for some time and it occurred while driving down Route 33 that the developers were
told by the Township that they need to finish Phase II before they can get a Certificate of
Occupancy. It appears they should take care of this while the road is closed as it would then not
tie up any police officers or create any further traffic issues. He added that he is not sure if we have
the leverage to encourage the developer to have the schedule coincide while the road is closed.
Prakash Parab, 33 Dayna Dr. – Mr. Parab asked for an explanation on O-3-2018-008;
Council President Dalina explained that the State will be closing the Training School and the
Mayor has decided that he would create a Task Force so that the property the school is on
stays in a particular status which would be a beneficial situation for the residents.
In regards to the school funding, we only receive $3.6 million. There is something wrong with that
figure and it is something that we really should be looking at.
Attended the ‘March for Our Lives’ rally in Princeton which was really interesting.
Tom Bartley, 559 Spotswood-Englishtown Rd. – Mr. Bartley stated he was in the process of
preparing a tax appeal for his property as he has a certified appraisal saying his property is
worth $690,000 but the Tax Assessor is saying that it is worth over $800,000; Township
Attorney Joel Shain commented that the Council has nothing to do with this and suggested
to Mr. Bartley that he makes an appointment with the Tax Assessor to talk with him.
Joseph Atanasio, 21 Wellington Pl. – Mr. Atanasio commented that he thought we owned the
property cited in R-4-2018-121 and asked why we are paying money to acquire it still;
Council President Dalina answered that we own the property through the eminent domain
process.
UPON MOTIONmade by Councilwoman Cohen and seconded by Councilman Dipierro, the regularly scheduled Agenda Meeting was Adjourned at 7:23pm and Special Meeting was Called to Order.
ROLL CALL:Councilman Leonard Baskin Aye
Councilwoman Miriam Cohen Aye
Councilman Charles Dipierro Aye
Council Vice-President Elizabeth Schneider Aye
Council President Stephen Dalina Aye
Council President Dalina announced that the Special Meeting is being called to order for the
purpose of holding an Executive Session to discuss the matter Township of Monroe v. Lewis
Properties II, LLC.and any other business that may come before the Council.
Council President Dalina read the following entitled Resolution in full into the record:
UPON MOTIONmade by Councilwoman Cohen and seconded by Councilman Dipierro,
R-3-2018-109RESOLUTION AUTHORIZING CLOSED PORTION OF PUBLIC MEETING.
was adopted.
WHEREAS, the Open Public Meetings Act N.J.S.A.10:4-12b(7) permits the Township Council to exclude the public from a meeting, or any portion thereof, at which the Township Council wishes to discuss pending litigation, to which the Township of Monroe is a party; and
WHEREAS,the Township Council wishes to discuss the matter of Township of Monroe v. Lewis Properties I, LLCpending in the Superior Court of New Jersey, Law Division, Middlesex County, Docket No. MID-L-007483-17; and
NOW, THEREFORE, BE IT RESOLVEDthat the Township Council shall exclude the public from that portion of its March 26, 2018meeting which pertains to the aforementioned matter, and that information not subject to the attorney-client privilege will be disclosed to the public upon satisfactory resolution of the issues involved; and
BE IT FURTHER RESOLVEDby the Township Council of the Township of Monroe, that the public portion of this meeting is hereby closed.
ROLL CALL:Councilman Leonard Baskin Aye
Councilwoman Miriam Cohen Aye
Councilman Charles Dipierro Aye
Council Vice-President Elizabeth Schneider Aye
Council President Stephen Dalina Aye
Copy of Resolution Duly Filed.
Mayor, Administrator, Attorney, Council Members, Township Clerk and Deputy Clerk left the public meeting and convened in a Conference Room for the closed portion of the Public Meeting.
Upon motion made by Council Vice-President Schneider and seconded by Councilwoman Cohen, the Regular Meeting was reconvened at 8:05pm.
ROLL CALL:Councilman Leonard Baskin Aye
Councilwoman Miriam Cohen Aye
Councilman Charles Dipierro Aye
Council Vice-President Elizabeth Schneider Aye
Council President Stephen Dalina Aye
At this time the following entitled Resolution was added to the Agenda for action by Council:
R-3-2018-109a RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING EXECUTION OF A SETTLEMENT
AGREEMENT WITH REGARD TO CONDEMNATION OF 254
APPLEGARTH ROAD AS THE SITE OF A NEW MIDDLE
SCHOOL
Public Portion:
George Gunkelman, 5 Kelly Ct.– Mr. Gunkelman asked what the status of this property is; Council President Dalina answered that this is the codification of the initial agreement and it moves it closer to the codification of it once the resolution is passed between the two parties. Township Attorney Joel Shain answered that the matter is settled, the numbers have not changed, and as soon as it passes it will be available to the public.
UPON MOTIONmade by Council Vice-President and seconded by Councilwoman Cohen,
R-3-2018-109a RESOLUTION OF THE MONROE TOWNSHIP COUNCIL AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT WITH REGARD TO CONDEMNATION OF 254 APPLEGARTH ROAD AS THE SITE OF A NEW MIDDLE SCHOOL was adopted.
R-3-2018-109a RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING EXECUTION OF A SETTLEMENT
AGREEMENT WITH REGARD TO CONDEMNATION OF 254
APPLEGARTH ROAD AS THE SITE OF A NEW MIDDLE
SCHOOL
WHEREAS,on or about August 23, 2017 the MonroeTownship Board of Education passed a resolution requesting the Township of Monroe to acquire property located at 254 Applegarth Road, designated as Tax Block 25 Lots 14.1 and 16, and owned by Lewis Properties I, LLC and Lewis Properties II, LLC, respectively (the “Property”); and
WHEREAS, on December 21, 2017, the Township of Monroe filed an action to condemn the Property; and
WHEREAS, the parties to the action have agreed to settle the matter in accordance with the terms set forth in a Settlement Agreement, annexed hereto as Exhibit “A”; and
WHEREAS, pursuant to the Settlement Agreement, the property owners agree not to dispute the Township’s lawful exercise of its eminent domain authority to acquire title to the Property and the Township agrees to allow them to retain possession of the Property for a period of twenty months; and
WHEREAS, the parties further agree to negotiate the compensation to be paid for the Property by reference to appraisals obtained by each side, or alternatively to refer the matter to arbitration or the court for resolution; and
WHEREAS, the settlement avoids the expense, distractions and inherent uncertainties associated with litigation by resolving any dispute as to ownership of the Property and setting forth a procedure by which just compensation will be calculated; and
WHEREAS, the Township Council has reviewed the Settlement Agreement and deems it to be reasonable and in the best interests of the citizens of the Township of Monroe; and
NOW THEREFORE, BE IT RESOLVEDby the Township Council of the Township of Monroe, Middlesex County, State of New Jersey, that it has rendered its advice and hereby consents to the settlement reached between the parties; and
BE IT FURTHER RESOLVED, that the Township Council authorizes and directs the Mayor and Township Clerk to execute any and all documents necessary to effectuate the Settlement Agreement;
SO RESOLVED, as aforesaid.
ROLL CALL:Councilwoman Miriam Cohen Aye
Councilman Leonard Baskin Aye
Councilman Charles Dipierro Aye
Council Vice-President Elizabeth Schneider Aye
Council President Stephen Dalina Aye
Copy of Resolution Duly Filed.
UPON MOTIONmade by Councilwoman Cohen and seconded by Councilman Dipierro, the Agenda & Special Meeting of March 26, 2018 Adjourned at 8:08 PM.
ROLL CALL: Councilman Leonard Baskin Aye
Councilwoman Miriam Cohen Aye
Councilman Charles Dipierro Aye
Council Vice-President Elizabeth Schneider Aye
Council President Stephen Dalina Aye
Patricia Reid
PATRICIA REID, Township Clerk
Stephen Dalina
STEPHEN DALINA, Council President
Minutes were adopted on: _April 9, 2018.