Town of Kearny
New Jersey

Resolution
(R)-2018-247

(*) Resolution Granting Permission to Brown & Caldwell, on behalf of Glenn Springs Holdings, Inc., for Road Opening Permit and Access to the Portion of Gypsum Street Adjacent to COPR Site 60 (Tullo Exxon 57-87 Lincoln Highway, Block 290, Lots 4-9 and 13), to Conduct Remedial Construction Activities.

Information

Department:Town AttorneySponsors:Council Member Carol Jean Doyle
Category:EncroachmentsFunctions:None

Body

              WHEREAS, Brown & Caldwell as agent for Glenn Springs Holdings Inc. has requested permission of the Mayor and Council to access a portion of Gypsum Street adjacent to COPR Site 60 (Tullo Exxon - 57-87 Lincoln Highway, Block 290, Lots 4-9 and 13), for the purpose of conducting remedial construction activities; and

 

              WHEREAS, the Town Engineer has advised that there is no engineering reason why permission could not be granted with the usual restrictions.

 

              NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Kearny, in the County of Hudson, that:

 

1.              A right and license be and is hereby granted to the said Brown & Caldwell as agent for Glenn Springs Holdings Inc. to access a portion of Gypsum Street adjacent to COPR Site 60 (Tullo Exxon - 57-87 Lincoln Highway, Block 290, Lots 4-9 and 13), for the purpose of conducting remedial construction activities in accordance with the letter from Brown & Caldwell dated April 5, 2018, and the letter from Neglia Engineering Associates dated April 20, 2018, all attached as Exhibit A, subject to the following conditions:

 

a)              The said right and license shall be revocable at any time by resolution of the governing body of the Town of Kearny; and

 

b)              Brown & Caldwell as agent for Glenn Springs Holding Inc. shall comply with all other applicable laws, ordinances and regulations of the State and the Town of Kearny in connection therewith, and the requirements in the letter dated April 20, 2018 from Neglia Engineering Associates.

 

2.              The Mayor and Town Clerk be and are hereby authorized to take any and all actions necessary to complete and realize the intent and purpose of this Resolution, and to execute a site access agreement substantially in the form attached hereto, which agreement includes agreement of Brown & Caldwell for itself and as agent for Glenn Springs Holdings, Inc. to indemnify and hold the Town of Kearny harmless against liability for any and all claims for damage to property or injury to persons arising out of or resulting from issuance of said license and the activities of Brown & Caldwell at the property.

 

3.              To the extent required, any road opening permit for activities in Gypsum Street is hereby granted subject to compliance with all applicable Town Ordinances and the requirements of the Town Engineer.

 

4.              This Resolution shall take effect immediately.

Meeting History

Apr 24, 2018 7:00 PM  Council Caucus / Regular Meeting
draft Draft
RESULT:ADOPTED [UNANIMOUS]
MOVER:Carol Jean Doyle, Council Member
SECONDER:Alberto G. Santos, Mayor
AYES:Carol Jean Doyle, Michael Landy, Susan McCurrie, Eileen Eckel, Albino Cardoso, Richard Konopka, Marytrine DeCastro, Peter Santana, Alberto G. Santos

Discussion