Old Bridge Township, New Jersey - March 6, 2000 Minutes

An Agenda Meeting of the Township Council of the Township of Old Bridge was held in the Municipal Complex on March 6, 2000. The meeting was called to order by President Maher who invited all to participate in a salute to the flag which was followed by a short prayer.

Moment of Silence - In Memory of Peter A. Mannino.

Councilman Hoff: Peter Mannino worked for many years for this town, and did a lot of good for a lot of people. I had the pleasure of serving with him. He was a good and hardworking council person. We all owe Peter a moment of official silence.

Stella Ward, Deputy Township Clerk, announced that the meeting was being held in conformance with the Open Public Meetings Act and that the next public meeting of the Township Council would be held on March 13, 2000 at 8:00 p.m.

Council Comments.

This meeting tonight combines two meetings. Based on the recent passing away of Peter Mannino, the council will be taking action on pages 1 and 2 of the agenda. This is a carryover from the February 28 meeting. We will take action on everything up to "Ordinance for First Reading". If anyone is here to speak on any of the hearings, we will hear from you.

Presentation - Special Olympics.

Mayor Cannon: The New Jersey Special Olympics Group from Old Bridge did a terrific job in representing our township. We congratulate and honor them.

Certificates were presented to: Alissa Vas, Joseph Criscuolo, Jim Smith, Pamela Giles, Nicholas Grant, Dawn, James Colletti, David Cohen, Pamela Erosh, Michael Gordon, Jessica, and Tracy Jennings.

Special recognition was given to Peter Pero, Therapeutic Ice Program Coordinator; Tony D'Agusto, Head Instructor for the Ice Program; Barbara Grant, Chaperone; Melissa Finkelstein, Chaperone; Allyson Vas, Chaperone; Joe Criscuolo; Kyle Seltzer, Assistant Coach; Jim Smith, Assistant Coach; and Tim Mahoney, Head Coach.

Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Butler, Cucchiara, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

Guest - The Family of Peter A. Mannino.

Charles Mannino: Donations made in Peter Mannino's named are to be used for the park.

Amelia Mannino: We would like to present to Mayor Cannon a check in the amount of $500 from Peter Krause, a partner in Greenhill & Co., to start the park fund. We believe that the park on Rt. 516 was one of my father's biggest ambitions. We hope to make sure that this park is built. This will be our way of honoring our father the way he honored us and our community during the last sixteen years and before that with his work with the little league and soccer league.

Council Comment.

President Maher: The council is prepared to take action on Items C-1 up to and including H-3. I shall give the public an opportunity to speak on any of these issues.

President Maher opened a public portion. Seeing no hands President Maher closed the public portion.

Consent Agenda.

No. 100 Approval of Bingo Raffle.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the following organizations have made application to hold, operate and conduct a Bingo/Raffle; said applications being in accordance with the statutes relating thereto:

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Old Bridge that the Clerk is hereby authorized and directed to issue to the applicants, the following licenses:

Old Bridge PTA President's Council RA42-00
Old Bridge PTA President's Council RA43-00
Bayshore American Hellenic Assoc. RA44-00
St. Ambrose Home School RA45-00
St. Thomas Home School RA46-00
Temple Ohav Shalom BA47-00

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

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

NAYS: None.

No. 101 Granting permission to hold opening day parade Laurence Harbor Little League on April 15, 2000 commencing at 9:00 a.m.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Laurence Harbor Little League has requested permission to hold a parade on April 15, 2000; and

WHEREAS, the Township Council wishes to endorse and permit a parade for the Laurence Harbor Little League; and

WHEREAS, a parade route has been submitted to the Township Clerk.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that it hereby grants permission for the Laurence Harbor Little League to be held on April 15, 2000.

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

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

NAYS: None.

No. 102 Granting permission to hold a opening day parade Madison Park Little League on April 15, 2000 commencing at 9:30 a.m.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Madison Park Little League has requested permission to hold a parade on April 15, 2000; and

WHEREAS, the Township Council wishes to endorse and permit a parade for the Madison Park Little League; and

WHEREAS, a parade route has been submitted to the Township Clerk.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that it hereby grants permission for the Madison Park Little League to be held on April 15, 2000.

WHEREAS, the Laurence Harbor Little League has requested permission to hold a parade on April 15, 2000; and

WHEREAS, the Township Council wishes to endorse and permit a parade for the Laurence Harbor Little League; and

WHEREAS, a parade route has been submitted to the Township Clerk.

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

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

NAYS: None.

No. 103 Authorizing professional service contract with Parker, McKay & Criscuolo as Bond Counsel.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of bond counsel; and

WHEREAS, Parker, McKay & Criscuolo, a licensed New Jersey firm, is licensed as capable and available to undertake such work.

WHEREAS, the Mayor has appointed the said firm in accordance with Ordinance 208.3(c).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows:

1. A contract for professional services in the form attached to this resolution is authorized to be entered into.

2. Said contract to be amended to delete language that makes it an exclusive arrangement and add language to allow use of other bond counsel.

3. The Mayor and Township Clerk of the Township of Old Bridge are hereby authorized to affix their signature to the contract documents evidencing this professional contract.

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

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

NAYS: None.

No. 104 Memorializing release of performance guarantee - Oasis Ford.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the developer for Oasis Ford has requested a reduction of its performance guarantee posted at the inception of their projects; and

WHEREAS, a public hearing was held on February 7, 2000 at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, a representative of the Township Engineer's Office has performed an inspection of the site improvement; and works and find that these have been completed satisfactorily; and

WHEREAS, the Township Engineer recommends release of the performance guarantee as follows:

Performance Bond $916,077.60

10% Cash Deposit $101,786.40

WHEREAS, release of the performance guarantee will be subject to the Developer posting a two (2) year maintenance bond in the amount of $152,679.60 (15% of the performance guarantee).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the performance guarantee be released subject to the developer posting a two (2) year maintenance bond in the amount of $152,679.60 (15% of the original performance guarantee of $1,017,864.00.)

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

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

NAYS: None.

No. 105 Memorialize 35% reduction of performance guarantee - Rolling Meadows.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the developer for Rolling Meadows has requested a requested a reduction of its performance guarantee of the Rolling Meadows Subdivision pursuant to the Land Development Ordinance of the Township of Old Bridge; and

WHEREAS, a public hearing was held on February 7, 2000 at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, the Township Engineer in a report has recommended reduction of the performance guarantee of the Rolling Meadows Subdivision pursuant to NJSA 40:55D-53C. The Engineer's report is hereby incorporated by reference in this resolution; and

WHEREAS, the Township Engineer has performed an inspection of the site to determine the value of bonded items completed and the amount by which the Township Council may reduce the performance guarantee; and

WHEREAS, the Township Engineer has recommended that the performance guarantee be reduced pursuant to NJSA 40:55D-53 (e)(1).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:

(1) That the performance guarantee posted by Foxborough Village, Inc. be reduced by 35% from $832,869.30 to $541,365.04 as follows:

Performance Bond $749,582.37

Reduce By $262,353.83 (35% of $749,582.37)

Revised Bond $487,228.54

Original Cash Deposit $83,286.93

Cash to be Returned $29,150.43 (35% of $83,286.93)

Cash to be Retained $54,136.50

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

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

NAYS: None.

No. 106 Reconsideration of reduction of performance guarantee - Carrington Woods.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Fonseca Group has requested a reduction of its performance guarantee of Carrington Woods pursuant to the Land Development Ordinance of the Township of Old Bridge; and

WHEREAS, a public hearing was held on September 13, 1999 at which time the Township Engineering Department and the Township Council were heard and the reduction was denied; and

WHEREAS, the Township Engineer in a report has recommended reduction of the performance guarantee of Carrington Woods pursuant to NJSA 40:55D-53C. The Engineer's report is hereby incorporated by reference in this resolution; and

WHEREAS, based on the recommendations of the Township Engineer, the Township Council believes that a proper reduction of the performance guarantee is as follows:

Present amount of Performance Guarantee $495,854.14 to be reduced to (50% Reduction) $247,927.07

Total amount of New Performance Guarantee to be posted as a Letter of Credit or Third-Party Surety Bond $223,135.00

Total amount of Cash to be Retained by the Township as Performance Guarantee $24,792.07

Total amount of Additional Cash to be retained by Township of Old Bridge for Trees Planted in the Conservation Easement $ 10,000.00

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the request of Fonseca Group for a reduction in the performance guarantee be and hereby is granted as follows:

Present amount of Performance Guarantee $495,854.14

To be reduced to (50% Reduction) $247,927.07

Total Amount of New Performance Guarantee to be Posted as Letter of Credit or Third Party Surety Bond $223,135.00

Total Amount of Cash to be Retained by the Township as Performance Guarantee $24,792.07

Total Amount of Additional Cash to be Retained by the Township for Trees Planted in the Conservation Easement $10,000.00

BE IT FURTHER RESOLVED that the Township Attorney and the Township Engineer shall jointly certify that the $9,000.00 required by the Old Bridge Township Planning Board to be set aside and dedicated to recreational equipment and fixtures at Carrington Woods has been paid. In the event such sum has not been paid, the Finance Director is instructed to withhold the additional amount of $9,000.00.

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

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

NAYS: None.

No. 107 Granting permission for family day on June 10, 2000 - Raritan Bay Medical Center.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, a request has been made by Raritan Bay Medical Center to hold a Family Day on Saturday, June 10, 2000 from 11:00 a.m. to 3:00 p.m.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that permission to hold said Family Day is hereby approved subject to the following:

1. Submission of a site plan to include the following:

a. Depict type of structure, location and size;
b. Any out buildings and use;
c. Location of any vendor - sale of food included;
d. Staging area, auxiliary use, how many;
e. Location of toilet facilities and how many;
f. Construction of bleachers, any seating arrangements and all Electrical equipment

2. Reimbursements to Township for overtime inspection fees and police performance on Sunday/Holiday, if applicable.

3. Approval by Township Council for use of overtime or inspections and police.

4. Submission of fire rated certificate for tents.

5. Original certificate of liability insurance in the amount of $1,000,000.00 naming the Township as certificate holder.

6. Obtain required fire permit from fire official.

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

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

NAYS: None.

No. 108 Granting permission to Calvary Chapel to hold Easter Sunrise service at Lombardi Field on Sunday, April 23, 2000 at 6:00 a.m.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, Calvary Chapel of Old Bridge has requested permission from the Township of Old Bridge to assemble at Lombardi Field on April 23, 2000 for an Easter Sunrise Service; and

WHEREAS, the Township of Old Bridge wishes to comply with Calvary Chapel's request.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that permission for Calvary Chapel to assemble on Easter Sunday for their Sunrise Service is granted contingent upon their providing to the Township Clerk the following:

1. Written approval from the Board of Education allowing the use of Lombardi Field since it is the Board of Education's property.

2. Notification to the Old Bridge Police Department so that they can handle any necessary traffic control.

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

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

NAYS: None.

No. 109 Memorializing telephone vote of 2/28/00 authorizing the filing of Green Acres application for Woodland Trails, Cedar Ridge II Tract Acquisition.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program ("State"), provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and

WHEREAS, the Township of Old Bridge desires to further the public interest by obtaining a loan of $2,615,375 and/or a grant of $2,615,375 from the State to fund the following project(s): Acquisition of the Cedar Ridge 2 Tract Located on Ticetown Road.

NOW, THEREFORE, the governing body resolves that W. Thomas Badcock or the successor to the office of Director of Parks, Recreation, Social Services is hereby authorized to:

(A) make application for such a loan and/or such a grant

(B) provide additional application information and furnish such documents as may be required

WHEREAS, the State shall determine if the application is complete and in conformance with the scope and intent of the Green Acres Program, and notify the applicant of the amount of the funding award; and

WHEREAS, the applicant is willing to use the State's funds in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the State for the above named project.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge:

1. That the Mayor of the Township of Old Bridge or board is hereby authorized to execute an agreement and any amendment thereto with the State known Cedar Ridge 2 Acquisition; and

2. That the applicant has its matching share of the project, if a match is required, in the amount of $2,615,375; and

3. That in the event the State's funds are less than the total project cost specified above, the applicant has the balance of funding necessary to complete the project; and

4. The applicant agrees to comply with all applicable federal, state and local laws, rules and regulations in its performance of the project; and

5. That this resolution shall take effect immediately.

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

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

NAYS: None.

No. 110 Authorizing emergency appropriation for fiscal year 2000 in connection with snow removal in the amount of $45,000.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, an emergency has arisen with respect to Snow Removal and no adequate provision was made in the SFY 2000 Budget for the aforesaid purpose, and NJSA 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned; and

WHEREAS, the total amount of the emergency appropriations created including the appropriation to be created by this resolution is: $45.000.00 and 3% of the total operations in the budget for the year SFY 2000 is $774,981.45

NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with NJSA 40A:4-48:

1. An emergency appropriation be and the same is hereby made for Snow Removal:

Salaries and Wages $20,000.00

Other Expenses $25,000.00

2. That said emergency appropriation shall be provided in full in the SFY 2001 Budget.

3. That three certified copies of this resolution be filed with the Director of Local Government Services.

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

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

NAYS: None.

No. 111 Authorizing payment of accumulated time - Victor O'Brien.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Township Council of the Township of Old Bridge has a policy which requires the Township Council's authorization of any pay out of accumulated time, $5,000.00 or greater, to be authorized by resolution; and

WHEREAS, due to retirement from his position at the Township, Victor O'Brien is entitled to a pay out of accumulated time; and

WHEREAS, the Township Council wishes to authorize such pay out.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that a lump sum pay out of accumulated time is hereby authorized to be paid to Victor O'Brien in the amount of $11,064.12.

Sick (9) $2,497.23

Vacation (30 days) $8,324.10

Compensatory Time (7 hours) $242.79

Total $11,064.12

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

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

NAYS: None.

No. 112 Authorizing payment of accumulated time - Donald Stratton.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, due to retirement from his position at the Township, Donald Stratton is entitled to a pay out of accumulated time; and

WHEREAS, the Township Council wishes to authorize such pay out.

Sick (264) $72,747.72

Vacation (23.5 days) $6,475.65

Compensatory Time (62 hours) $2,126.81

Total $81,350.18

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

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

NAYS: None.

No. 113 Approving personal leave of absence - Kim LoPresti.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, group life insurance is provided for members of the Public Employees Retirement System (PERS) effective January 1, 1956 by act of the State Legislature; and

WHEREAS, both non contributory and contributory benefits are made available to employees who meet the eligibility requirements; and

WHEREAS, when a member is granted an official leave of absence without pay, the noncontributory and contributory insurance will continue for up to two years while on leave due to illness provided the public employer approves the leave by formal action; and

WHEREAS, at the end of the two year period of time, the member is permitted to convert the group policy to an individual policy.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Kim LoPresti, Township employee has formally requested leave of absence without pay resulting from a personal illness.

BE IT FURTHER RESOLVED, that the leave of absence will become effective as of March 2, 2000 and notification of said leave will be provided to the Division of Pensions by Marsha Rosenbaum, Director of Human Resources, and a copy of this resolution shall also be provided to Kim LoPresti.

BE IT FURTHER RESOLVED, that the leave of absence of Kim LoPresti is formally recognized having been heretofore authorized by the Mayor, and it is understood that the Mayor may terminate the said leave of absence recognized under this resolution at any time and/or for any reason.

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

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

NAYS: None.

No. 114 Authorizing agreement with Middlesex County Improvement Authority for the provision of yard waste recycling and marketing services.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, pursuant to the Solid Waste Management Act, NJSA 13:1E-1, each county within the State of New Jersey is deemed a solid waste management district; and

WHEREAS, the Board of Chosen Freeholders of the County of Middlesex has adopted the Middlesex County Solid Waste Management Plan; and

WHEREAS, the County has adopted a mandatory recycling plan and designates the Middlesex County Improvement Authority as the sole implementing agency responsible for the implementation of the County's recycling plan; and

WHEREAS, the Township Council wishes to enter into an agreement with the Middlesex County Improvement Authority for provision of yard waste recycling and marketing services.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the agreement be entered into with the Middlesex County Improvement Authority for the provision of yard waste and marketing services; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk of the Township of Old Bridge are hereby authorized to affix their signatures to any and all documents necessary to effectuate this agreement. The Township Attorney shall review any and all documents relating to this agreement.

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

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

NAYS: None.

No. 115 Memorializing telephone vote of February 28, 2000 on accounts payable portion of bill list in the amount of $13,750,250.00

RESOLUTION

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 February 28, 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 February 28, 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 $13,750,250.00

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

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

NAYS: None.

No. 116 Payment of accumulated time retirement - Sandra Wishnia.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, due to retirement from her position at the Township, Sandra Wishnia is entitled to a pay out of accumulated time; and

WHEREAS, the Township Council wishes to authorize such pay out.

Sick $25,789.81

Vacation $3,856.42

Compensatory Time $6,611.01

Personal Days $192.82

Total $36,450.06

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

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

NAYS: None.

No. 117 Authorizing planning board contract with Sheehan Consulting Group.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Planning Board of the Township of Old Bridge requires the services of Sheehan Consulting Group, P.A. to counsel, advise, represent and assist the Planning Board in various planning and application review activities; and

WHEREAS, Sheehan Consulting Group, a licensed New Jersey consulting firm, was and is recognized as capable and available to undertake such work; and

NOW, THEREFORE, BE IT RESOLVED but the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:

1. A contract for professional services is hereby authorized to be entered into. The compensation to Sheehan Consulting Group shall be based upon the attached year 2000 compensation schedule.

2. The Mayor and Township Clerk of the Township of Old Bridge are hereby authorized to affix their signatures to any and all documents necessary to effectuate this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.

3. This contract is awarded for a term exceeding the current budget year.

BUDGET YEAR FY2000

AMOUNT See 2000 Compensation Schedule

(To be charged against review escrows)

The availability of a sufficient appropriation to fund the purchases authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in the future budget year, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.

4. This contract for professional services and according to New Jersey Public Contract Law, the Township Clerk shall publish a statement of reasons for awarding of the contract, to wit; the professional named in this resolution is a recognized professional in the tax appraisal field.

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

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

NAYS: None.

No. 118 Regarding the Township Council's concern with respect to the impact of Middlesex Water pumping water from aquifer for profit.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Township Council has concerns regarding the City of Perth Amboy's contract with Middlesex Water Co. and the pumping of water from the aquifer which is located on Township boundary; and

WHEREAS, the Township Council also has concerns regarding the amount of profit the City of Perth Amboy will make over the next five years due to their agreement with Middlesex Water Co.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that research be conducted with regard to Perth Amboy's agreement with Middlesex Water Co. and the pumping of water from the aquifer and the amount of profit the City of Perth Amboy will be making with regard to said agreement.

BE IT FURTHER RESOLVED that the OBMUA and its Executive Director, Arthur Haney, shall receive a copy of this resolution and shall be requested to assist the Township of Old Bridge in pursuing these subject matters and advocating prudent conservation of water resources; and

BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Robert C. Shinn, Jr., Director of the New Jersey Department of Environmental Protection, State Senator Joseph M. Kyrillos, Assemblyman Samuel D. Thompson, and Assemblyman Joseph Azzolina.

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

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

NAYS: None.

Prior to the roll call vote the following discussion took place.

Councilman Testino: I would like this to be directed to the Municipal Utilities Authority. I have had conversations with Mr. Haney who seems to be well advised of what the possibilities are here and what needs to be monitored and where to go in the state to check out the restrictions.

Councilman Hoff: There has to be a way that we can get relief from Perth Amboy taking the water from Old Bridge sands and Farrington sands and selling it in the private sector for profit. Someone has to look out for our interests.

Councilman Testino: I know that Mr. Enright has reviewed this previously, but perhaps the new numbers we have will assist him in his assessment. I hope that the administration will direct him to review this again and look at the situation at Edison's facility. I want to be sure that the resolution directs some action to the MUA, and that they review what Old Bridge's rights are.

Councilman Hoff: I see no advantage of our getting into a tangle with the MUA. The bad guy is the City of Perth Amboy. We should reevaluate their taxes. A property in business is worth more in assessed valuation. Let's enlist Mr. Enright's involvement.

Councilman Redmond: The product is being sold for profit. When we tax, we tax on the building, but in this case the product comes out of the ground. Is there a way to reevaluate the tax situation. This has been privatized and no longer a municipal entity.

Attorney Ruggierio: We pursued this last year with Mr. Haushalter. We were satisfied that there was no basis for additional taxation. Pulling the resource out of the ground and selling it is an issue that should be regulated. It is common knowledge that water tables are dropping in various parts of the state because of excessive use. The DEP has standards about these issues.

Councilman Testino: I have had conversations with Mr. Haney and the MUA engineer. There are standards from the DEP about how much water can be pulled out of these aquifers, and the state monitors them and they are subject to lobbying which we may need to get involved in as a township. In 1988 Old Bridge's rights to pull water were cut back because of the salt water infiltration. Within a few years we are going to be pulling almost one-half of our water supply from Middlesex Water. With all the new homes and the stress of the water system in Old Bridge, it may be prudent for the MUA and the township itself to make sure that the water supply will meet our needs in the future, and that we should not rely on Middlesex Water to pump it around the horseshoe at a higher price.

Attorney Ruggierio reads a revised resolution to include the desire of the Township Council to send a copy of the resolution to state officials and the executive director of the MUA.

Councilman Redmond: When the water tower was built without a variance. I was told that they were a public utility and not required to obtain a variance. Now that they privatized this, do they still enjoy this status?

Attorney Ruggierio: I don't know the answer to that question. They do have a long-term lease for an exempt entity. I think they would have to be subject to local approvals with respect to installation of infrastructure changes.

Councilman Redmond: Please include this in our research with respect to the impact of this. There are certain fees that go along with buildings that we don't get when it is a municipal authority.

President Maher: Bill, please take this on as an action item.

Councilman Hoff: Please send a copy of this resolution to the DEP and the members of the state legislature.

No. 119 Authorizing acceptance of Motorola Radio contract and payment of $402,695.31.

Councilman Testino: Thanks to the Business Administrator for the packet that you put together.

Administrator Shepler: Credit should be given to the Clerk's office.

Councilman Testino: All our volunteer services have signed off on the operation of the system?

Administrator Shepler: Yes. The departments that had a problem originally were Cheesequake and Laurence Harbor who have now signed off on this project. South Old Bridge never had problems; Madison Park had a few, but have now signed off.

Councilman Hoff: Who signed for the Laurence Harbor district?

Administrator Shepler: Dan Gerrity.

Councilman Testino: When does the warranty period begin?

Administrator Shepler: January 26, 2000.

Councilman Testino: It will last for two years?

Administrator Shepler: Yes.

Councilman Testino: What about the talk around channels?

Administrator Shepler: That is still under discussion with Mr. Schuler and is outside the scope of this contract. At the next meeting, I may ask you for money for Mr. Schuler to continue to pursue the additional talk around channels. We have added one, and we need several others. We are fully licensed for this system.

Councilman Testino: Aren't we locked into Motorola? If we get the talk around channels, is there going to be animosity in our dealing with them?

Administrator Shepler: There is no future equipment needed for the additional channels; it is merely a program change.

Councilman Testino: What about the software change?

Administrator Shepler: Mr. Falcone is here from Motorola.

Mr. Falcone: (Project Manager for Motorola) Officer Cherney has the tools to program the channels once Mr. Schuler receives final authorization from the FCC for those frequencies. Officer Cherney can do any programming. We all put a lot of time into getting this system working properly. We worked diligently with Ms. Shepler and the emergency services. Everyone has said that the system is working remarkably well. Everyone is 100% satisfied.

Councilman Testino: Does the system penetrate the school buildings?

Mr. Falcone: There are no issues there.

Councilman Butler: I heard that there still exist dead spots in the system. Are we signing off on the system as it is?

Administrator Shepler: That is what we are accepting. This is the final payment and the acceptance of the simulcast system.

Councilman Butler: Are you telling me that there are no dead spots in the system?

Administrator Shepler: I think dead spots will always occur on a time to time basis, but not in one particular area that I am aware of. I have spoken to the Chief extensively, and both he and Capt. Cerra have signed off on the system.

Councilman Butler: You are telling me that we can live with the dead spots.

President Maher: It appears that all the users have signed off on the acceptance of this system after the User Acceptance Test. Did I hear that South Old Bridge did sign off?

Administrator Shepler: They have now. I don't see a sign-off from Cheesequake, but have spoken to them on the phone. They had no problem and were going to sign off.

Cheesequake Fire Company rep: I spoke to the captain, who will be signing off on this.

President Maher: I am comfortable knowing that we did the User Acceptance Test, and that the users have signed off on this.

Councilman Hoff: I am grateful for the town officers who did secure these sign offs.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Township of Old Bridge has previously entered into a contract with Motorola, and

WHEREAS, the Township of Old Bridge agrees that all provisions of Change Order #4 provided by Motorola are complete and ready for the use intended with the exception of minor defects and/or punch list items noted on the Certificate of Acceptance.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that authorization is hereby given to accept the Motorola Radio System as complete and ready for use.

BE IT FURTHER RESOLVED that a partial payment of $402,695.31 is hereby authorized.

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

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

NAYS: None.

The following three resolutions were TABLED as a block. The following discussion took place prior to the motion to table.

Administrator Shepler: When you voted on this at the last meeting it was for the purchase of a Ford Explorer and two other vehicles from Warnock Ford. I had been told at the time that they held the state contract. I found out the next day that was incorrect. The Ford Explorer is held by Warnock; the state contract for the other two vehicles, the Ford Focus station wagons, is held by Sansone. I have requested that you rescind your first resolution and do subsequent resolutions to award the purchase of these vehicles to the correct parties under the state contract.

DR-9 Rescinding resolution No. 91-00 and Cert. No. 868 authorizing purchase of vehicles on State Contracts 41827 and 41624 from Warnock Automotive - 1 Ford Explorer - $20,999.00 and 2 Ford Focus Wagons $13,364.00 each for a total of $47,727.00.

RESOLUTION

Tabled

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Township of Old Bridge wishes to rescind Resolution No. 91 and the Certificate of Availability of Funds No. 868 to purchase three (3) vehicles: one (1) 2000 Ford Explorer and two (2) Ford Focus Station Wagons under State Contract Nos. 41827 and 41624; and

WHEREAS, the Township of Old Bridge wishes to rescind Resolution No. 91-00 to purchase under such State Contract the aforesaid vehicles for the price of $47,727.00; and

WHEREAS, Warnock Automotive, Inc, located at 175 Route 10, East Hanover, New Jersey, has been awarded New Jersey State Contract Nos. 41827 and 41624; and

WHEREAS, the Township wishes to rescind Resolution No. 91 awarding State Contract Nos. 41827 and 41624 for the three (3) vehicles to Warnock Automotive, Inc.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey hereby rescinds Resolution No. 91-00 to purchase vehicles on State Contract Nos. 41827 and 41624 from Warnock Automotive and Certification of Funds No. 868.

Moved to table made by Councilman Testino, seconded by Councilman Hoff and so tabled on the following roll call vote:

AYES: Councilmen Butler, Cucchiara, Hoff, Redmond, Testino, President Maher.

NAYS: Councilwoman Marinaccio, Councilman Sohor.

DR-10 Authorizing to purchase of two Ford Focus wagons from Sansone Plaza Ford Motors, State Contract No. 41623 for a total of $26,728.00.

RESOLUTION

Tabled

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Township of Old Bridge wishes to purchase two (2) Ford Focus Wagon, under State Contract #41623; and

WHEREAS, the Township of Old Bridge wishes to purchase under such State Contract the aforesaid vehicles for the price of $26,728.00; and

WHEREAS, Sansone Plaza Ford, located at 3401 Route 66, Neptune, New Jersey 07753, has been awarded New Jersey State Contract #41623; and

WHEREAS, the Township wishes to award the State Contract #41623 for the two (2) Ford Focus Wagons to Sansone Plaza Ford.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows:

1. Sansone Plaza Ford is hereby awarded a contract in the amount of $26,728.00 for two (2) Ford Focus Wagons.

2. The award of this contract is contingent upon the issuance of a Certification of Availability of Funds No. 872 certifying the existence of a sufficient appropriation to fund the said contract.

3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.

This resolution is conditioned upon the following:

A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.

B. Issuance of a Certificate of Availability of Funds as aforesaid.

C. Compliance by the Vendor with signing the mandatory affirmative action language required by law.

D. Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with Affirmative Action employee information reporting.

No contract shall be considered awarded unless and until the above requirements are executed.

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

AYES: Councilmen Butler, Cucchiara, Hoff, Redmond, Testino, President Maher.

NAYS: Councilwoman Marinaccio, Councilman Sohor.

DR-11 Authorizing purchase of one Ford Explorer from Warnock Automotive for State Contract No. 4188 for a total of $20,999.00.

RESOLUTION

Tabled

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Township of Old Bridge wishes to purchase one (1) Ford Explorer, under State Contract #41888; and

WHEREAS, the Township of Old Bridge wishes to purchase under such State Contract the aforesaid vehicle for the price of $20,999.00; and

WHEREAS, Warnock Automotive Inc., located at 175 Route 10, East Hanover, New Jersey, has been awarded New Jersey State Contract #41888; and

WHEREAS, the Township wishes to award the State Contract #41888 for one (1) Ford Explorer to Warnock Automotive, Inc.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows:

1. Warnock Automotive, Inc. is hereby awarded a contract in the amount of $20,999.00 for one (1) Ford Explorer.

2. The award of this contract is contingent upon the issuance of a Certification of Availability of Funds No. 871 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.

B. Issuance of a Certificate of Availability of Funds as aforesaid.

C. Compliance by the Vendor with signing the mandatory affirmative action language required by law.

D. Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with Affirmative Action employee information reporting.

No contract shall be considered awarded unless and until the above requirements are executed.

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

AYES: Councilmen Butler, Cucchiara, Hoff, Redmond, Testino, President Maher.

NAYS: Councilwoman Marinaccio, Councilman Sohor.

Subsequent to the roll call vote to table Discussion Resolution Nos. 9, 10 and 11 the following discussion took place.

President Maher: When Councilman Testino and I originally voted on this we asked where this vehicles were being used. We also asked for a report from the administration as to the utilization of the township pool, the peak hours, how many vehicles are in the pool. I have not received that report.

Administrator Shepler: I was not aware that there is a utilization problem. There are ten vehicles in this "pool". We started this program in 1997. The first year we purchased four vehicles, and in the two subsequent years we purchased three additional vehicles. This will bring the number of vehicles in the pool to thirteen. Everyone uses this pool. I will mail a report to you this week indicating which vehicles are assigned to those people who are allowed to take them home.

President Maher: I want to table this until I receive a written report. I want to see the utilization of the vehicles and how often this fleet is used, etc.

Mayor Cannon: They are used every single day. They are used by the inspectors in the departments of engineering, building, planning, and tax assessor. Doing this as a pool was more efficient than assigning certain cars to certain cars to certain individuals. Without replenishing the stock we are going to have a problem carrying out our services.

President Maher: I am following up on the written report.

Councilman Redmond: The electrical inspector arrived at my job in an old, beat up Impala. I would not have been caught in this car. It does not have a floor.

Councilman Testino: Is the Ford Explorer slated for the pool, or is it going to someone whose car is going into the pool?

Administrator Shepler: This car is explicitly intended for the pool. I intend to loan it to emergency management until such time as the council sees fit to pass our bonding for the year 2000 and the vehicle for emergency management is included in that bonding.

Councilman Testino: I don't want employees asking me why some employees received new vehicles and they did not.

No. 120 Approving new HMO - University Health Plan "UHP".

Councilman Testino: I would like an elaboration from the administrator. Did Bruce Kaplan review this insurance plan?

Administrator Shepler: In your package there is a memo to me from Marsha Rosenbaum dated February 10, 2000. "As you are aware Old Bridge Township had offered HIP of NJ until April of 1999, when they went out of business. Bruce Kaplan checked into alternative HMO plans which we could offer to replace HIP. UHP was selected because the benefits are consistent with the benefits of the other HMO's we offer, and the cost is less expensive than other plans."

Councilman Testino: Is the fee for Mr. Kaplan?

Administrator Shepler: No. This is an additional plan to the existing HMO's we have.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Township of Old Bridge wishes to offer a new HMO to its employees to replace HIP, which has since gone out of business; and

WHEREAS, University Health Plan was selected as the benefits are consistent with other HMOs offered to Township employees and the cost is less expensive than the Township's alternative plans.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that approval is hereby given to offer University Health Plan as a new HMO to Township employees.

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

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

NAYS: None.

Prior to the roll call vote the following discussion took place.

Councilman Cucchiara: Are we in the state benefits plan?

Administrator Shepler: No.

DR-14 Requesting that Middlesex County buy back the O&Y property.

Mayor Cannon: There has been debate and a public meeting over the property and to go any further without a consent from the council did not make sense. The council has to implement a zoning change to make this property build able for age restricted housing. The majority of the council were opposed to it, and to continue to sit on this or try to do additional work without having a consensus did not make sense. I indicated that I thought the county should buy it back if the council was not going forward with it. This land was supposed to be a part of the county park. The county has indicated that they would be willing to entertain buying it back, but need to know the intention of the council. We need to put this into a resolution to send to the county so that they can do whatever they need to do to give us our money back.

Councilman Redmond: We are considering parcels of land in other parts of the town which cost more than this one. We paid over $1 million (or $3,000 per acre). I don't want to see this developed with residences on this, but who is to say that a private entity may not want to consider a recreational use for this land. When this goes back to the county, it becomes part of an open space parcel. I think that we have land that we could make money on if we play our cards right. It could be large enough for a golf course or a water park. There are 90 acres that are developable.

Mayor Cannon: There are three different parcels equaling 90 plus acres. We need to move forward or sell it. We are going to begin paying the debt service. There is other lands that we want to purchase and for which we are going to have to bond. If the intent is to leave this as open space, it might as well be county. This was originally going to be part of a county park. I don't know if Mr. Badcock has done an evaluation as to a potential recreational site.

President Maher: I view this as a first step or a first attempt to ask the county if they are interest in buying it back. We are not making a commitment. If they are not interested, then we stop there. If yes, we enter into contractual terms and conditions with the guarantee that this remain open space.

Councilman Testino: I support this property as being somewhat non-developed as to residences. Before I consent to sell land at $3,000 per acre, I want someone to tell me that in the next ten years that I don't have to buy back land at $40,000 an acre for a softball or soccer field or a library that we need. Once the county purchases that, the township has no jurisdiction over this property. Once this land is put into the log book, the county does nothing in terms of selling it back to the township if needed for something. I agree with the Mayor that we should move on making a decision. There is not much urgency other than the pressing preparation of their financial budget for the upcoming year. I am not about to entertain selling this back to the county at $3,000 per acre if there is a need for this township for which we would have to repurchase the land at $40,000 per acre. Perhaps we should keep a piece and sell the balance back. There is the debt service problem. I want to see the recreational needs assessment for the entire township done before. Mr. Cucchiara may know better what the needs are in that section of town. I don't want to see houses there. I am open to the consideration of selling the land back, but want assessments done before that.

President Maher: I don't think anyone disagrees with you that the next step is making sure that there are no needs for this land in the township. This resolution simply asks the county if they are interested.

Councilman Testino: I respectfully disagree. We don't go to the county and ask if they are interested if we are not ready to sell it to them. That is a wrong signal.

Councilman Hoff: No one on this council liked the proposal for the development proposed on the upland area of this property. What would we do with this except for active or passive recreation. The County of Middlesex has a great track record of building recreational facilities. They have great bonding ratings. We should release this and offer it back to the county. I believe that the Mayor is correct, and that we should not have this money holding up our potential bonding. We should unload the property.

Councilman Sohor: I agree with Mr. Testino that we should have land available for infrastructure and amenities that will be needed. The developer of Woodhaven is committed to providing property to build an elementary school and has made commitments to open space in that development. He has made overtures to the library board with respect to a community center and space for a South Old Bridge branch of the library. I support selling this land back to the county. I move this resolution forward.

Councilman Butler: How much debt service is paid on that annually?

Mr. Shah: At 5.5% interest on $1 million is about $60,000. We have to begin paying the principle payment. My purpose in asking to return this property to the county was not because of financial pressure. I feel that if we are not going to do anything with this, it is not prudent to pay the interest on this property. We have an agreement with the county that if we generate profit, 50% of that profit goes to the county. The county is developing 2000 acres contiguous to that property, and they may have a better use. If we have no use, why spend $60,000 in interest?

Councilman Butler: When do we make those principle payments?

Mr. Shah: In the 2001 budget, but don't make a decision based on that if you think the land is worthwhile.

Councilman Butler: Let's exhaust the possibilities and see if we do have a use for the land.

Councilman Cucchiara: We have to determine if the county wants to buy back the property.

Councilwoman Marinaccio: Why dangle that out there if we are not sure if we have exhausted all the avenues--is it needed by any other entity in the township; can we put this up for public sale for recreational purposes and have a better gain? We dangle out the carrot to the county saying are you interested, when we haven't really looked at the other areas. This is like putting the cart before the horse and they come back and say "yes, we are interested" and we say "well wait a minute, we have two more avenues we want to look at before we go back to you". It does not seem like we are taking the steps in proper order with this here.

Mr. Shah: At one time there was an issue when the county was going to incorporate this land in their green acres application. If this has been done, it is too late. It was prudent to have this as part of the green acres application and receive the green acres fund to acquire the property rather than using our money and paying interest. Even if a profit were generated, this cost would be deducted from that profit.

Subsequent to the roll call vote the following discussion took place.

Mayor Cannon: What do you want us to do?

Councilman Maher: We will put this back on and develop a strategy.

Councilwoman Marinaccio: [To the Mayor] Please touch base with the school board because a lot of times they have sites in mind and they know the way the area is growing residentially where schools would be needed. Tell them that we have a parcel.

Mayor Cannon: The Woodhaven site has dedicated land for a school, but I will call to find out if there is a need in the future.

Councilwoman Marinaccio: I was there for the Woodhaven presentation. That land has to be dedicated to the township who turns it over to the school board. He is building that twenty years out.

Mayor Cannon: This area will have road access and has been dedicated to the town.

Councilwoman Marinaccio: Please make the inquiry.

DR-15 Awarding Contract No. 00-03 Bus Shelter Development and Maintenance Program to Culver Amherst, LLC.

Councilman Testino: I am not sure that this will work out, how we will enforce this and whether it is worth the extra pollution in terms of signs.

Mayor Cannon: We are constantly being called on for new sources of revenue. Sign pollution is all around us. This would be in limited areas for advertising which we would have control over. We could outlaw offensive advertising. We have to be created in raising additional revenues. This has worked in other communities. We spend a lot of public works time cleaning and repairing these shelters. We would not have to do that any longer. We would also realize income. The bus shelter provides a service to the community.

Mr. Shah: There would be lighted panels and the income that we project is a minimum of $12,000 to $30,000. They are taking over the maintenance of all shelters.

President Maher: I think everyone agrees that we need additional revenue, but I am not prepared to move this. What surrounding towns are using this program?

Mr. Shah: We had a bid rejected by the legal department because it was not done under the local land use law. I believe that West Orange and Edison use these shelters.

President Maher: I don't want to believe; I want to know. I want to know what towns have it.

Mr. Shah: West Orange and Edison, and I have provided all this information previously

President Maher: I want to see this again.

Councilman Hoff: I appreciate that $15,000 is a lot of money. There are several towns in Middlesex County where there are signs all over the place. I don't like the fee schedule. I want more nuts and bolts. I want to see sign size description.

Mayor Cannon: This is the third event that we have spent time and effort to attempt to execute in the direction given. For whatever reason, it is voted down or everyone changes their mind. There was a consensus from council to purchase the O&Y property. We proceeded to buy the land for the purpose that we discussed. On this issue we were given the authority to bid this out. Because the bid was not done according to certain standards, we rebid this. We are opening this and starting this all over. The same thing happened with the cleaning service. We have to start moving forward. To develop bid specs takes time and money. Second thoughts should have been brought up prior to our proceeding.

President Maher: I don't have enough information in my package to say yes or no. I approve of the concept, but you have given us piecemeal information.

Mr. Shah: You had someone sitting here taking questions from the council a while ago. Nothing has changed.

President Maher: I am not comfortable with not having a complete package.

Councilman Testino: What is the deadline on accepting the bids?

Attorney Ruggierio: This was advertised under the local land and buildings law.

Mayor Cannon: What exactly do you want?

President Maher: Give us the entire package; you said you gave it to us a year ago.

Councilman Hoff: Was there another bidder?

Mr. Shah: No.

RESOLUTION Tabled

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Township of Old Bridge advertised and received a bid from Culver Amherst, LLC for a contract for the bus shelter development and maintenance program; and

WHEREAS, the Township Council wishes to award the contract for the bus shelter development and maintenance program to the lowest responsible bidder; and

WHEREAS, the Finance Director has recommended that a contract be awarded to Culver Amherst, LLC, located at 141 Fifth Avenue, 11th Floor, New York, NY 10010, as they submitted the only bid.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows:

1. Culver Amherst, LLC is hereby awarded Contract No. 00-03 for the bus shelter development and maintenance program for the following fees per month:

Each advertising face on bus shelter $50.00 or 10% of advertising revenues (whichever amount is higher)

Each panel on bus shelter $100.00 or 10% of advertising revenues (whichever amount is higher)

2. The award of this contract is contingent upon the issuance of a Certification of Availability of Funds No. 871 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.