Deputy Clerk Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places. The next open public meeting of the council will be held on Monday March 27th at 8:00 p.m.

Roll call by Deputy Clerk, Stella Ward, showed the following answering present: Councilmen Butler, Cucchiara, Hoff, Redmond, Testino. Councilwoman Marinaccio, Councilmen Sohor and President Maher were late. Mayor Cannon, Administrator Shepler and Attorney Ruggierio were in attendance.

APPOINTMENT

A-1 Appointment to fill Vacancy of Councilman Peter Mannino - Ward 5

RESOLUTION NO. 144-00

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

WHEREAS, Councilman Peter A. Mannino passed away on February 26, 2000; and,

WHEREAS, a vacancy on the governing body exists, and

WHEREAS, in accordance with NJSA 40A:16-5(b) the vacancy shall be filled at the next general election; and

WHEREAS, the Township Council may fill the vacancy temporarily by appointment.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Old Bridge that Richard J. Greene is hereby appointed to fill the vacancy for Ward V council seat until the general election to be held on November 7, 2000.

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

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

NAYS: None.

ABSENT: Councilmen Marinaccio, Sohor.

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

Councilman Hoff: Mr. Chairman, recognizing the very slight number of councilmen in attendance I would like to move something up in the agenda. With your permission I would like to move the appointment to the council vacancy in the fifth ward and appoint Richard Greene to that seat until the November election decides otherwise.

Councilman Testino: I just want to say that I think Rich Greene is well qualified. He has been a good representative of his constituents while he did sit on the council and in fact had earned the right to be appointed through his recent election endeavors. I myself took the advice of Mike Dwyer and looked at the numbers in the fifth ward. His numbers were exceedingly excellent and I think that his constituents will be well served by his appointment to this position pending the election. So I'm in support of Mr. Greene and I think that he's earned the right to come back to the council.

Councilman Butler: Mr. Hoff asked me to move up the appointment in reference to replacing Mr. Mannino's seat and I think it's a good idea. I just want to say that Mr. Greene served with us before. He served with honor and distinction. He's a man of character and he's a man of his word so I'm very happy that he's back.

Councilman Redmond: I would like to commend Mr. Greene for coming out for this spot and I want to support the other councilmen in making this appointment. I know that all the candidates, the names we were given, are good solid Old Bridge people and I think that the argument that Mr. Dwyer gave at the last council meeting is one that's hard to deny. I think the numbers told us who the people in that ward wanted to have up here and I support Rich whole heartedly.

Swearing in of Councilman Richard Greene - Ward 5

Clerk Saracino swore Richard Greene in as Councilman - Ward 5 to fill the vacancy of Councilman Peter Mannino.

Councilman Greene: I do want to comment about Pete Mannino. I'm very proud that I'm following in his footsteps. Aside from Pete and my brother-in-law Joe getting me involved in republican politics, the one thing I remember about Pete is that he was able to turn his adversity into a real positive for the township and when he got sick and couldn't go to work anymore, couldn't get on the bus and go into Manhattan he spent a good deal of his time in this township working for the residents of ward five and the township. It got to point where even the girls in the Clerk's office would say if he didn't show up one day, "where is Pete?" Like I said, he did a tremendous job and I'm proud to take his spot. I do want to thank those people who have been working the last few weeks supporting me in this effort to get back on the council. In particular ward five county committeeman of the executive board, my friends like Mike Dwyer, Ray Wetstein and George Koehler who are here, and my wife and especially the council. I really thank you for the fond remarks. I did go through an election and it was really nice the way I have been treated since then and I want to thank each and everyone of you a great deal, I appreciate it. Thank you.

PROCLAMATIONS/CERTIFICATES - 3/27/00

1. First Place in National Cheerleading Competition, Dallas Texas (DMM) Carly Thompson - Jackie Mancinelli - Jennifer Fisher

Councilman Butler: Have we been able to make arrangements for this to happen?

Mayor Cannon: Yes, we called and they will be at the meeting.

2. Certificates of Recognition - World Cup Shooting Stars (BC)

3. Proclamation declaring April 1st - April 7th, 2000-Census 2000 Awareness Week (BC)

4. Proclamation from Middlesex County Board of Chosen Freeholders asking that all Mayors of Middlesex County Proclaim the month of March as "Census  Month" (Planning Board)

5. Certificates of Recognition - Complete Count Committee

APPROVAL OF MINUTES - 3/27/00

Combined/Executive - February 7, 2000
Workshop - February 15, 2000

On for Monday 3/27/00.

ORDINANCE FOR SECOND READING

ORD. #5-00 Amend Section 7-16 of the General Ordinance - Pet Adoption Fees

ORD. #6-00 Amending Land Development Ordinance to revise established guidelines for Placement of Telecommunication Towers & Antennas

Councilman Testino: Does this require to go to the Planning Board for them to give us a resolution back even though they initiated it or I think they initiated it?

Attorney Ruggierio: Yes, after first reading it goes to the Planning Board even though they approved it.

Councilman Testino: So did they send it back to us already or not?

Clerk Saracino: We sent it to the Planning Board but there was action taken on a February meeting.

Councilman Testino: Because they have to take action after we send it to them. So you haven't gotten anything since we did the first reading then. So this wouldn't be ready unless we got something back from them before Monday. Is that right?

Attorney Ruggierio: Or thirty-five days will have expired.

Councilman Testino: So we'll put this on hold unless the Clerk gets something?

Clerk Saracino: We'll contact the Planning Department.

Attorney Ruggierio: Then that would just be a matter of the Planning Board communicating that to us if it was after first reading, but It may well be that they were discussing it before it was introduced here.

Councilman Butler: The clerk will be communicating with the Planning Board and if we don't get the information by Monday it's taken off. No problem.

ORD. #7-00 Amending Land Development Ordinance #31-97 to increase Affordable Housing Development Fee if a "D" variance is granted.

Councilman Testino: I would have the same question on this. Does it require Planning Board action, and if so did we get the action back from them?

Councilman Redmond: Wasn't this a recommendation of the Planning Board?

Councilman Testino: Mr. Ruggierio correct me if I'm wrong. I think the process is we introduce it. Even if they're the initiating body they still have to send a resolution after introduction.

Attorney Ruggierio: Yes, the same situation as the previous ordinance.

ORD. #8-00 Vacation of northerly portion of Union Hill Road

ORD. #9-00 Amendment to Ordinance #44-88 Cultural & Heritage Commission

ORD. #10.00 Ordinance establishing parking restrictions - Commuter - A & P Parking Lot

Councilman Maher: This ordinance I understand is giving Old Bridge residents additional parking at the A & P shopping center.

ORD. #11-00 Denying Cable TV Franchise

Councilman Butler: I thought we were going to have a meeting though prior to second reading of this. Am I correct in that? Is a meeting in the process of being set up?

Attorney Ruggierio: Mr. Wolfsohn of the Cable Company asked to have a meeting with the cable committee that we have set up to see if there could be a finalization of negotiations with respect to the actual franchise renewal. And I told them that I was leaving three o'clock on Wednesday and I didn't really think that I could assemble the committee and have a meeting with them in that amount of time so we agreed to have a meeting after April 3rd when I return.

Councilman Butler: That sounds good.

Councilman Redmond: Are we planning then to table this until after the meeting or...

Councilman Butler: I would think that we'd be wise to table this until that meeting takes place.

Councilman Sohor: Has cablevision signed the agreement regarding what we agreed to last Monday?

Attorney Ruggierio: That was a matter that was on my list to be done before I went away and I dictated the letter. I just got some additional information from our TV station that would go into the draft, but frankly I guess at least some members of the council, if not all of you and the mayor, to see the draft of the agreement that was made concerning the changing of the TV stations so that I didn't send it out to them with some kind of ostensible implication that somehow it was acceptable to all of you.

Councilman Sohor: Okay, because the information I have so far it appears that cablevision is not moving forward with implementing their side of the agreement which they should have begum immediately which basically is to have these boxes available to the residents. It's my understanding that no one in their customer service department has a clue about these boxes and basically the way it stands right now is that come next Monday residents in Old Bridge will not have these cable boxes and no way to get them and I think cablevision may be trying to pull a fast one on us here. I would suggest leaving the denial ordinance on for next Monday night because if cablevision doesn't start doing something real fast within the next twenty-four or forty-eight hours I think this is our last piece of leverage. I thought they woke up last week. Their words were really good, the intent seemed to be there but I don't know.

Attorney Ruggierio: I won't be here but I certainly would communicate with them that they should be able to account to the council come next Monday's meeting about what they've done or haven't done.

Mayor Cannon: I spoke to Mr. Wolfsohn on Thursday because I've been getting some calls from people who called and got the same response. Roman was told that they didn't have any idea what they were talking about. They were giving all sorts of misinformation and I did get in touch with Mr. Wolfsohn. I think he called me back on Friday and he indicated they would not be available until Thursday but prior to that the were going to try to talk people through it if they had a VCR and the boxes was a last resort and he was going to make sure that all the agencies were alerted. He was quite upset to find out that they were giving this information. I haven't talked to anybody today so I don't know whether in fact that's happened.

Councilman Hoff: Bill you got the letter that cablevision has already sent to the state agencies the request of their approval because they're assuming our agreement is forth coming. Now we have moved to deny them and if you haven't heard anymore than the plan to have a meeting it doesn't make sense. Instead of having the meeting why can't we have cablevision prepare a list of what they propose to do and get it to us quickly and then let us resolve the thing. We don't need them to tell us how they're going to help somebody hook up a box. All these things we've asked for they have never given us. They've just given us a little lip service and I think we have to hold our guns and I wish you would do that. It behooves cablevision to come now to the floor. We threw the ball in their court and they have to come back and hit it or throw it back to us with good cause. I think they're trying to give us another snow job. They're good at that, they've done it year after year, contract after contract. Now I think we have them on the ropes and we shouldn't let them up until they come up and say here's what we'll do for you, we promised and here it is in writing.

Councilman Redmond: If cablevision is going to talk people through it if they have a VCR and when they don't need the box, they wasn't the deal. The deal was they get a box.

Councilman Sohor: If you don't need a box you don't want a box. You don't want another piece of equipment. That adds interference.

Councilman Redmond: Okay, as long as you guys are happy with that.

Councilman Butler: But that wasn't what he said at the meeting when he was here.

Councilman Hoff: I want it put it in writing Reggie what they're giving us. Let them put it down on paper and say what they're going to give us and stop having these meetings.

Councilman Butler: Bill, you said Mr. Wolfsohn is going to be back on the third?

Attorney Ruggierio: No, I'm going to be back on the third.

Councilman Butler: So when do you think we can schedule a meeting in reference to you coming back on the third?

Attorney Ruggierio: Well what I told him was that I would, because I thought that a meeting was a constructive thing. I told him that I would have my secretary set up a meeting so that it would be scheduled by the time I got back and I would presume that we could do it the week that I got back.

Councilman Butler: I think that makes a lot of sense. I just want to go over who's on that cable committee. Ed Testino, Roman Sohor, Larry Redmond, Mayor Cannon, and I also appointed Jim Galante to that committee. So those are the committee members Bill.

Attorney Ruggierio: Mr. Butler should I invite the citizens committee we've had working on this to our meeting? They worked hard and I really think that they should be there.

Councilman Butler: So you want the citizens committee that worked on the cable to be invited right?

Attorney Ruggierio: Yes, we had a lot of citizens with good input.

Councilman Butler: I definitely think they should be invited. As Roman suggested we're going to wait until Monday to see if there's any movement between now and Monday. If there's no movement between now and Monday we'll take it off.

DISCUSSION ORDINANCE

DO-1 Ordinance Amending Chapter II, The Administrative Code of The Revised General Ordinances of the Township of Old Bridge, County of Middlesex, N.J. Dept. of Police Section 2.14.7 (F) Employment of Chief

MOTION

President Maher moved to table DO-1, seconded by Councilman Cucchiara and so ordered on the following roll call vote:

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

NAYS: Councilman Sohor.

ABSENT PODIUM: Councilman Greene.

ABSENT: Councilwoman Marinaccio.

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

Councilman Testino: I have a question on the motion. Is this for first reading or is it for tabling? A yes vote is to table?

President Maher: It's a motion to table it.

Mayor Cannon: Could I just ask who put this on the agenda?

President Maher: I put this on the agenda. There's no discussion on a table.

Resolution - Granting Donation - Old Bridge High School Marching Knights Band (Donation $3,000.00 Maximum) (CERT. #879)

RESOLUTION NO. 145-00

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

BE IT RESOLVED by the Township Council of the Township of Old Bridge that the sum of $3,000.00 shall be paid over to the Old Bridge High School Marching Knights Band Project Fund for payment of the travel and attendance expenses of the Old Bridge High School Band, known as the Old Bridge High School Knights Marching Band, at the competition held at Williamsburg, Virginia; and

BE IT FURTHER RESOLVED that the Old Bridge Knights Band shall provide such proof as may be requested by the Township Finance Director to prove the expenditure of the said funds (how expended and to whom expended); and

BE IT FURTHER RESOLVED by the Township Council that any and all restrictions which might have been previously imposed by Resolution of the Township Council be and hereby are waived for this particular application.

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

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

NAYS: None.

NO VOTE: Councilman Sohor.

ABSENT PODIUM: Councilman Hoff.

ABSENT: Councilwoman Marinaccio.

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

Councilman Testino: I had asked that Mr. Badcock be prepared to give us a recommendation on how much he thought would be appropriate based on the number of participants in this group. I also asked that Mr. Ruggierio have prepared appropriate resolution with a waiver in it from any of our prior resolutions so that I could make the appropriate application motion or money to have this money paid over to the marching band who are going to be traveling to this event within a week. At least they had to make their commitments this week.

Attorney Ruggierio: I can prepare a resolution in a few minutes.

Councilman Greene: I was just wondering in the budget, it's probably in the Parks Department but I wasn't sure. Maybe you can tell me where in the budget this is and how much of an allocation was made when we approved the budget last year.

President Maher: I believe this is in the Parks and Recreations budget. I think we have somewhere between ten and twenty thousand dollars we had budgeted for these.

Mayor Cannon: Ten thousand.

Mr. Shah: No, this is a separate contribution set up a couple of years back.

Councilman Greene: When this was put in the budget was it earmarked for these particular organizations, or was there any organizations in mind when the money was put in?

Mr. Shah: No, the amount is allocated in a lump sum because we have more than three or four organizations that have requested money and will be looking for the contributions.

Councilman Greene: You hit it on the head. I was just concerned that there may be too many groups looking to take advantage of the ten thousand dollars. We might get to a point ...

Mr. Shah: The maximum was planned, $3,000.00 per organization.

Councilman Greene: Suppose four or five organizations come to the council?

Mr. Shah: The maximum in the plan was about four organizations and if you exceed that then depending on the time limit the funding would be either through transfer or emergency appropriation you could cover it. But it's a first come first served basis.

Councilman Greene: I think it's a worthwhile organization but I'd also like to know if the Board of Education is supporting this trip and nobody's really mentioned exactly where they're going.

Councilman Cucchiara: First come first served basis? What do you do with some organizations that don't play till the spring or till the fall? Do those organizations wind up getting screwed because there's no more money left in there?

Councilman Testino: They go to the next fiscal year.

Mr. Shah: The options are there's a timing May or June you could probably transfer fiscal funds. I don't know if this qualifies for emergency appropriations.

Councilman Cucchiara: I just don't like the idea that it's a first come first served basis.

President Maher: Mr. Greene had a question, is there any funding that comes from the Board of Education?

Beth Rose: The Board of Education for this particular activity does not give us funding and the reason why is that they feel that they have done funding for the band as a collective group throughout the year. Everything from transportation to helping to pay for the staff that does the training during band camp and all the other activities that go on. So they have been supporting the organization throughout the year. They're not in a position I'm told to make a donation to help defer the cost on this particular activity.

Councilman Greene: How much in the way of fund raising has been done by...

Ms. Rose: We've been fund raising all year. Currently we start our fund raising in June and it's everything from car washes to cheesecake cookie sales, dances we've done. We've tried almost every fund raiser that we could think of that didn't conflict with the other organizations in the high school.

Councilman Greene: And how much would you like the council to consider?

Ms. Rose: All we have asked is that the council consider making a donation to help defer the costs. It was my understanding from the last meeting that the gentleman from the Parks and Recreation Department was going to make a recommendation.

President Maher: I think the maximum under our existing ordinance is $3,000.00 per team or $250.00 an individual or $200.00 an individual.

Councilman Greene: Are you speaking specifically for the Marching Knights Band?

Ms. Rose: Yes sir I am.

Councilman Hoff: Mr. Chairman, I don't want to sound like I'm against kids, I didn't have eleven kids but I had a gang of them, but I have to believe there's so many independent groups and organizations in town that aren't affiliated with anything except themselves and these people need our help and this is the kind of help that we should be talking about. The title of this group is the Old Bridge High School Marching Knights Band and the following is the Old Bridge High School Cheerleaders. Now when they said Old Bridge High School it means that they are set up, funded, trained and sponsored by the Old Bridge Board of Education. I have to believe that our funds are so limited and theirs are so vast that the request should go directly to the Board and the appeal to the Board of Education. That's where it belongs. It don't belong with this council. We have many independent groups who don't have the sponsorship of the school and they're not part of our recreation program but we do want to encourage their participation, whether it be soccer or mud wrestling. I don't care what it is but if we want to sponsor a team I heard the mayor say, "first come first served". Bologna! We have to save money for people who need it. The Board of Education has about ten dollars more than God, we shouldn't be paying the Board of Educations bill.

Ms. Rose: If this said Old Bridge Marching Knights and not Old Bridge High School are you then telling me that residents of this township would then have the right to come and ask you for these funds, but because the term High School is in there we don't have that right because the Board of Education is telling us we can't tell them how to spend our money now you're going to tell us that we can't spend our money?

Councilman Hoff: I said the title you have here is Old Bridge High School...

Ms. Rose: They have done what they can for us.

President Maher: We're going to vote on it, let's not get into a dialog. We're going to vote on this tonight, it will either go up or down. I don't want to get into a dialog with one of the sponsors.

Councilman Testino: I see there's a certification number here. Does that mean that he certified it for $3,000.00?

Mr. Shah: Yes. That was the request that came from Recreation.

Councilman Testino: So may I assume from that Mr. Badcock sent that to you and he's looked at it since he's not here right now?

Councilman Cucchiara: Is that the amount we're approving tonight $3,000.00?

Councilman Testino: That's what I intend to move when I get the opportunity.

Resolution - Granting Donation - to the Old Bridge High School Cheerleaders for national competition in Jacksonville, Florida. (Donation $3,000.00 Maximum) (CERT #880)

RESOLUTION NO. 146-00

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

BE IT RESOLVED by the Township Council of the Township of Old Bridge that the sum of $3,000.00 shall be paid over to the Old Bridge High School Cheerleaders group for payment of the travel and expenses of the said cheerleaders group to attend the national competition in Jacksonville, Florida;

BE IT FURTHER RESOLVED that the Old Bridge High School Cheerleaders shall provide such proof as may be requested by the Township Finance Director to prove the expenditure of the said funds (how expended and to whom expended); and

BE IT FURTHER RESOLVED by the Township Council that any and all restrictions which might have been previously imposed by Resolution of the Township Council be and hereby are waived for this particular application.

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino.

NAYS: None.

NO VOTE: Councilman Maher.

ABSENT PODIUM: Councilman Hoff.

ABSENT: Councilwoman Marinaccio.

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

Councilman Hoff: My same argument still applies.

Councilman Testino: I understand this letter came before the Recreation Department. I don't know where it went or how it didn't get addressed but I'd like it to be addressed by the council. I understand that these persons have at least sent us a short note on it and I'm asking that consideration be given to these young persons for their national championship tournament which is in Florida.

Councilman Redmond: I believe Mr. Piovesan, the Recreation Chair, he might be able to shed some light on these competitions. If we could indulge the council for a moment and let him speak on it would that be okay?

Councilman Testino: I for one would like to hear from the Recreation Board.

Council concurred.

Mr. Piovesan: A few years back when Mr. English was council president we had dozens of groups coming asking for money for various donations for various trips that they were going on. It was passed on to the Recreation Board. We prepared, which I gave you a letter last week in your package, we prepared it started out as a local competition and went from our town to the state that you had to win your region and then go onto a national competition. It was adopted by the council, it was put into a resolution which I gave you copies last week in your packets also. Last year the council decided to change the resolution just by a vote and give some of the school, the band and the cheerleaders money. I gave you just a little letter tonight about the soccer. If you look and see before we can get to a national competition we have to play a minimum of thirteen games starting at a local competition, winning the state, winning the region. This year if the soccer team wins the state they have to go to Rhode Island for the region. That's going to cost the kids a thousand dollars right there. Then if they're lucky after they win the region they'll go to the nationals which are in Florida. So I have no problem giving money to anybody but if you're going to pass the stuff onto the Rec. Board for our recommendations and then you're going to make it into a resolution then my opinion is you should stick by the resolution. If you're going to change the resolution then don't pass it onto the Rec. Board anymore and do it yourself, make your own resolution. This way if it hurts somebody I took a lot of heat, we all took a lot of heat for this resolution when we did it and we're prepared, any recommendation we make to the board we're prepared to take the heat because that's why we're there. But if you guys want to change the resolution or whatever then you change the resolution, you make the resolution and you take the heat for it and don't pass it on to us. My one question is the band or the cheerleaders, I think it's the band that if they do one event or two events and they score a certain amount of points they go onto a quote unquote national competition. Last year they won Cheesequake baseball. I think the eleven, twelve year olds they won the region and they went to the regents, they lost in the regents. How many games, if they only have to do one or two competitions to get to a national why do we have to go through injuries? Thirteen games, you lose one game you're out. Thirteen games, injuries and everything else and why can't we get the money then for the region instead of the national? It takes six games to get to the region, six wins and I just feel that if we're going to do it for one we should do it for all. First of all, if you look at the bottom of the letter I gave the soccer says Old Bridge Township on the uniforms, we wear the colors of the town. It doesn't say Board of Ed, we don't wear the colors of the school, we promote our town in which ever part of the country we're playing in, it says Old Bridge New Jersey. Banners are promoted everywhere. It doesn't say Board of Ed and I don't want to get into a dialog about the Board of Ed versus the township. All I feel is that if the band or the cheerleaders can call it a national competition which I don't think it's a true national. I think of baseball or soccer what they have to go through to get there is a true national, and then a true national champion. It was a resolution, $200.00 per child, maximum $3,000.00. That's what it was when it was done.

Councilman Testino: Correct me if I'm wrong Mr. President. This was a resolution I think Mr. Maher was the sponsor of it that we worked on maybe three years ago Dennis?

Councilman Maher: Correct.

Councilman Testino: And the problem I have with the resolution is I don't know that it encompasses all the types of activities that we could have come before the council to ask for support. This council's made a decision in the last year's budget there's a ten thousand dollars that's the limit of what we can fund to these items and that's the amount of stress that we're going to put on the taxpayers nothing more. So within that ten thousand dollars we have to fairly allocate that among the different activities. Now being somewhat of a jock from my earlier high school days I can understand competitions and how they progress through sporting areas. And being somewhat at a deficit for activities like bands they have a different way of competing and I don't know if they'll ever meet those number of steps that we've got in that resolution and I'd like to fairly address that, and one of the things that I had mentioned is I thought maybe your committee could address that and tell us how to amend the resolution so that you think it could be fairly applied across the board to different things, not only sports but to other young persons activities that involve different competitions. That's my way of thinking, that's where my mind's at on this and that's why I'm inclined to continue a precedent that we set last year by voting this up. It seems to me that we're sitting here in March with three more months in the fiscal year, three more months before anybody else will make a request and I don't think we granted anybody any money on this ten thousand dollars in the last year is that right?

Mayor Cannon: Yes, we gave the one Gator $250.00.

Councilman Testino: So we got $9,750.00 left in this line item, and assuming the council finds it fitting we'll refund this line item again in the next fiscal year. So anybody that comes in spring and summer or even fall will potentially fall under the next fiscal year. That's why sitting at this vantage point in the fiscal year I'm ready to support this. I'm not ignoring what your committee does, I want to empower your committee to give me a better resolution is what I'm asking for.

Mr. Piovesan: I think the national part of it came in to make it so stringent where all these groups just don't come in asking for money for anything. But realistically for a baseball team or a soccer team to go to the nationals you can't just have like we have an Old Bridge Township team. It has to be what they call a select team. My team, some of the soccer teams, baseball teams will never ever reach that national point because we just don't have that kind of talent.

Councilman Maher: Well maybe John what we're suggesting is we might have to have, based on the activity, and I don't want to lose sight that this resolution that I put in place three years ago, the ordinance, is not only for athletics, it's for academics also. If a boy or a girl qualifies for a national spelling bee tournament or math tournament or SAT or anything academic we would send that individual to that tournament but it's just been towards the athletic in scope so far. I'd be the proudest person up here if we could send a child from Old Bridge to a national spelling bee tournament or SAT or math tournament. We haven't had the opportunity to do that as such. But the key point I'm making is each activity has different qualifying criteria, i.e. the band I'm told you have to have a score of 95. Now that score of 95 in New Jersey is the same score of a 95 for a team out in California. They follow the same criteria I'm told as Connecticut, as Massachusetts. A 95 is a qualifying score, it's a qualifying score nationwide in terms of that. The same with the cheerleaders also. You have to have what they call an NCA qualifying score, and if in fact you qualify for the national standards that are set and recast on an annual basis you can go to that national tournament. Now the soccer, baseball, basketball, there's probably some criteria we need to take a look at as Mr. Testino said, I'd like to empower the advisory committee to take a look at the criteria for each of the individual respective activities or sports.

Mr. Piovesan: We could definitely do that. Again, last year when this came up I went to the Board of Ed and they told me that the cheerleading band is what they call a club in their opinion not a sport and they won't fund anything that's not a sport. This is coming from the superintendent so we'll take a look at that and if you want the academics in we could put the academics in. There's no problem.

President Maher: I think it's in there. That's the way I remember it when it was drafted up it's in there.

Councilman Testino: Mr. Maher, I know John is right that we have to work on what we really want to achieve here. I'm ready to vote on this tonight and I'm glad that you came down to enlighten us.

Mr. Piovesan: Tom is at that convention for the Parks and Recreation. Barbara Felice is getting an award Tuesday, tomorrow night so that's why they're down there.

Councilman Greene: I feel a lot more informed about this issue now. I didn't really know that the Rec. group had such a part in this. I thought this was just a request that came specifically from this group and I didn't know that this had gone through you and obviously you gave it a good blessing so it was a good discussion.

Councilman Redmond: I'm looking at the resolution here and there really is no mention of sports at all. It just simply talks about competition. The only mention of athletes is when you get to the Camp Robin thing, it refers to challenge athletes or participants in the Robin Program. Also the ordinance doesn't mention that it has to be sports so I guess you can apply it to any sort of competition.

Councilman Testino: I would just remind the council that if we don't spend the money in this line item it drops to surplus next year. So we're talking about maybe six thousand dollars between these two.

Resolution - Person to Person Transfer of Liquor License #1209-33-003-007 from GED Corp. to the Oblique Corp.

RESOLUTION NO. 147-00

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

WHEREAS, application has been filed for a person to person transfer of Plenary Retail Consumption License #1209-33-003-007; heretofore issued to GED, Inc., to The Oblisque Corp, t/a Ticetown Liquors for premises located at Route 9 and Ticetown Road, Old Bridge, Old Bridge Township, New Jersey; and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and

WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33;

WHEREAS, the applicant has disclosed and the township authorities have reviewed the source of all funds used in the purchase of the license and the licensed business, and all additional financing obtained in connection with the licensed business;

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the township of Old Bridge does hereby approve the person-to-person transfer of the Plenary Consumption License #1209-33-003-007 effective March 20, 2000, and does hereby direct the Township Clerk to endorse the license certificate to the new ownership as follows: "This license subject to all of its terms and conditions, is hereby transferred to the Oblisque Corp, t/a Ticetown Liquors effective March 20, 2000."

BE IT FURTHER RESOLVED that said license is hereby conditioned that no go-go dancing be allowed.

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT POD: Councilman Hoff.

ABSENT: Councilwoman Marinaccio.

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

Lila Malek: I'm going to work with my husband, we're taking over the business from the owner.

President Maher: You are The Oblisque Corp.

Councilman Testino: Mr. President in light of that don't we need her to be represented by counsel?

Attorney Ruggierio: In order to advocate the application, should it be necessary to necessary to advocate anything, there has to be an attorney here. But I think that it's certainly proper for her to give us information concerning the nature of the transfer.

Mr. Malek: We contacted our attorney. He said there's no need for him to be here, it's just a transfer of license.

Councilman Testino: Person to person, it's not going to be placed anywhere yet is that right?

President Maher: From what I understand Mr. Testino this is the liquor store on the Ticetown Road shopping center. It's remaining there, these are the owners of the bakery store next to it. They are buying the liquor license and just leaving it there. You own the existing liquor store, you own the other store next to it which is the coffee shop. Now you'll have three stores in a row from what I understand that you will own.

Mr. Malek: It's going to be two. The bakery is not mine.

President Maher: So you'll own the coffee shop and you'll own the liquor store. You're not moving it anywhere?

Mrs. Malek: No. Name to name.

Councilman Redmond: What was the name of this place before?

Mrs. Malek: Ticetown Liquors.

President Maher: The clerk is telling me everything is in order. If you look in your packages here the police have done the background checks, the investigation, all the rules and regulations have been followed in terms of this.

Mayor Cannon: Are you going to do any kind of renovations in that liquor store?

Mr. Malek: We might be just changing the carpets, a little painting, that's it.

Councilman Testino: Does this have a sit down bar in it?

Mr. Malek: Yes. The only thing that we would be definitely changing is the carpeting, maybe the counters, some paint work.

Councilman Testino: I agree with the mayor, we should clean it up.

Resolution - Rescind Resolution #91-00 & Cert. #868 to Purchase vehicles on State Contract #41827 & 41624 From Warnock Automotive - 1 Ford Explorer $20,999 and 2 Ford Focus Wagons for $13,364.00 for a Total Amount of: $47,727.00 (AS)

RESOLUTION NO. 148-00

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 (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, 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 Certification of Funds No. 868.

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

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

NAYS: None.

ABSENT: Councilwoman Marinaccio.

Resolution - Authorization to Purchase 1 Ford Explorer from Warnock Ford (AS) State Contract #41888 Amount $20,999.00 (CERT. #871) (AFFIRM. ACT.)

RESOLUTION NO. 149

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 vehicles 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 the 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 ($20,999.00)

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #871 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 by Councilman Testino, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Marinaccio.

Resolution - Authorization to Purchase 2 Ford Focus Wagons from Sansone (AS) State Contract #41623 - $26,728.00 (CERT. #872) (AFFIRM. ACT.)

RESOLUTION NO. 150-00

WHEREAS, the Township of Old Bridge wishes to purchase two (2) Ford Focus Wagons, 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 the contract is contingent upon the issuance of a Certification of Availability of Funds #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 Maher and Township Clerk.

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilwoman Marinaccio.

Resolution - to Purchase accessories for Ford Explorer from Warnock Fleet & Leasing $2,955.00 (CERT. #873) (AFFIRM. ACT.) (AS)

RESOLUTION 151-00

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 accessories for a Ford Explorer; and

WHEREAS, the Township of Old Bridge wishes to purchase the aforesaid accessories for the price of $2,955.00.

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 $2,955.00 for accessories for a Ford Explorer.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #873 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 by Councilman Testino, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Marinaccio.

Prior to the roll call vote on Discussion Resolutions one through four, the following discussion took place:

Councilman Testino: We've been playing with these cars for like four weeks now. Is there any reason why we can't move them up tonight Mr. Maher so administration can order them? They're telling me there's a turn around time of a few weeks.

President Maher: I have no problem with moving them up. Since they're bundled together I think we need to do DR-1, DR-2, DR-3 & DR-4. We're going to be taking action on these four.

Councilman Testino: I will move them as a package but I guess you'll have to open it to the public.

President Maher: Is there any public comment? Any council comment?

Councilman Testino: Administration is happy with this?

Ms. Shepler: Yes we are, thank you very much.

DR-5 Resolution - to cancel appropriation balance for Lambertson Road in the Amount of $2,805.52 and Throckmorton Road in the amount of $2,233.50 - Total $5,039.02 (HS)

Moved up, no discussion.

DR-6 Authorize Contract with Middlesex County re: 2000 Municipal Alliance Contract

Councilman Redmond: Can somebody explain to me exactly what's going on here with this?

Ms. Shepler: This is the money we received from the DARE Program as well as the drug and alcohol programs within the township. We receive this every year from Middlesex County.

Councilman Redmond: So this is just authorizing you to accept the money.

Ms. Shepler: That's correct.

DR-7 Acceptance of Resignation of Vincent Romeo - Economic Development Corporation

Councilman Hoff: He moved out of town.

Councilman Testino: Residency is not a requirement.

DR-8 Authorizing Township of Public Auction - Wednesday, May 17, 2000 at 10:00 A.M.

President Maher: Is this just bicycles and things...

Ms. Shepler: Motor vehicles, bicycles...

President Maher: Will we see a list at our next meeting?

Ms. Shepler: When we get the publication it has to be available at that time. This includes a lot of furniture from the clerk's office as well.

DR-9 Authorizing Cancellation - Portio of 1999 of 100% Disabled Veteran for Block 12390, Lot 10

Moved up, no discussion.

DR-10 Acceptance of Resignation of Georgette Marinaccio - Economic Development Corporation

Moved up, no discussion.

DR-11 Legal Representation by Thomas E. Downs IV, Esq. Nunc Pro Tunc for Police Officer Eugene Holland (Contract Not to Exceed $2,000.00) (CERT. #881) (AFFIRM. ACT.) (WSR)

DR-12 Legal Representation by F. Kevin Lynch, Esq. Nunc Pro Tunc for Police Officer Arthur Carullo (Contract Not to Exceed $2,000.00) (CERT #882) (AFFIRM. ACT.) (WSR)

President Maher: DR-11 and DR-12 is just simply legal representation for two township public safety officers.

Councilman Redmond: This is due to collective bargaining agreement, they choose these attorneys.

Attorney Ruggierio: These individuals are charged to go out and hire these attorneys and it takes us a while to process the paper work. These are municipal court matters. They come up relatively quickly. Now I don't know if they're included or not but I just want to cover whatever work may have been done from the time they retain the attorney.

Moved up.

DISCUSSION

D-1 Funding for architect drawing - Youth Center (RB)

Councilman Butler: We can't discuss this until we pass the bonding.

President Maher: So we'll wait till our bonding.

Councilman Redmond: Mr. President are we planning a meeting for this bonding? We really need to move forward on this.

President Maher: We cancelled the workshop we had scheduled for today.

Councilman Redmond: I know we did, that's why I'm asking because I know it was scheduled for today and I know that other matters have taken precedent.

President Maher: Does the council want to start our agenda meeting at seven o'clock April 3rd.

Councilman Redmond: I would have no problem with that if everyone else concurs.

President Maher: Okay, April 3rd we'll have our bonding workshop. Hopefully we'll get more participation.

Councilman Redmond: Is that enough time Himanshu?

Mr. Shah: I think you're border lining now with the year end. We may have a problem with the fiscal year being over.

President Maher: We'll take action April 10th.

Mr. Shah: We'll discuss April 3rd, the second meeting in April we'll introduce and then sometime in May you adopt and then you're right on the border.

Councilman Redmond: Theoretically we could adopt it in April if everything goes right.

Mr. Shah: There's a twenty days waiting period effected by the ordinance and that could cause starting over again.

President Maher: We'll give April 3rd a shot, seven o'clock starting.

D-2 Safety Issue - Route 516 - White Oak Lane (GM)

Georgette is not here.

D-3 Open Space Referendum for November 2000 (DMM)

President Maher: I'd like to suggest to the council what I put in here. I had the Clerk pull a copy of the 1998 our resolution that was sponsored by Mr. Testino, seconded by myself for the public question that was on the referendum as well as I enclosed a copy of the recent East Brunswick public question that was a resolution. I'd like to suggest and get some support from the council that we look for direction from both our open space committee and our environmental committee to be prepared and come forward to this council with a proposal within the next thirty days in terms of exactly the direction we should go forward with this.

Councilman Redmond: When do we have to have it to get it on the ballot?

President Maher: It's the August time frame. But we have two existing committees Mr. Redmond. I'm just suggesting that both of those committees, the Open Space and the Environmental Committee engage them and I'll send a letter to them asking them to come forward with a recommendation to move this forward.

Mayor Cannon: I just wanted to add that in my State of The Township I did call for putting this on the ballot, but I think this time around we need to have it handled primarily by both the Open Space and Environmental Commission because I think it has to be totally apolitical and there really has to be a real education effort to reach out to all segments of the public to inform them how important that this is and how it will allow us to have access to state funds that we otherwise will not be able to access without having our own funding in place.

President Maher: So as I suggested, I'm going to send a letter to both of these committees giving them a thirty day time frame to get back to us in terms of some sort of direction.

HEARINGS

H-1 Continuation - Release/Reduction Performance Guarantee - Arpami Properties

Attorney Jonathan Heilbrunn: This is the continuation of the hearing for a bond release for Arpami. There were two issues involved which had to do with supplemental landscaping and with a request by the mayor that the blinking light that tells people time and temperature be either removed or be put on a timer to retain the services of our electrician to attend to that issue and we are told the lights off will be at ten o'clock at night. The time temperature light that is presently indicated will be terminated. With regard to the additional landscaping, at the request of your engineer Mr. Iglesias we have our Planner, Engineer Landscape Architect to provide a revised additional supplemental planting plan. It was submitted to the owners of adjoining properties with a request that if it was acceptable to them we would install that additional planting. It was provided to Mr. Iglesias for his comment and a similar copy was sent to Mr. Ruggierio with a letter indicating that we have in fact, with the exception of that particular issue complied with all of the requirements of the bond. Mr. Iglesias has already provided you with a report indicating that this applicant has installed all of the improvements that are required under his bond and he would respectfully request that he be released from this performance bond and be permitted to replace it with the appropriate maintenance bond, and we will in fact if satisfactory to Mr. Iglesias and adjoining property owners install the supplemental and additional landscaping.

Mr. Iglesias: Just one question. How soon would you plant the trees?

Attorney Heilbrunn: I would suggest within 30 days should the appropriate weather permit it.

President Maher: Is there anyone here from the public that wants to speak on this application?

PUBLIC HEARING

Beth Rose - South Old Bridge: I really request that the council support Dr. Rosen on this. This is an individual who has tried to meet every requirement up front. He's tried to accommodate the neighbors, the adjoining property owners and this is a man that constantly gives back to this township that you would be doing the township a very bad disservice by not releasing his bond. Thank you.

M O T I O N

Councilman Cucchiara moved the Release/Reduction Performance Guarantee, Arpami Properties, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilmen Cucchiara, Hoff, Greene, Redmond, Sohor, President Maher.

NAYS: None.

ABSENT POD: Councilmen Butler, Testino.

ABSENT: Councilwoman Marinaccio.

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

Councilman Hoff: There'll be no other guarantee?

Mr. Iglesias: Yes. There will be a two year maintenance bond.

Councilman Hoff: Would that two year maintenance bond would that cover the trees you seem to be worried about?

Mr. Iglesias: Yes sir.

Councilman Redmond: I just wanted to say that If I recall from Nelson's memo he had said that legally the applicant had met with all the requirements before we the additional plantings and the clock timer and I think that he's gone above and beyond and we support this motion. I ask that the council support it.

Councilman Greene: I know the applicant was here at another meeting, I happened to be sitting in the audience. I just want to check with Mr. Ruggierio whether or not it's possible for me to vote or should I not participate in this or abstain?

Attorney Ruggierio: No, I don't think there's any issue here. You've heard the engineer's report.

H-2 Release/Reduction Performance Guarantee - Ticetown Hills

Attorney Heilbrunn: Mr. President we had faxed a letter to the Clerk's office this afternoon asking that this matter be continued without further notice or publication until such meeting as convenient to the board. We can suggest May or June.

President Maher: I've been just given a date, June 19th, is that acceptable?

Attorney Heilbrunn: That would be fine.

President Maher: That's our next available date.

M O T I O N

Councilman Hoff moved to schedule the new meeting for June 19th and require the developer to notice by US regular mail with certification, seconded by Councilman Redmond and so ordered on the following roll call vote;

AYES: Councilmen Hoff, Greene, Redmond, Sohor, President Maher.

NAYS: None.

ABSENT PODIUM: Councilmen Butler, Cucchiara, Testino.

ABSENT: Councilwoman Marinaccio.

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

President Maher: Do we need to renotice?

Attorney Ruggierio: You were requesting that you not be required to renotice?

Attorney Heilbrunn: That's correct Mr. Ruggierio.

Attorney Ruggierio: It's a matter of discretion on the part of the council. Really you just have to judge whether or not it's too far in the future that you think it would be necessary to renotice or whether or not you think it's so close at hand that the notice that's already been given is enough.

Councilman Sohor: Mr. Chairman I would request that we require notice but in view of the expense relating to noticing by certified mail that we require notice by ordinary mail with a proof of mailing from the post office and that's it.

President Maher: That's what we'll vote on.

PUBLIC HEARING

Seeing no hands, President Maher closed the public portion.

President Maher: We're going to schedule the new meeting on June 19th and we're going to vote on requiring the developer to notice but just by US regular mail with certification.

H-3 Release/Reduction Performance Guarantee - Woodhaven Village - Section 1 (3/27/00)

President Maher: That's for Monday March 27th. I said that we would start the Schoolhouse Lane at 8:30, we have five minutes. We will start the Schoolhouse Lane at 8:30 pm. We'll take a ten minute recess.

Councilman Redmond: I will be returning to the dais for Schoolhouse Lane on the advice of counsel because I was on the Zoning Board at the time of the application.

Recess @ 8:20 pm
Reconvene @ 8:37 pm

HEARING

H-4 Continuation - Appeal of Zoning Board Decision - Schoolhouse Lane Associates

Roll call by President Maher showed the following answering present: Councilmen Butler, Hoff, Greene, Marinaccio, Sohor, Testino, President Maher. Councilmen Cucchiara and Redmond were absent from the podium.

Councilman Greene: Mr. Maher, I just wanted clarification. I was just appointed to the council earlier but I was at the last council meeting in the audience. In the possibility that I was or could have been selected as council member I went to the attorney's office and I got the minutes of the decision of the Board of Adjustment and I got the engineer's report and a whole assortment of backup material related to this case. So I just want to know for my information whether or not I can participate in this discussion and decision.

Attorney Ruggierio: Yes, I told Mr. Greene and I will tell the council that as long as he is aware of the information that occurred at the beginning of this process which was the last meeting and he's acquainted himself with all of the record, the transcript and the other documents, and I think he has because I gave them to him, under those circumstances he could then participate in the consideration of the subject.

President Maher: For the record I'd like to note that Mr. Hoff is here as well as Mrs. Marinaccio. I think the process I'd like to follow tonight then is Mr. Hyland I believe you finished your comments last Monday, a week ago Monday. If you have anything else, then I'd like to go to Mrs. Baumgarten then to Mr. Breitman and then limit the public comment here in terms of this application before the council does reach a decision. So Mr. Hyland, do you have anything else to say?

Mr. Hyland: No, not at this time Mr. President.

Mrs. Baumgarten: Finally. I'd like to thank the council members for attending this hearing. I realize this is an additional meeting dropped into your busy schedules. All the people concerned with this issue appreciate your time. In preparing this presentation I attempted to organize my remarks by topic. This means that there might be some paper shuffling required as we move around in the transcripts the dates the second to the ninth of December. I'll site the date, the page and the line number and then I'll read the citation. Let me know if I'm going too quickly. I don't know if everybody is going to want to go to every single page or if I should just read.

President Maher: I think the rules of the order was last Monday if we had questions we would ask the questions as the council up here had a question rather than saving them to the end. So If we can follow that rule here again this evening, I believe that was a suggestion by Mr. Sohor, as questions do arise we ask them immediately all the questions. So you can proceed. If the council does have questions they will direct me to have you pause and interrupted and we'll ask you the question.

Mrs. Baumgarten: And then who do I answer, you or the person?

President Maher: It doesn't matter. Everything should come through me but...

Mrs. Baumgarten: The main issue here is the granting of the D variance. Mr. Ruggierio has provided a very thorough analysis on this matter. I'd like to explain to you the basis of my appeal and why I requested the council reverse the Zoning Board's decision to approve the D variance. I'd also like to go on the record as stating that Mr. Breitman's offer to decrease from thirteen homes to eleven homes is unacceptable. This should not be considered as an option. Eleven homes still require the D variance and I am appealing a D variance. The development application under appeal combines both a request for the D use variance and the request for the approval of the development site plan. This is how it was introduced to the Zoning Board on December 2nd. In the December 2nd transcript page two lines thirteen through seventeen. This is Mr. Breitman saying, "this is application for a D variance on the major preliminary and final subdivision approval of lot 411 and 412 in Block 3230 on Schoolhouse Lane and Gordon Road." In other words, at the start of this application process to the Zoning Board there was no approval for any construction. This means that ten homes were not already approved. The township zoning ordinance allows for a density of ten homes. The site was zoned for ten homes but it was approved for ten homes. As with any site there might be physical constraints that alter the actual number of homes the Planning Board would allow. In this case the issue of critical and sensitive areas would be a primary concern. The Old Bridge Land Development Ordinance specifically addresses this issue. This is section 10-12 from page 10-67 of the Township Land Development Ordinance and it describes critical and sensitive areas. It states, "the purpose of this section is to provide for the reasonable control of construction in areas containing critical or sensitive environmental features where improper construction would result in a negative or irreversible impact on the environment. Development control shall be by means of special construction standards intended to promote the health, safety and general welfare would be covered by minimizing adverse environmental impact, but no controls were enacted by the Zoning Board. In fact, they voted to allow increased density, increased construction." The Old Bridge Planning Board was never involved with this application. Why? Let me explain. When a development application is accompanied by a use variance request since the variance is under the jurisdiction of the Zoning Board, the Zoning Board is given the entire package to consider. The Zoning Board is asked to rule on everything. When the Zoning Board received the three more homes request in the D variance there had been no approval for ten homes. When the Zoning Board voted on these two separate issues they put the cart before the horse. First they approved the D variance, the three more homes, next they voted and approved the site plan which was ten homes or thirteen. Our Township Planning Board was not consulted at all. So you see the only three more homes theory is invalid. The issue really becomes zero homes approved followed by the approval of thirteen followed by, I don't know somehow or other people think ten was in there. It didn't happen. On the other hand, what happens if the developers instead submit their application for ten homes? This application does not go before the Zoning Board. This application goes before the Planning Board and they require that many conditions be considered prior to any approval. Some people have stated that by attaching a variance request the developers were able to shift the hearing of their application to a more friendly venue. It cannot be assumed that the Planning Board would automatically approve ten homes. The land is zoned for ten homes, but as I said before, there are physical constraints such as critical slope that would have to be considered. As you can see ten homes was not a given. This fact was overlooked by the Zoning Board on December 9th. This is page two, lines twenty-two through twenty-five and page three lines one through four. The acting chairman states, "I will remind you that the application before us is they are asking for thirteen homes and present zoning allows for ten, so there is three homes difference." That's what the testimony should be about. Ten homes they wouldn't even have to be here at all is my understanding. Mr. Redmond was correct, if the application was for ten homes Mr. Breitman would have been before the Planning Board, not the Zoning Board. Ten homes are permitted by zoning law and homes are permitted by zoning law but at this point on December 2nd in the testimony no homes have been approved by any board. How was this misconception created? On December 2nd Mr. Breitman examines his planner Mr. Liotta as a witness, this is page twelve lines twenty-two twenty-four. And Mr. Breitman says again, "we are permitted by use under the existing zone ten homes, correct?" Mr. Liotta replies, "that's correct" Mr. Breitman further misrepresents the facts on December 9th when he states on page 106 lines five through seven, "what we are seeking is the mere addition of three additional homes what's permitted in the zone at this time." Later on on the 9th on page 108 lines eleven through thirteen he says, "so we have to really focus on what's at issue here, three additional homes on nine and some odd acres." Now on the ninth a few minutes later Mr. Hyland explains to the board, page 108 and page 109 lines twenty-three through twenty-five and lines one through five, Mr. Hyland says, "Mr. Chairman, if you are going to take a vote you really should break it up to two votes, one vote for the use variance and the other one if you want if the D variance passes a second vote for the preliminary or the preliminary and final together if you so desire, this clearly states that the preliminary did not go before. The Zoning Board proceeds to vote variance is approved, and yet several members in explaining their approval the reason why they voted, stated the following on page 112 lines twenty through twenty-two, and one of the members says, "he's asking for three more homes, he could build those ten without asking you anything and that's the way it goes" And then on page 113 lines twenty-four and twenty-five another man says, "yes, and I kind of concur he is only asking for three more homes". The meeting continues after the use variance is approved with a vote on the preliminary site plan. This gets approval also but this is the first time that any building of ten homes, three homes, thirteen homes was approved by any township board. Mr. Breitman was not asking for only three more homes, he was asking for site plan approval of thirteen where before there was no approval. We're not simply moving from ten homes to thirteen homes, we're moving from the existing two homes to a new over development of thirteen. This is a significant increase in density and it will create a substantial detriment to the public good. Back to the conditions on which a D variance can be granted. The applicant, Mr. Breitman, is required to prove that the variance can be granted without substantial detriment to the public good, yet the applicant's testimony in this area is meager. On December 9th on page eleven lines nine through eighteen Mr. Breitman questions his planner Mr. Liotta and he says, "in your opinion can this variance be granted without substantial detriment to the public good?" Mr. Liotta answers. "Yes I do. I don't believe there is any negative visual impact." This testimony does not prove that there will be no substantial detriment to the public good. There are many issues that concern us and visual impact is only one. Who know what's good for the public? The public does. The public has commented on and will be commenting on their testimony as recorded in the transcripts. In order to avoid repetition I will just briefly outline our concerns and allow the public to speak on their behalf in the upcoming public portion of this hearing. This issue has become a hot topic in our town. I know many of the people here tonight some of them are neighbors, some are concerned taxpaying citizens. But there's also some people here tonight that I don't know. It is my understanding however that they've gone to the library and read the transcripts and they may wish to speak also. I'll outline the major issues that we feel were not taken seriously by the Zoning Board. First of all, traffic. On December 2nd the development engineer states, this is page fifty-two line twenty-five, and page fifty-three, lines one and two. There is however an impact on the roads immediately adjacent to the site. Most specifically, Schoolhouse Lane. That's where I live. He goes on to state on page fifty-three, lines thirteen through fifteen, "the homes that are immediately adjacent to Schoolhouse Lane will feel the impact, and yet the traffic study that was supplied with this is based on information from November 1998. It's too old to be valid. Additionally the only study of traffic on Schoolhouse Lane which will be most affected was a fifteen minute observation done on October 15, 1999." I don't know when, no indication of time. It could have been at 2:00 am, I don't know. Fifteen minutes they watched the street. Yet the Zoning Board approved the application. Another area that we are concerned about is the conflict of interest. The New Jersey Municipal Land Use Law only requires that Zoning Board members do not involve themselves with a hearing in which they have an interest. However...

Councilman Testino: Can I address the traffic impact for a second? Because there is a traffic impact statement that was dated October 15th and it does say between one pm and four pm when the observations... is that wrong or is that your understanding?

Mrs. Baumgarten: And it says length of observation period fifteen minutes.

Councilman Testino: I'm just saying that's what his report says. I'm not looking at the transcript now, these are the additional reports.

Mrs. Baumg