Old Bridge Township, New Jersey - January 24, 2000 Minutes

OLD BRIDGE TOWNSHIP COUNCIL

COMBINED AGENDA/REGULAR MEETING

January 24, 2000

A Combined Agenda/Regular meeting of the Township Council of the Township of Old Bridge was held on January 24, 2000 in the Municipal Complex. The meeting was called to order at 7:30 p.m. by Vice-President Butler who asked all present to participate in a salute to the flag which was followed by a short prayer.

Roll call by Clerk, Rose-Marie Saracino, showed the following answering present: Councilmen Butler, Hoff, Mannino, Marinaccio, Redmond, Sohor, Testino, President Maher. Mayor Cannon, Business Administrator Shepler and Attorney Condon were in attendance. Councilman Cucchiara was late.

MOMENT OF SILENCE

Councilman Redmond called for a moment of silence for the students that were tragically killed in the Seton Hall fire.

Clerk Saracino announced that this meeting is being held in conformance with the open public meetings act, notice has been posted and given to the newspaper and notice of the meeting has been posted in public places. The next open public meeting of the council will be held on February 7th at 7:30 p.m.

Bill Listing - Accounts Payable

RESOLUTION NO. 59

Be it Resolved, by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey, that:

WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of January 24, 2000 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of January 24, 2000 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $12,617,644.34 (Accounts Payable).

Moved by Councilman Butler, seconded by Councilwoman Marinaccio and so ordered on the following roll call vote:

AYES: Councilmen Butler, Hoff, Mannino, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.

ABSENT PODIUM: Councilman Cucchiara.

Prior to the roll call vote the following comments were made.

Councilman Mannino: I have one question. Would the administration give me a breakdown of the cost for the parking utility of $220,000, what actually are the expenses incurred to that?

Administrator Shepler: It's an investment.

Bill Listing - Payroll

RESOLUTION NO. 60

Be it Resolved, by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey, that:

WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

Moved by Councilman Butler, seconded by Councilwoman Marinaccio and so ordered on the following roll call vote:

AYES: Councilmen Butler, Hoff, Mannino, Redmond Sohor, Testino,

Councilwoman Marinaccio, President Maher.

NAYS: None.

ABSENT PODIUM: Councilman Cucchiara.

Bill Listing - Overtime

RESOLUTION NO. 61 DENIED

Be it Resolved, by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey, that:

WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

Moved by Councilman Butler, seconded by Councilwoman Marinaccio and so denied on the following roll call vote:

AYES: Councilmen Butler, Redmond, Testino, Councilwoman Marinaccio.

NAYS: Councilmen Hoff, Mannino, Sohor, President Maher.

ABSENT PODIUM: Councilman Cucchiara.

ATTORNEY'S REPORT

Attorney Condon: Just a couple of items to report. On February 15th the legal department is scheduling a meeting with the mayors of a number of nearby communities regarding Metricom. Metricom is a wireless communications provider and they have a proposal to purchase the right to place antennas in the township's rights of way. I think this is getting towards setting up a wireless Internet connections access in the town. The reason for this meeting for it to be held is to try to develop a joint approach with some of the other mayors of the nearby communities to achieve the best possible results for the township in dealing with this company. The legal department has also finished acquiring all the parcels of land that were needed for the Texas Road improvement project and we are now going through the final review of those acquisitions to make sure there are no outstanding problems that might pop up. Finally Judge Lawson has scheduled the Hannigan trial which Bill Ruggierio has talked about a number of times in front of the council for a tentative start date of February 22nd. There will be one prior case manager meeting February 14th before that time. If this case is not settled it's probably going to be a two week trial ending sometime in the beginning of March. Finally I'd just like to remind the council there are a couple of resolutions tonight regarding the legal department. One of them seeks authority to reject a settlement in the bayfront acquisition case and I just want to caution the council again against when they handle this resolution against discussing this if possible as this is a matter of ongoing litigation.

Councilman Testino: We'll accept the report for filing.

Councilman Hoff: Mr. Chairman before you finish with the attorney can I ask him a question? I'd like the law department to stay on top of the things we found out about Water Works Road. I think there's a back door into there and I want to have every access looked at before we close our eyes and close the book on it. Mr. Ruggierio's been good. Stay on top of this thing. The engineer has some reports on it and the letter from residents who live on there. I'm asking you to stay on top of it. Thank you.

Councilman Cucchiara: What was status of the School House Lane?

Attorney Condon: The legal department is still reviewing those questions that were raised at the last meeting and they will be presented at a later meeting and I imagine as well in a written report to the council.

Councilman Cucchiara: I just want to ask you a question. Is there a way tonight we could poll the council to find out who wants to hear this and who doesn't?

Attorney Condon: I would think that would be inappropriate at this time.

Councilman Cucchiara: The reason why?

Attorney Condon: Well these are legal questions and I think that the legal department should have the opportunity to present a written report on the legal reasons why someone can or cannot vote:

Councilman Cucchiara: If they want to step down they should just have the right to step down without saying the reason why. Is that true? If I feel I have to step down I could just step down, I shouldn't have to give a reason why, is that true?

Attorney Condon: I believe according to the Ethics Code of the Township of Old Bridge if you feel there is some kind of personal involvement which would affect your ability to make a decision in this matter then you should not vote on that matter.

Councilman Cucchiara: I don't want to keep going on with this but I know it's in the paper the appellate and she had said something in reference to I wish the council would make a decision whether they're going to hear this or not so I can move along with this thing now. So can you give me an idea when we're going to hear about this? Are we going to hear about it at the March meeting? Are we going to hear about it at the February meeting?

President Maher: The legal will explain. When will that be ready?

Attorney Condon: I don't see any problem with having something ready in writing for the next council meeting at this point in time.

Councilman Cucchiara: And you don't think it's appropriate at this time by polling the council to move this along to find out if they want to hear this or not if they want to step down.

Councilman Hoff: We already set March 13th I thought.

Councilman Cucchiara: The only thing I'm saying is we could be denying this woman more by waiting till that time. If everybody feels right now and we don't have a quorum she can move along then.

Councilman Testino: I doubt that is the motivation for your questions.

Mayor Cannon: Yes. I think that this is totally inappropriate. You were elected to serve as a council and I think that's your first responsibility. You don't decide whether or not you want to hear or not hear something.

Councilman Cucchiara: I'm just trying to get an answer that's all.

Councilman Mannino: Mr. Chairman, since that was brought up if a councilman elects not to vote or not to hear a particular case and then has either a conflict of their duty or it was just a personal feeling I believe that may be a violation of our ethics code and therefore it's possible that person unless they can prove that it is something that is in violation for them to listen to this or make a decision is shirking their duties and responsibility then it is a violations of the ethics code. So I caution people that the decisions to hear it must be a valid one and not one of just personal feeling. I have another one for the attorney. As a councilman I feel that if I put something on the agenda it should be listed on the agenda and this is for the attorney to make a decision. And then I reviewed our ordinances and I reviewed the codes and I want to ask the attorney to rule on whether the president of this council can unilaterally by himself take off an item on the agenda that met the deadlines and that I have authority to put anything on and technically he can take everything off he wants and only hear the ones that he wants to hear. That's for the attorney.

Councilman Cucchiara: To give you a short answer I had something taken off last year and it wasn't even by the president, it was by the attorney and the business administrator.

Councilman Mannino: It's not my problem whether you didn't think there was a

President Maher: It's a question for the attorney.

Councilman Mannino: Because tonight I'm going to discuss it anyway.

Councilman Testino: Do we know what was taken off the agenda?

Councilman Mannino: Yes. I asked for a report in regards to what was discussed the other night and I'm sorry I wasn't here at the last meeting regarding this insurgent basketball team who wants to get the insurance through our JIF and I wanted to have some specific information on it which didn't come up at the last meeting and I think it should have come up at the last meeting, but I would have brought it up at that time.

Councilman Testino: This is a combined meeting, agenda and regular.

President Maher: Mr. Condon, rule on this and let's move on.

Attorney Condon: I think the most constructive and best answer that I can give you for that question Councilman Mannino is that my recollection is that the administrative portion of the Old Bridge Code dealing with administration provides that the mayor and the council sets the agenda and that they do so that they can set the agenda, if they want an item on the agenda they supply it to the township clerk by the deadline set for such submission and that's how the agenda is set. So absent any thought here that I could discover which would permit the council president to unilaterally take a item off the agenda, I would say that the answer is no.

President Maher: Then D6, what you are saying here for the report of the basketball league, put it on the league, and I called you over the weekend Pete. We can get into that later.

Councilman Mannino: As far as you calling me over the weekend I don't believe that I have to even speak to you on the weekend.

Councilwoman Marinaccio: I couldn't hear what Mr. Mannino was saying previously about violation of ethics with the School House Lane application. What exactly did he say? What would be a violation of our ethics?

President Maher: Mr. Mannino, do you want to repeat what you said?

Councilman Mannino: I said that unless there is a legitimate legal reason for not voting on a particular item just to say I don't want to vote on it may be a violation of our ethics code.

Councilwoman Marinaccio: Then I need to ask the attorney a question.

Councilman Mannino: But it said that maybe; I didn't say it was.

Councilwoman Marinaccio: Well that's what I need to ask the attorney then. If it's only legal then we must sit or if it's a conflict of interest even if it's not illegal? Like in other words let me put it blunt. If an individual was a major fund raiser to my campaign, even though legally I might be able to vote on whatever, isn't that a conflict of interest?

Attorney Condon: Well as I said before if you feel that you have some kind of personal involvement or some financial involvement in a matter that comes before the council that will impair or affect your judgment or ability to vote or to be impartial on that matter, then you should not take part in any kind of discussion or voting of that matter. To answer Mr. Mannino's more specific question, if you don't have a valid reason for not participating and not voting and just feel that you would not be comfortable in voting that's a difficult question, one I might have to research looking at the ethics code but I think the ethics code is pretty clear in what it says in that you should not vote where you have personal involvement that affects your judgment.

Councilwoman Marinaccio: Can we cut to the chase and just tell me in plain English. If an individual was a major fund raiser for my campaign and I don't feel that it is appropriate for me to sit on any issue dealing with that individual, am I violating any ethics code, yes or no? I don't want all the legal mumbo jumbo. Am I going to be violating some ethics code if I don't feel comfortable because an individual was a major fund raiser to my campaign?

Attorney Condon: I would say under those circumstances that would be a justifiable reason for not participating.

GUEST/PRESENTATION

Dr. Ambrosio - Council Support for Reopening of South Amboy Memorial Medical Center

President Maher: I want to just go a little bit out of line here. We have some special guests here. Dr. Ambrosio has some guests here to talk to the council here and get some support and let us know what is happening with South Amboy Memorial Center. Dr. why don't you bring yourself and your guests here forward and we'll get back to our ordinary agenda.

Dr. S.J. Ambrosio M.D. from South Amboy Hospital Chief of Medicine: First of all we thank you for asking us to appear and giving us the time. We come here tonight to ask your help in interceding for us. You all know South Amboy closed abruptly on the 4th of August and we want to give you the events that happened since then. We have here the CEO James Monahan and I think in deference to him we should ask him to come and say a few words. I have here a summary of what happened, I'll pass it out to everyone. I have given to the council members four or five of the articles that we have.

Mr. Monahan: I want to thank you for your time tonight. As you know South Amboy Hospital has been in existence eighty years supplying care services to the Sayreville, South Amboy and Old Bridge area probably before the township was incorporated. We closed abruptly in August and we feel we've been mistreated by the Department of Health in a rather unprofessional manner where we readied the hospital for an anticipated inspection and they declined to come out and inspect and we're now in court with them. We're attempting to muster public support because that's the arena that will be successful at this point in time. I would remind you that in the local area when a business of our size previously had 450 employees closes everybody gets upset. People come out and try and give tax abatements that are useless for the facility and we haven't had that opportunity. As you may be aware we're one of the largest employees in the area. We were forced to lay off 170 people last week because we're unable to sustain ourselves while we do battle in court with the Department of Health. We're also one of the largest purchasers of services in the area, so we are asking your support as we go forward in trying to do battle with the Department of Health on a legal basis. We have Dr. Younan the Cardiologist, he'd like to say a few words.

Dr. Younan, Cardiologist, South Amboy Memorial Hospital: Thank you for giving me this opportunity. My name is George Younan and I'm a cardiologist and I did a lot with emergencies. I'm going to try to explain to you in a few minutes why we want this hospital open and why they want it closed. I'm a cardiologist and I deal with a lot of emergencies and god forbid if one of you has an emergency today and he's my patient and calls me and there's an emergency I would not tell him to take the ambulance and come to the emergency room because if you call the emergency room in the hospital in the area they will tell you we are on divert, go somewhere else, and the chances are that you will end up somewhere fifteen, twenty miles away from where you live. If your emergency will allow you to have that much time. So what I would say I would tell you I'm meeting you in the emergency room and tell the emergency room people that I'll meet you there, this way the nurses or the emergency room staff or the administrator there will not divert you somewhere else and that's what's happening now-a-days in the hospital in the area. I was just coming from Perth Amboy yesterday, I had a patient end up there and I'm coming from Perth Amboy after seeing my patient and all of a sudden the Liberty Bridge opened, and so I sat in my car there waiting for the bridge to open. At this point with the telephone portable that we have probably has a cardiologist lined up and it's not going to be a big problem because if there is an emergency I can reach my telephone in the emergency room and tell him what to do until I get there. But while I was waiting there I see the ambulance on the other side of the bridge with the light blinking waiting for the bridge to open. Now imagine if you have somebody with a heart problem back in the ambulance waiting for the bridge to open, especially during the summer when you have to wait about thirty minutes or so and sometimes even more. So this is why you want the hospital open because people in the area are being directed somewhere else and they have emergencies and sometimes these bridges will not allow you to get to the right place. Now why do they want to close? They said there is too many beds in the area. When I go to every hospital they are crowded, and this is even before the flu season came in. And we are not asking them to yield, as a matter of fact we have 160 beds, we're asking them only for 60 beds. They're opening beds in some other hospital where the people in the community, in these communities, South Amboy, Old Bridge and said well why can't they have a hospital of their own? I thank you very much.

Dr. Ambrosio: I personally was at the meeting in October when the Commissioner Grant was there and she said the following. "This is an unusual thing because it happened in a hospital in New Jersey. This is a first that closed and now wants to be opened. There are no rules and regulations about this so I can't tell you yes, I can't tell you no, I can't say green, I can't say red, but I will say amber." Now I don't know what that means in the English language to some people. To me it means she didn't say no. Now she says in the papers through her representative and she told us not to fight the fight in the papers that she was doing. She says, it was very clear, she told us that we were not going to have acute beds. Well she also said something else at this meeting. She says to me " will you settle for anything less than acute care beds?" I said no. And to open incrementally that is first the lab and then perhaps the x-ray and then the ER was not the answer. In fact the state itself, their workers told us it's just as easy or just as difficult to open up all at one time and that's what we decided to do. So she knew or should have known what her employers were doing. They gave us the green light and so we went ahead and spent money, hired other people and did a lot of time taking away from the practice to bring back South Amboy hospital as a hospital. What the state really has forgotten to do is treat the people, ask the people. Not once have they come and talked to the people in the area asking them do they think we need a hospital. Now I've worked here for forty-three years and I know we need a hospital in this area. I go like George to the hospital at two-thirty in the morning. I see the people lying around in gurneys and stretchers. You have a ninety year old who's on this narrow bed and someone else is in the room next to her. What are they doing there? We need more beds in this area. The people know we need more beds. If we were only spoken to we would tell them. Now I understand everybody says the people have to take an active part in their health. They have to know, have to give input in how they want to be treated but nothing like this is being asked of the people in this area. Now the honesty is lacking. What they said was that she told us as I said that it was obvious no doubt no beds, the facts belie that statement. That's all I have to say. We thank you once again for asking us to talk to you.

President Maher: The council has prepared as a draft resolution that I believe the attorney has prepared this evening for us to review and to move up that we would send to Trenton supporting the reopening of South Amboy Memorial Center. Is that draft resolution ready Mr. Condon?

Councilman Testino: We got a resolution handed to us from the doctor tonight that was along the lines of what he was looking for.

President Maher: I haven't seen the resolution.

Councilman Hoff: I read the resolution from the doctor and it seems very thorough. I think we'd be comfortable just adopting the resolution the way it stands. We've got to help keep that hospital open. It's a hospital that my family and my neighbors have used for many years and I think six of my seven children were born there. I don't want them closing it; I want them to keep it open. I think we ought to adopt the resolution as handed us by Doctor Ambrosio tonight. I read it through twice and I can see nothing wrong with it.

President Maher: I haven't seen this draft resolution. You just gave us this evening?

Dr. Ambrosio: Yes.

Councilman Testino: I support the doctors quest and the hospital's quest to reopen. As you know I supported them when they were here before and I think that South Amboy now known as Memorial Hospital has been a mainstay in Old Bridge life for I see eighty-two years by the doctors accounting. It's unbelievable to me that with this new plan that the hospital has offered that a facility to be closed by to our residents and the need factors that have been enumerated by the cardiologist himself, Dr. Younan, I don't know how the state stands ready to deny us. Certainly anybody that lives in the eastern part of the township would know that this is the closest facility for them to access and I think on behalf of our residents I would like to offer the resolution certainly conform to the requests of Old Bridge Township and if the Mayor would join us to add her name to that so that we would be on record with the state. And I know Assemblyman Thompson's sitting in the back of the room and I implore him to use his good offices on behalf of the township and on behalf of Memorial Hospital to see that the state and this department see it the way of the people, and that is to reopen on this new plan and on this new basis to provide the emergency services and the limited number of beds that the hospital has sought to put back in service. So I would want to be the proponent as well of this resolution.

Councilman Hoff: I second the motion to pass the resolution tonight.

Councilman Sohor: Mr. Chairman, I definitely want to add my support to the Board of Directors at South Amboy Memorial Hospital in their efforts to get their hospital reopened. A few months ago I saw first hand the results of the closure of that hospital. I had a member of the family who was ill, I watched in the emergency room here at Old Bridge Regional as other patients came to the building in ambulances were turned away. The hospital was unable to treat them. I saw first hand patients needing a room in that hospital who were lying gurneys in hallways waiting for bed space. I can't see or understand how people in Trenton can say that this area is not in need of additional emergency room facilities and additional beds. To travel from this area if you can't get into Old Bridge regional to go up to Perth Amboy. Between traffic and the bridge we all know what a problem that is to get into Perth Amboy. If you need to get into New Brunswick to the hospital there Route 18 is a constant nightmare. In my eyes we definitely need a facility in South Amboy to service the population in this area and I wholeheartedly support the board's efforts to get this facility reopened. I hope to ask Dr. Thompson who is in the audience to bring that message back down to Trenton and get this process moved along before we do have an even greater catastrophe.

Councilman Butler: Mr. President, I've been asked by the Chamber of Commerce to look into this. I think a case in point here folks I received phone calls from emergency squads. If Old Bridge Regional is filled and Perth Amboy is filled that means they have to go to New Brunswick. Well if you go to New Brunswick you could be talking about a life and death situation. So I just want to thank the doctors for basically what they're doing and the resolution that we're going to pass the resolution should not only go to the governor it should go to our representatives, the State Senator Kyrillos and also Assemblyman Joe Azzolina as well our good Assemblyman in the back there Sam Thompson.

Councilman Redmond: Mr. President, I've known Dr. Ambrosio as probably you have since I was about five or six years old and I would be honored to help him in his efforts to keep this hospital open. This hospital has served both members of my family and members of this community for many years and I would be more than happy to vote for this resolution.

President Maher: Dr. Ambrosio and your guests down there I really appreciate you folks taking the time out from your busy schedule this evening and coming down and enlisting our support for the reopening of South Amboy Hospital. I encourage our surrounding communities Sayreville, South Amboy, Perth Amboy, South River to support a similar type resolution. I've just gotten word from our attorney here the resolution as presented to us this evening your draft resolution is acceptable to the township attorney and this is the resolution that has been moved by Councilman Testino, seconded by Councilman Hoff and I'd like to call a roll call on this resolution right now.

Supporting the re-opening of South Amboy Memorial Medical Center (RB)

RESOLUTION NO. 62-00

Be it Resolved, by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey, that:

WHEREAS, Memorial Medical Center at South Amboy has served South Amboy Borough, Sayreville Borough and Old Bridge Township and its neighboring communities for 82 years, and

WHEREAS, Memorial, then being managed by a consultant company, suspended operations in August 1999 due to financial hardships; and

WHEREAS, the location and geography of South Amboy and its neighboring communities is such that travel from these communities to the next closest hospital involves considerable additional travel time; and

WHEREAS, the lack of a conveniently located community hospital with an emergency room poses a substantial risk to the many senior citizens of these communities who may require urgent or emergency care; and

WHEREAS, Memorial's Board of Directors has formulated a plan to resume operations as a smaller financially viable institution; and

WHEREAS, Memorial's Board has removed the consultant, installed new management and taken steps to prepare the hospital to resume operations; and

WHEREAS, Memorial's management has made arrangements with vendors, equipment distributors and admitting physicians to have the necessary physical resources and patient population to resume operations; and

WHEREAS, Memorial's management has many experienced former employees ready to be rehired to staff the hospital; and

WHEREAS, Memorial has taken these steps while consulting with and in constant communication with members of the New Jersey Department of Health and Senior Services; and

WHEREAS, Memorial has met every request and conditions put forth by the Department of Health and Senior Services as the hospital prepares to resume operations; and

WHEREAS, despite assurances to the contrary from department staff, the commissioner of Health and Senior Services arbitrarily canceled an inspection scheduled for January 5th and 6th of 2000 and has indicated she does not want Memorial to operate again; and

WHEREAS, further delay is costly and jeopardizes Memorial's chances of successfully resuming operations

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey strongly urge Governor Whitman and Commissioner Grant immediately to conduct the inspection of Memorial and to take the other regulatory steps necessary to grant Memorial the approval needed to resume operations as soon as possible.

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor and the Commissioner of Health and Senior Services and New Jersey State Senator and Assembly persons.

Moved by Councilman Testino, seconded by Councilman Hoff and so ordered on the following roll call vote:

AYES: Councilmen Butler, Cucchiara, Hoff, Mannino, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.

Prior to the vote the following discussion took place.

Councilman Testino: Mr. President, I would ask that the office of the clerk expedite this resolution and that you sign it at your earliest convenience to deliver it to the doctor, and I would ask also that the mayor under her cover letter send it down to Trenton as well. I would like a copy to go to the Mayor. I just would like to add your offices and stature to this if you would Mayor.

Councilman Sohor: Mr. Chairman, it's my understanding that I may bring the towns of Sayreville and South Amboy in addition to passing similar if not identical resolutions of support. I have also pledged initial support to bringing Memorial Medical Center back to active life in the community. I don't know the details of exactly how much money they've been able to pledge and exactly how they're able to do that and how they're able to fund it within the budget. I would request that perhaps for a subsequent meeting the legal department and the financial department give us a report as to how the other towns were able to pledge these funds and if we were ever life lined what we would need to do in a word to put some financial backing behind our good words here tonight.

Councilman Testino: If I might add to Mr. Sohor's thoughts, when the administration of the hospital is ready and they need our support perhaps they can come back with their business plan and the resolutions from the other townships supporting financially and we can offer appropriate assistance.

President Maher: I'd like to add that have the administration contact the surrounding towns as Mr. Sohor indicated if they've made some life line type contributions or some donations what they've done and to also put that in the report back to the council.

Preliminary public comments to Council

Gerard Haran: I'm involved in several of the youth sports activity in our town. I'm also a member of this council's advisory board for Parks & Recreation & Social Services. It's come to my attention that the council is considering the formation of a Task Force for Recreational Needs. I would suggest that the council has such a committee. In fact I just went to swear in not too long ago for that committee, the Parks & Rec committee that we're on. Now I don't know, are you guys going to disband that committee and make a different committee or is there something that the council would like that committee to particularly look at? I'm a little bit confused about it. And are we going to have two competing groups, two competing committees? If the council has a particular issue that they would like that committee to look at I would suggest they'd let us know and by all means we'd look at it. We meet monthly and we hear reports from Tom Badcock and his staff about every facet about the Parks & Rec functions and social services. Anybody who's been at those meetings know that they can be pretty critical meetings and Tom Badcock has to listen to all the citizens that are in there that are volunteer members like I am and we have plenty to say and they act on that stuff. I've been a member of the town for twelve years and my children are very involved as many of you folks know. Through the efforts of our Parks and Rec Department, and through the efforts of several PTA's the relationship between our Parks and Rec Department and our Department of Education is the best that it's been that I can remember because I'm involved in both sides of it and it's the best that it's been. The Parks & Rec Department I believe is doing a very very good job. The volunteer groups in our town that run the youth sports in our town I think are doing a yeoman's job, a fabulous job for all the children in our town. What we need to do is we need to use the facilities and the vehicles that are already available to us that the council has already invented and utilize for the goals that we want. We don't need to reinvent a wheel that's already there unless it's broken. If the wheel is broken please let me know, I can hand in my card and somebody else can do the thing. But if we already have something in place I think that we should use it. Thank you.

President Maher: Gerard, I'd like to say that later on in the agenda here we'll learn more about the task force that's going to fast track the recreational master plan and I would gladly send you a letter that I've distributed to all the league presidents as well as representatives of our various sports clubs. If you want to wait around for about another half hour we'll talk about that special task force.

Mr. Haran: In your mind is that any different from what the folks like me who are already on the Parks & Rec on the council's Parks & rec Board right now?

President Maher: It will be separate and distinct and the report that they're going to distribute back to the council which I will expect in three to six months be delivered to the council as well as it would be reviewed by members of the Recreation Advisory Board.

Mr. Haran: Is that not a redundancy of what we're already doing?

President Maher: No.

Mr. Haran: Does that revalue the time that we're already putting in at all?

President Maher: No. I don't want to get into a dialog or debate but you'll have an opportunity to ask some questions later. But I welcome your input.

Bill Reed: I'd like to talk to you for a few minutes about the School House Lane project, the proposed development. For anyone who hasn't noticed from the newspapers there's a development that's being proposed next to Cheesequake State Park, Garden Road and School House Lane. This was brought before the zoning board for a variance because they wanted to build more houses than was zoned for this particular piece of property. This is now under appeal and I guess we'll hear some more about it. At that zoning board meeting many of the public that spoke that night brought up the conflict of interest problem because Mr. Hopman one of the developers happened to be the Chairman of the Zoning Board at the time although he excused himself. And the main reason why the public thought that this was forgone conclusion, that this was already passed. There is residents in the area that sat back and watched this particular piece of property being cleared without any permits being issued from this township. Nothing was brought before the planning board or the zoning board at that time. No permit was issued to test the land or anything else and the land that was cleared was in excess of 5000 square feet which is against the township ordinance and to date I don't think anyone has been issued a summons to answer to the township on this matter. It is also my understanding that this matter is on appeal before this council and it is also my understanding that if there's not enough members to have a quorum then this matter can't be heard, there will be no appeal and the zoning board's decision stands. I would just like to remind some of the council members that are sitting up here tonight to stop the madness of over development. This was a party platform that the Old Bridge Township residents sent them up here demanded and it now seems that these same members have come up with more excuses to bail out on this appeal faster than a rascal leaving the Titanic. I would just like to remind you, I know he has ties to some of the developers, Mr. Hopman. He has ties to some builders that may have helped to contribute to your campaign, but you also have a duty to the residents of Old Bridge to hear this appeal and to hear just some of the stuff that went on during our zoning board meeting. Thank you.

Corine Kaplowitz: I'd like to show you some pictures.

President Testino: Is this on a different subject or we already talked about this?

Ms. Kaplowitz: No, this is on a different subject. Mayor Barbara Cannon, President Maher, Jerry Cucchiara and Mr. Butler, I'd like to thank you for letting me have this opportunity to speak right now. I live in Lowell Manor and this is in regards to the bond release from Ecksteins Castle Builders. I have had an on going flooding problem for a few years. I have had prior contact with Mayor Barbara Cannon, Township Engineers Mr. Sumal and Mr. Iglesias, my ward representative Jerry Cucchiara and the Eckstein builders as well. The builders give me three different excuses for my flooding problem in my backyard. Their first excuse was. My fence was my fence was installed incorrectly. This was determined to be a false statement. I had other contractors come in and look at my fence and tell me if they could see a problem. They said no. They left a one and a half inch clearance below the bottom of my fence and the bottom of my yard. Therefore, the water should have had a natural flow and I should not have had flooding my backyard.

President Maher: Corine, with all due respect Lowell Manor your subdivision, and I share in your concerns, but we're rescheduling that hearing, are you aware of that?

Ms. Kaplowitz: I saw it was rescheduled with a request not to renotify.

President Maher: We'll be taking action on that later on this evening the Lowell Manor project. But since you've taken time out to come down here I'll let you continue but I would encourage you to come down and voice your concerns and displeasures again at the new date which is March 13th, but please continue.

Ms. Kaplowitz: The second reason I was given was because at the time my neighbors that had some excavation done, I had outside excavators come in and they said that what they had done in their yards should not have had anything to do with what was next to my yard at all. They're excavators, they know what they're doing. They would have been able to take care of a flooding problem if one had existed that wasn't there before. The third was, I had my own excavation done. But I had mine done on the advice of Mr. Sumal and Mr. Iglesias. They both came to my home. I was advised by them to have my trees removed and bring my grade up in my backyard. I had done that. After that was done my situation had not been alleviated. All those picture that are up there, they're on the same exact day that they were taken and it was on not a hard raining day but a medium raining day. The first two pictures are my front yard, you can see I have no problem with drainage on those sides on the front of my house, everything drains as it should. The last four pictures are backyards of the immediate neighbor to my left, my backyard and two neighbors to my right. We all have a very serious flooding problem. I'd just like to end up saying that I really consider this to be a life threatening problem. When this occurred and I took those pictures I had a little boy who was fifteen months old. I was maybe four steps away from him but the mud was so thick he fell face first. It felt like a lifetime for me to get to him to take him and pick him up, maybe three or four seconds had gone by. I consider this to be a very dangerous situation. Not only is it life threatening, a child can drown in two inches of water, that's all it takes. But also the mosquitoes that this attracts during the summer. I don't know if we have deadly ones here, mosquitoes carry deadly germs and people die of malaria and everything else from them. That's all I have to say. Thank you. I do have one request is if I could have my pictures back please.

Councilwoman Marinaccio: Corine, will you be able to get your neighbors to come down for that meeting as well?

Ms. Kaplowitz: I had a petition. I will go to every persons door and knock. I have done that before. There are quite a few of us who have this problem and it is rather serious.

Councilwoman Marinaccio: See if you can get them to come down for the hearing.

Joseph Wisniewski: This Is on the same subject.

President Maher: I'm going to ask you to come back. We're going to be taking action on that later on this evening.

Anita Clavering: I'm here tonight to ask the council, especially councilman Butler, if there are any development that you would like to present to the citizens of the third ward on the proposed ward on the proposed youth center?

Songnian Chiu: Basically the topic I tried to bring up is related to Ticetown Hills. It's been postponed and rescheduled to March 20th.

President Maher: We haven't rescheduled it. We got a letter from the attorney for the subdivision.

Mr. Chiu: I just want to bring up one question because we've been fighting with this construction work for a long time. Finally they got approval to do the job and also they caused all kinds of problems on the whole street. So they're putting some money up front as a guarantee to fix all the problems and since the mayors efforts we finally have the construction worked out. What I just find out is a lot of problem with curbs. We talked to the engineering department and sometime we never got a response and sometime we tried to ask them what's the standard to try to evaluate the condition of the work. Mr. Pinder told us, " it's based on my standard". I think that's not the way the engineer department should treat the people. We pay the taxes, if the township does some work for us we want the quality. We never see high quality. I don't want our tax money to be wasted by some construction mistakes.

Councilman Mannino: Can we have a report from the engineering department regarding what funds they're using in order to pay this?

Mayor Cannon: When Ticetown Hills was approved they were required to put money aside to address some of these drainage concerns and I have to check back and see how much money they've put in but there was money available from that fund to use. I think it may have had to be supplemented by the town because there was a finite number and this was done prior to construction so it was sort of an open issue as to how much would be needed. But we can check. We'll give you all those numbers and what was spent and what portion came from the bond.

Debbie Baumgartner: I'm the appellant in the School House Lane case. Mr. Cucchiara I think you quoted me a little wrong. What I actually said was I hope the board does not sidestep this issue, the council. I didn't say I wanted you to hurry. You can take as much time as you want to make your decision. I'm not in any hurry. I would rather have a thoughtful well thought out decision from the council. One thing that I do need though. I have a deadline of January 26th I am supposed to supply the clerk with packets of the December 2nd and December 9th transcripts. That's over 200 pages. I went to staples, it's six cents a page, it's twelve dollars a thing. If fifteen people are going to hear it I will make fifteen copies. It will cost me almost two hundred dollars. If nobody's going to hear it why kill the trees. Why should I spend my money for no reason. I would like to ask the council right now to allow me an extension so that between today the 24th and the 26th I don't have to make fifteen times two hundred pages.

Councilman Mannino: Mr. Chairman, I had thought that we already got a copy of the December 9th minutes.

Ms. Baumgartner: I understand it's my responsibility to supply this.

Councilman Mannino: We already got copies of the December 9th meeting.

Mayor Cannon: I think you have to have the official transcript.

Councilman Mannino: Well she could get the official transcript and we can make copies for the council.

Ms. Baumgartner: It's my responsibility as the appellant to provide that. I had to give a fifty dollar deposit to the clerk to show that I'm really going to give you guys those papers and then I have to either pay the balance or I'll get the deposit back when I give her the copies. I'd really like to have some sort of an extension, at least until the attorney has ruled on whether or not he'll be hearing it.

President Maher: Is it by statute when we need to have copies of this transcript?

Ms. Baumgartner: The clerk told me I have forty-five days from the day that I filed the appeal.

Councilman Mannino: But we're hearing it March 13th so we should get that a couple of weeks before March 13th.

Mayor Cannon: I think it makes only sense that she should have the attorneys ruling before she's supposed to make all these copies.

Councilman Mannino: All I know is I read the transcripts that I got for the December 9th meeting and my question is where was the rest of it because that was only one portion. I know we got transcripts. I don't know where those transcripts came from. I assume they're the official transcripts.

Councilman Testino: May I ask the clerk where the deadline comes from? Is the deadline from our ordinance or is the clerk getting that from state statute?

President Maher: State Statute.

Councilman Testino: I don't think we have the authority to amend that.

Councilwoman Marinaccio: I'm just not understanding this. If there are members of the council who feel they can't vote on this issue then this is all moot and we're making this lady go crazy for nothing here.

Ms. Baumgartner: No I'm not having a problem with that. Please take your time.

Councilwoman Marinaccio: If we're sitting here and five can't make the quorum for you ....

Ms. Baumgartner: I would much rather wait for the attorneys ruling.

Councilwoman Marinaccio: But the attorney can't tell us we can or cannot vote.

Ms. Baumgartner: There were several members who were told by the developers attorney that they were ineligible. Several of those members have in fact said no I am not ineligible. That's what the ruling is on, whether they can or cannot. We're not asking who won't, we're asking who will be allowed to vote.

Councilwoman Marinaccio: Okay, but the point being is even if legally they're allowed to vote if they have a personal conflict then they can't. If there is a personal issue in the instance that I brought up earlier, if an individual is a friend of mine and fund-raised for my campaign to the tune of forty or fifty thousand dollars and the attorney in question, the attorney for that same individual personally donated to my campaign can I hear this case on prejudice? That covers the majority of the people sitting on this council not me personally.

Mayor Cannon: This is ridiculous, she shouldn't be subjected to being harassed by a council person.

President Maher: This is not a council dialog. We're not in council discussion now. This is a period reserved for tax payers, residents to come before us and to state an issue, to bring something to our attention. It is not a form for a dialog. You've asked a simple question whether you have to go ahead and submit the documents, the stacks of paper and I believe we've answered it's state statute and by state statute we don't have any requirement to waiver that.

Councilwoman Marinaccio: Mr. President, she should know that my statement holds for seven democrats sitting up here, not me. It holds for the seven democrats sitting up here not me. It holds for the seven of us not for me solely. She needs to know that so she doesn't go spend this money needlessly. Seven democrats, that's more than a majority.

Ms. Baumgartner: At the last meeting Mr. Brietman challenged Mr. Hoff and Mr. Testino and said that he didn't believe they were allowed to vote. That is what I'm waiting for. I'm waiting for our attorney Mr. Ruggierio to decide whether in fact they can vote.

Attorney Condon: Concentrating on the issue of whether you need to have your documents in on time I have the statute in front of me which sets the time for which you need to get your transcripts in and that says within thirty-five days of service of the notice of appeal. If you don't do that the appeal may be dismissed for failure to prosecute. I would take the permissive may to mean that if council desires to that they could grant a extension of time. But you have to conclude the review of the record within ninety-five days of the date of publication. That seems to be the absolute limit.

Ms. Baumgartner: Okay, so if the council may in fact grant me an extension I'm asking you to do so. Grant me an extension until I've heard the ruling from Mr. Ruggierio.

Attorney Condon: As I said the appeal may be dismissed for failure to prosecute after the thirty-five days have expired.

Ms. Baumgartner: But it also may not be dismissed. I am asking that you would promise me that you would not dismiss it if I wait until I find out if there is even going to be a hearing. That's all I want.

Attorney Condon: If you want me to make a snap judgment at this point I would say that the use of the word may be dismissed as a permissive use of language which would give council time within the limited amount of time that they have to review this to give some discretion here and grant an extension if council wishes to pursue that. That's just my snap judgment from reading the statute.

Councilman Testino: If I were you I'd file it on time. Otherwise you're going to have people attacking the vote for the extension on conflicts, so if you want to avoid that file on time.

Attorney Condon: Yes, obviously the best advice is to file on time.

Ms. Baumgartner: Can you tell me how many copies I should submit? I was told fifteen but obviously if the council does hear it there will not be a need for fifteen copies because some people have made it very clear that they're stepping down.

Councilman Testino: But the clerk sets that number not us.

Ms. Baumgartner: She set that number when she thought it was going to be normal. It's not normal.

Councilman Testino: No she said around fifteen, it was not set in stone.

Clerk Saracino: We normally ask for fifteen because we have your nine council members, you have your zoning board attorney, you have you accountants attorney, we have the mayor, the business administrator.

Ms. Baumgartner: But you don't have nine council members. We know for a fact that at least it's only seven.

President Maher: I don't want to make this a charade. The clerk has set the policy there's fifteen. Now I've just counted that there's three that you don't have to file. Mr. Redmond won't hear it, Mr. Cucchiara said he doesn't want a copy so please let's not turn this into a charade.

Ms. Baumgartner: It already is sir.

President Maher: This is a business meeting and we're trying to help you out here. I would err on the caution.

Ms. Baumgartner: I just want to say that you heard some other people speak about drainage problems. It's wide in the whole area. If you were to go ahead and develop this area on School House Lane which is made of Keyport loam which has poor drainage and percolation and everything else you would be just be opening up another development where in two years you'd have taxpayers coming saying help me, help me. It's time to be pro-acting instead of reacting.

GUEST

Assemblyman Sam Thompson - (Joint Study Train Station - Location Metro Park/Genoa)

Assemblyman Thompson: For any residents that may not be familiar with what we're speaking about I'll go over the history a little bit. Last year someone raised the question with me that led me to begin to think about the prospects of a train station here in Old Bridge. I contacted the mayor's office. And of course Rondell Construction a number of years ago got a GDP for a development which included plans to put in a train station so I pursued this as well. That development is now owned by Old Bridge Associates. I contacted them and they were very interested in having a train station built in Old Bridge. We're a population of over sixty thousand people and we have a passenger train running through the town now so it made sense to help with the congestion and commutation problems we have. So I got the developer Old Bridge Associates, the mayor, Councilman Testino, New Jersey Transit and we went for a site visit last year. New Jersey Transit is quite enthusiastic about the prospects. They are very supportive of it. The developer also is very interested and the township of course. Subsequent to the site visit the developer had met with the Garden State Parkway. The plans call for construction of direct access from the parkway into the train station. Consequently the parkway becomes a very critical partner in the deal. The response they've gotten from the parkway has also been quite positive. One problem there that's going to have to be dealt with down the road is that the parkway has estimated it may cost two million dollars to build the access and egress from the site, but this is something that's going to have to be negotiated on the whole project as we get further down the road. The developer is also in the process of negotiating with a consultant who is possibly coming on board. This consultant has special expertise in such transportation related projects relative to getting approval for them, relative to obtaining grant money for them and etc., because of course we'll look into prospects of getting grants to help out with the overall cost of it. Additionally, Arcone owns the atrium project. So the developer is in the process of negotiating with them relative to an easement for the parkway access. They are continuing to pursue it actively. As you can well imagine this is not something that one can get done overnight but the developer is working on it, I'm continuing to work on it. We'll keep the township involved and push until we get a train station there. I think it is something that we very much need here.

President Maher: Mr. Thompson, what meeting or discussions ... what has happened since November?

Assemblyman Thompson: They have met with the parkway, had their discussions with them which are ongoing. They're continuing with ongoing discussions with New Jersey Transit. They have gone into negotiations with Arcone about getting the easement there, and of course they're continuing to work on their overall development plans. The whole picture has to come together to make the thing feasible.

President Maher: Are there any subsequent or follow up meetings that the township, we should be aware of?

Assemblyman Thompson: I'm sure there will be but not at this particular point in time. Again, they have their negotiations, these other parties going on right now and discussions, but long before anything reaches fruition the township will be brought in on it I'm sure because the whole thing has to fit together.

President Maher: You know this has been talked about for quite some time, ten, fifteen, twenty years.

Assemblyman Thompson: Right, and that was the time that Rondell ran into financial problems and etc., so the whole thing was shelved. But I think Old Bridge Associates is in a much better position and I'm very optimistic about where it's going to go.

Councilman Hoff: Mr. Chairman, can I ask the assemblyman a couple of questions? Sam I talked to you informally the other day and I feel if all we're getting is a train station that's like having a ferry slip. Has the Old Bridge Corporation, whatever their name is, have they mentioned the extent of the commercial buildings around this train station?

Assemblyman Thompson: Well of course there is considerable commercial in that project and of course the more commercial that's in it the more feasible it makes it for them because this is a very attractive feature for commercial.

Councilman Hoff: In Rondinelli's conceptual plan they even talked about a hotel. Is it part of that now?

Assemblyman Thompson: The specifics of what is concluded in their plan relative to the development that I don't know. Again, they're currently operating under the GDP that Rondell had gotten and obviously modification from that they would have to come back to the township.

Councilman Hoff: Can you give us a time idea of when this thing will come forth, when we'll have a picture of what's coming down? When are they talking about?

Assemblyman Thompson: No time frame has been set on it. They're actually working towards it but again, they're not in a position I think to be able to give you precise time frame. Again, there's negotiations of at least three agencies here that have to be conducted and until they move along they couldn't be giving you a time frame.

Councilman Hoff: A lot of people in our area drive back and forth and look at that thing every day. They made it like a football field. Everything looks nice and of course they're anxious to find out what's going on. What are they going to put in my backyard? We know once we do something permanent in there we can tie in the Genoa sewer system and it's just an easy thing to tie into there. I'm anxious to see some commercial development and I hope you do something for it soon.

Assemblyman Thompson: Of course I do have their approval but we're previously ...not clear...and that's what we have to live up to at the present time.

Councilman Testino: My concerns here with this train station and the loop with the Garden State Parkway is being kept involved in the approval process. Now I know at some point they may have to come forth to our planning board. But that may be a little late for us if DOT and New Jersey Transit and the Garden State Parkway have already spoken. What process do you envision?

Assemblyman Thompson: There's a definite interest to pursue the matter further.

Councilman Testino: I envision the parkway bridge and the accesses on Laurence Parkway having to be improved. At least one more access off ramp more like a clover leaf there than opposed to the three ramps that we have now, and then improvement to Laurence Parkway which means the county has to be involved. I don't know, you said New Jersey Transit, but I guess DOT has to be involved to some extent. Is that right?

Assemblyman Thompson: Well New Jersey Transit comes under DOT yes. But Jim Weinstein the Commissioner is also on board on this.

Councilman Testino: If I had my druthers and I knew parking lots were coming along I'd have a parking authority that would perhaps build a parking facility that was suitable to the township making some money. Do you think that DOT wants to do that?

Assemblyman Thompson: Well as I indicated ultimately there's going to be a discussion about how this whole thing gets paid for and I'm sure at that time that the township will be involved, the county may well be involved as well as DOT and etc.

Councilman Testino: Well you know that's where I'm leading now as I want to make sure the township gets it's fair share and we're not carrying the burden for Aberdeen, Sayreville, Matawan and that we get some state money in here to relieve the burden on the township taxpayers for all these types of improvements. Or if we have to bear the brunt of it that we get the back end benefits of it i.e., cash to alleviate some of our problems that are going to grow out of having such a facility in this township and I ask your good offices to help us in that regard.

Assemblyman Thompson: I'll certainly do my very best.

Councilman Testino: But I also ask that you keep us apprised as you may be more into the loop than we are as these processes move along and keep the mayor apprised and this council apprised of when a significant approval date is coming up or meeting as Mr. Maher has asked so that perhaps we can send our president down to attend and advise the council, keep us up to speed and we in turn can tell our constituents that we share.

Councilman Hoff: We need to be involved Sam.

Assemblyman Thompson: You, I, the mayor, we're all interested in doing what is best for our residents in this town and that's where we're coming from, that's where we're going.

Councilman Testino: I'm just trying to say It's going to be a lot harder sell on our constituents.

Mayor Cannon: I don't think anyone's looking at ... as somebody has said this has been discussed for about eighteen years so it's not something new that just was plopped down. We're trying to see if this can happen. I think it would be very positive to the community and I'm sure that the assemblyman will keep us well informed and we will make sure that everybody is kept up to date on everything that's going on.

Assemblyman Thompson: And as for Assemblyman Hoff of course one of the reasons for an interest here is it is essential for bringing in that commercial development there that will provide tax rateables that will help to hold down the property taxes in the town as well as giving the commuters another way to get into New York to relieve some of the congestion.

Councilman Hoff: Well the mayor says it's been laying for eighteen years so we can't look for anything to happen right away but I don't agree with that. There's been an awful lot of money spent in straightening out that land.

Mayor Cannon: Well we have somebody finally interested in moving the project because I think we're all pretty exited about it.

Councilman Hoff: There's a lot of money in developing that land. There's been an awful lot of equipment that's been used there all summer long and into the late fall. In fact they're still moving...

Assemblyman Thompson: Again they've got a certain amount of work there and whether that approval was contingent upon a train station being built or not I don't think it was. This is something extra maybe thrown in that may be beneficial to Old Bridge.

Councilman Redmond: Sam have there been any drawings or anything. Has anybody put anything on paper or is this strictly discussions? Is there any kind of a conceptual sketch?

Assemblyman Thompson: I would say at this point councilman that's it's more of a conceptual because they pulled out the old plans that Rondell had created, but they're not necessarily saying that this is exactly what we're going to do. That's the only kind of drawings that were there but we're still more in the conceptual stage at this point.

Councilman Redmond: If you recall with the metro park in Metuchen that's the only other train station that I know of that has parkway access to it, and I mean that just grew into an enormous commercial office park.

Assemblyman Thompson: There's just not the kind of property there available to do that in this area.

Councilman Redmond: I know that's why I'm asking if anybody has anything that we could look at.

Assemblyman Thompson: The only thing that they currently have again that I have seen are the plans that Rondell had put forward back when he went to the DOT. Of course, those are on file here in the township.

President Maher: Thank you Assemblyman. The next point on the agenda we're going to get into the hearings right now.

CERTIFICATE OF APPRECIATION - Academy Honda

Mayor Cannon: I have a presentation to make to a company that's donating quite a bit of money to the town. Mr. Ghaw is here to accept it and I want to explain a little bit how this came about. We had a visit or a call I guess from Mr. Ghaw explaining that Academy Honda had entered into a new community service program and they were setting a fund every year to contribute to the community and they had the sum of $10,000 that they were looking to contribute to Old Bridge and came and met with us as to how it could be most used to the best advantage to the community and so we talked about the Robin program which is a therapeutic recreation program and they've decided to donate $5000.00 of that to that program which will allow the program to expand some of it's field trips and to engage in more programs and certainly that is very welcome. And the other $5000.00 is going to the cultural arts committee to expand the summer concert series which we started last year and was very successful and this will allow us to add more programming in that area. So to show our appreciation and thank you to Academy Honda I would like to give this certificate of appreciation presented to Academy Honda in recognition of your donation to the Township of Old Bridge Camp Robin and Cultural & Heritage Commission. Your sincerity will help empower the programs set forth by this town which contribute to the life of our community. And we think you've done a very generous wonderful thing and we hope that many follow.

Peter Ghaw - Academy Honda: Thank you Mayor Cannon and thank you Council Members. I would like to say thank you, you give us a lot of cooperation to make our business successful. We always like to do something for the township and I hope these contributions should be beneficial to the township and the community. Thank you very much.

Councilman Testino: Mr. Maher, If I may we have another guest if we could skip down to The Title 39 Ordinances, the Vice-Principal of the high school is sitting patiently, Art Barnes and we also have Al DiRocco here as our school board member to talk about those matters.

DISCUSSION ORDINANCE

DO-1 Title 39 Ordinance - Old Bridge High School - West

DO-2 Title 39 Ordinance - Carpenter School, Old Bridge

DO-3 Title 39 Ordinance - McDivitt School, Old Bridge

DO-4 Title 39 Ordinance - Schirra School, Old Bridge

President Maher: Why don't either one of you give us a quick overview here of what the school system is asking us to do here. It's kind of hard to believe that these laws haven't been in place since the schools have opened here. Tell us what we need to do here.

Mr. DiRocco: What has happened I think there was an oversight. Going back to 1978, 79 title 39 was supposed to be enforced in all school properties, the elementary, middle and the high schools. Somehow it got lost in the shuffle and it never was voted in as an ordinance and the police cannot enforce any laws on school property. It was brought to my attention during the course of one of our agenda meetings on a discussion over a motor vehicle problem and I suggested that they call the police down and have the car ticketed. One thing led to another and we go to find out there is no Title 39 on the school property. So being a former police officer, like most of you know, I got very upset about that because I honestly believed there was Title 39 on the school property, but no there isn't. So I'm pushing it a little folks on the council. We need your help. Mr. Barnes will give you all the facts, I will try to help as best I can but I think this will assist the administration in a lot of ways. Take them in the schools where they belong and put the police on the street where they belong. We have an officer that works the parking lot of the high school, this will give him a little something to do instead of all the complaints I read in the newspaper. Now he can ride around the parking lot to see who has stickers on the cars and see that they're in the proper parking areas. I'm going to turn it over to Mr. Barnes now and if there is any questions pertaining to these ordinances he'll be glad to answer them for you.

Mr. Barnes: First of all I'd like to state that the relationship of a vice-principal and the police officers in town is rather intense. We meet on many, many occasions for many, many different things, and throughout the course of the last seven years that I've been vice-principal each time when we try to enforce the rule that we think is in place the officers tell us that Title 39 has not been enacted. Mr. DiRocco and I have worked with Dr. Gregory Quirk the assistant superintendent to come up with some of the things that might be helpful for you in developing ordinances that are enforceable and will work for a safer better environment for our elementary schools, the Old Bridge High School west campus and in the future both middle schools and the other elementary schools that are not addressed in the ordinances at this time. So I know that I did see a portion of the meeting a week or two ago and there were some questions. I've attempted to answer some of the questions and review and anticipate some of the things that the council members may have. So I'd like to leave it to you now to ask any questions that you may wish to ask Mr. DiRocco and myself.

Councilman Cucchiara: Do we have Title 39 in all the schools or do no schools have Title 39?

Mr. Barnes: No schools have Title 39 at this point.

Councilman Cucchiara: Why are we only asking for those certain schools?

Mr. Barnes: They were the first ones that came up on the ordinances. I think we're soon going to have them for all the schools. Currently this evening we have three elementary schools and the west campus.

Councilman Cucchiara: If I may make a suggestion I'd just keep moving along.

Councilman Testino: My understanding is that the DOT has approved these and that's why these are up right now and the other ones are pending DOT approval. Is that right Al?

Mr. DiRocco: Yes they are.

Mr. DiRocco: According to the procedure yes. I think this is where it got lost originally. It never got to the council for approval. Everything else was done but until you people place this into law nothing can be done. So we're willing to take this now as a start but I'm sure we're going to be back again for the other elementary, middle schools and the other high school.

Councilman Testino: I heard the business administrator answer my question. Is that your understanding?

Administrator Shepler: Yes it is and I believe at the last meeting, I did miss one meeting in between, but there was a question as to the names of the streets and I noticed on Old Bridge West, that's now called Road A a/k/a Wisdom Way, but I believe Councilman Sohor raised an issue on one of the other schools as to the exact name of the street as opposed to naming it A, B or C, and I don't know if that's been corrected or not.

Councilman Sohor: On the McDivitt ordinance it hasn't been, but I have a lot of other detailed questions. The first presentation of these ordinances came without site plans. I'm looking at the high school proposed ordinance right now. I'm looking at the "site plan". The first thing that comes to mind without looking at the way the ordinance is written to supposedly support the site plan is that this site plan really isn't very accurate. The site plan doesn't really delineate how many spaces there are and where those legal spaces are. I'm quite familiar with the property and what was done here, this is a generic sketch of the property and somebody has put in some cross ...not clear. I know that if we're going to start ticketing anybody in this property tickets aren't going to stand up with this site plan because it just does not show the parking spaces as they exist. If this is the way you intend to change the parking layout we're going to eliminate an awful lot of space.

Mr. Barnes. This is just a sketch that was given to us so we could present this to the council. If you read one part in the ordinance all vehicles granted parking space and then in section three that a site plan must be attached with the designated spots and the numbered spots. That would be done.

Councilman Sohor: That's one of the things we have to have before we can act on an ordinance is an accurate site plan.