Old Bridge Township, New Jersey - May 22, 2000 Minutes

A Regular Meeting of the Township Council of the Township of Old Bridge was held on May 22, 2000 in the Municipal Complex. The meeting was called to order at 8:04 p.m. by President Maher who invited all to participate in a salute to the flag followed by a short prayer.

Deputy Clerk, Stella Ward, announced that the meeting had been advertised in the Home News & Tribune pursuant to Section 5 of the Open Public Meetings Act and that the next open public meeting of the council will be held on June 13, 2000 at 7:30 p.m.

Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Sohor, Councilwoman Marinaccio, President Maher. Councilman Testino arrived at 8:08 p.m.

No. 245 Bill List

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 May 22, 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 May 22, 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 $9,430,335.00 (Accounts Payable).

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

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

NAYS: None.

No. 246 Bill List

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

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

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

NAYS: None.

No. 247 Bill List

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

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

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

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

Report of the Attorney.

Attorney Ruggierio: I have provided council with two written reports with accompanying resolutions with respect to the Hannigan case and C&L contract in the Geick III settlement that has been negotiated and subject to the council approval. In connection with the Hannigan case I understand that there will be an executive session, and I shall enlarge on my remarks. There was a settlement on the first day of trial for $50,000. With respect to the acquisition projects on Rt. 516 and the Texas Road project, we have acquired all parcels with the exception of the Perth Amboy parcel which should be acquired within the month in connection with the Rt. 516 project. You all know from my office's contact with the members of council that the cable meeting is now set for May 30. I think that we will have a reasonable ability to report to you at least by June 13. Mr. Shah reminds me that there are details relating to the C&L matter that I should report to you prior to your vote.

Councilman Butler: Thanks to Bill for setting up the cable meeting. Members of the committee will have to accomplish a lot at that one meeting. We passed a resolution that we would have come to a conclusion by June 1.

Motion

to accept the Report of the Attorney made by Councilman Butler, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

Preliminary Public Comment.

Ms. Clavering: Thanks to the Old Bridge police department for their quick action with respect to abuses of handicap parking spaces

Ms. Rose: Thanks the township council for their donation to the Old Bridge High School marching band. The students achieved first place for all over band and first place in their category in a national competition.

Public Comment on the Consent Agenda.

Mr. Vitale (C-5 Supporting Bills S-1162/A-2308 banning hunting of native black bears in New Jersey). Disturbing is that these bills and your resolution supporting them have no solution. The intent is to lower the black bear population by 30 in the period of one week. I offer solutions. One is to support this bill for a vote. Another solution would be to take some of the bear and relocate the bear in Old Bridge. The third solution is sterilization of the adult males and females. Hunters don't want animals to become extinct. That is why we limit the numbers. The number one killer of all animals is human expansion putting animals into a more confined area which leads to starvation. I suggest not going along with a bill that simply bans without a solution, but support a resolution for a referendum. We don't know how serious the problems are in a particular county. Let those municipalities that are affected by the situation vote on this.

Councilman Hoff: I am convinced that we don't need to give hunters carte blanche to save the animals. I am content with what the state has done by putting a ban on killing animals.

Councilman Greene: To clarify this debate, we have certain levels of legislation and according to the Administrative Code of New Jersey, there is a ban on the killing of black bear. The statute reads "It shall be illegal to possess, take, kill or attempt to take or kill a black bear at any time." Mr. Badcock asked us to support a proposed state statute which reinforces this current ban.

Mr. Saracino: I have been a hunter for thirty-eight years and have been cornered by a bear. The reason for the ban on black bear hunting was enacted because the population was down. The bear season lasted for about seven hours. The first day of deer season was bear season, and at the end of the day, it was over. I don't agree with the day on which this is proposed. There would be too much green cover.

Mrs. York: (C-19 Installation of gas pipe line on Englishtown Road). Asks the location of the pipeline.

Councilman Cucchiara: A gas line was installed from Texas Road south on Englishtown Road to feed the Woodhaven area. Residents north of Texas Road on Englishtown Road have asked that the gas line be extended to the remaining part of Englishtown Road because of the high cost of gas and oil. This line will branch off to Van Tins Lane, Pleasant Valley and East Greystone.

Mrs. York: I am concerned that the new road is going to be ripped up. Roads are patched, and it becomes the burden of the taxpayers to repair them. Southwood Drive to Charles Street is nothing but a "cow path". Traffic moves on the wrong side of the road and the potholes are getting larger each day. It is time that the council looked at these roads to see what the utilities are doing to them.

Mr. Cutrone: (C-14 Contract No. 00-18 for Tree Removal Services to Coffman Tree Service). Who will be supervising the work hours, and were any other companies allowed to bid?

Administrator Shepler: This was a public bid on which Coffman Tree Service was the only bidder. This price has been compared to the state contract price which we are also allowed to access. Coffman's price is lower than the state contract price. Contract observation is left to our pubic works department by verifying each and every bill submitted. Coffman is ordered out by public works with a purchase order, and the hours are attested to by him (Coffman) and sworn to by the public works department.

Mr. Cutrone: (C-26 through C-30 Clerk's Office Salary Increase). When was the last time they received an increase, and how much are you looking to give them, and is their salary in line with other towns for this type of jobs?

Clerk Saracino: My staff has received a percentage increase when all the other departments received theirs.

Mr. Cutrone: You are giving them an increase on top of an increase?

Clerk Saracino: Two of my staff have become certified as municipal clerks.

Mr. Cutrone: Will their salaries by higher, lower?

Councilwoman Marinaccio: If these employees who have just become certified were to walk into another township, the scales are different. Once certified, these employees must continue to accrue credits toward that certification. We are in line with percentages to base salaries.

Consent Agenda.

No. 248 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 applicant the following licenses:

RA57-00 St. Ambrose Combined Societies
RA58-00 St. Ambrose Combined Societies

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

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

NAYS: None.

No. 249 Granting permission for a block party - Heather Drive 8/12/00 (rain date 8/13/00).

RESOLUTION

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

WHEREAS, the residents of have requested permission to close Heather Drive at the intersection of Alpha Avenue and Gaub Road for the purpose of a block party to be held on August 12, 2000 (rain date August 13, 2000).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions.

It is a requirement of this approval that you must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Clerk's office before Council approval.

It is a requirement of this approval that Heather Drive be completely closed to vehicular traffic from the intersection of Alpha Avenue and Gaub Road. This closing must apply also to the residents' vehicles as well as other vehicles. You will be responsible for making provision to have the roadway blocked, making sure that there is access for residents to enter and depart as they desire. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant).

The party must end and the streets reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

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

NAYS: None.

No. 250 Authorizing settlement agreement in the case of Township of Old Bridge v. Richard & Vincent Napoliello.

RESOLUTION

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

WHEREAS, the Township Council is aware that a Stipulation of Settlement has been reached in the matter of Township of Old Bridge vs. Richard and Vincent Napoliello; and

WHEREAS, the Township Council wishes to authorize the approval of the Stipulation of Settlement.

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. The Stipulation of Settlement with regard to the matter of Township of Old Bridge vs. Napoliello is hereby approved.

2. 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.

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

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

NAYS: None.

No. 251 Authorizing renewal of United States Life Insurance Policy

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 renew its life insurance policy for police officers with United States Life Insurance effective June 1, 2000; and

WHEREAS, such contract for insurance may be entered into without competitive bidding.

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. This contract is renewed in accordance with the rate schedule attached to this resolution.

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

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

NAYS: None.

No. 252 Supporting Senate Bill No. 268 allowing the township to perform Internet options for the sale of bonds.

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 supports the adoption of Senate Bill No. 268 which would allow the municipality to perform Internet options for the sale of bonds; and

WHEREAS, the Township Council has been provided with a copy of Senate Bill No. 268; and

WHEREAS, the Township Council of the Township of Old Bridge is of the opinion that such legislation is in the public interest.

NOW, THEREFORE, BE IT RESOLVED that a certified copy of this resolution be forwarded to Christine Todd Whitman, Governor of the State of New Jersey,; Donald DiFrancesco, President of the New Jersey State Senate; the Middlesex County Board of Chosen Freeholders; the New Jersey State League of Municipalities and all the municipalities in the County of Middlesex.

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

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

NAYS: None.

No. 253 Authorizing cancellation of CDBG mortgage for Frank & Celeste Collazo.

RESOLUTION

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

WHEREAS, a Community Block Development Grant (CDBG) mortgage was entered into by Frank Collazo and Celeste Collazo with the Township of Old Bridge for premises known as 75 Ocean Boulevard, Cliffwood Beach, New Jersey; and

WHEREAS, the amount of the CDBG mortgage was for the amount of $4,453.20; and

WHEREAS, the above-named individual has paid the outstanding amount of the mortgage and is requesting cancellation of said mortgage.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the CDBG Mortgage in the amount of $4,453.20 is hereby canceled. The Township Council authorizes the Mayor and Clerk to execute the discharge documents.

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

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

NAYS: None.

No. 254 Authorizing cancellation of CDBG mortgage for Elisha & Margaret Conte.

RESOLUTION

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

WHEREAS, a Community Block Development Grant (CDBG) Mortgage was entered into by Elisha Conte and Margaret Conte with the Township of Old Bridge for premises known as 21 Diane Avenue, Old Bridge, New Jersey; and

WHEREAS, the above-named individual has paid the outstanding amount of the mortgage and is requesting cancellation of said mortgage.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the CDBG mortgage in the amount of $109,697.70 is hereby canceled. The Township Council authorizes the Mayor and Clerk to execute the discharge documents.

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

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

NAYS: None.

No. 255 Establishing date and amount due for clean up Sigmund property.

RESOLUTION

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

the lien on Block 18092, Lot 27 of the Tax Map of the Township of Old Bridge (formerly owned by Gustav Sigmund) be and hereby is fixed at $17,641.60 with no interest. This pay-off shall expire if not paid by July 1, 2000.

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

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

NAYS: None.

No. 256 Awarding Contract No. 00-18 to Coffman Tree Service in the amount of $50.00 per hour for tree removal and $30.00 per hour for stump removal.

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 advertised and received one bid for Contract No. 00-18 for tree removal services; and

WHEREAS, the bid received was opened on April 10, 2000; and

WHEREAS, the Township Council wishes to award the contract for tree removal services to the lowest responsible bidder; and

WHEREAS, the Director of Public Works has recommended that a contract be awarded to Coffman Tree Service, located at 72 Pleasant Valley Road, Old Bridge, New Jersey, 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. Coffman Tree Service is hereby awarded a contract in the amount of $50.00 per hour for tree removal and $30.00 per hour for stump removal.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 892 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 the 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 Councilwoman Marinaccio, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

No. 257 Authorizing award of professional service contract to T&M Associates for a wetlands delineation letter of intent for the Queen Yacenda property in the amount of $40,200.00.

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 an engineering firm of purposes of wetlands delineation, NJDEP Letter of Interpretation (LOI) and survey for the Queen Yacenda Tract; and

WHEREAS, T&M Associates is a licensed New Jersey engineering firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with T&M Associates for purposes of providing the aforesaid engineering services for wetlands delineation, NJDEP Letter of Interpretation (LOI) and survey for the Queen Yacenda Tract.

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 is authorized to be entered into with T&M Associates in an amount not to exceed $40,200.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 893 certifying the existence of a sufficient appropriation to fund 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 the 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 Councilwoman Marinaccio, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

No. 258 Authorizing award professional service contract to MJ Barone for civic center renovation project in the amount of $1,865.00.

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 previously entered into a contract with M.J. Barone and Associates, P.C. for bid specifications and documents for the reconstruction of the Civic Center Basement Teen Center; and

WHEREAS, the original contract did not include a provision for compensation in the case of a re-bid; and

WHEREAS, additional work was required due to the Township rejecting previous bids and M.J. Barone has submitted an additional fee of $1,865.00 for the re-bid of this project.

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. The contract extension for the Civic Center re-bid is $1,865.00 bringing the new total contract amount of $37,160.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 894 certifying the existence of a sufficient appropriation to fund the said account.

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

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

NAYS: None.

No. 259 Authorizing memorandum of agreement for the teamsters professionals from 7/1/99 through 6/30/02.

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 wishes to enter into a Memorandum of Agreement with the Teamsters Local No. 469 Professional Bargaining Unit; and

WHEREAS, the terms of said Agreement are set forth on the attached.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the Memorandum of Agreement with the Teamsters Local No. 469 Professional Bargaining Unit is hereby authorized; and

BE IT FURTHER RESOLVED that a comprehensive written agreement shall be prepared by legal counsel and presented for signature.

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

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

NAYS: None.

No. 260 Authorizing installation of pipeline on Englishtown Road.

RESOLUTION

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

WHEREAS, a certain portion of Road would benefit by the installation of gas mains; and

WHEREAS, the Township Council wishes to request the installation of gas mains in said area by PSE&G; and

WHEREAS, the area at issue is described as:

North of Texas Road on Englishtown Road to branch off into Pleasant Valley Road, Van Tines Lane and East Greystone Road

WHEREAS, a true copy of this resolution should be transmitted to PSE&G corporate headquarters.

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. PSE&G is hereby requested to install gas mains along Englishtown Road in the area described above.

2. A true copy of this resolution should be mailed to PSE&G corporate headquarters.

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

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

NAYS: None.

No. 261 Authorizing cancellation of bond ordinance balances.

RESOLUTION

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

WHEREAS, certain General Capital Improvement appropriations balances remain dedicated to projects now completed; and

WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be returned to each respective Capital Improvement Fund or credited to Surplus, and unused debt authorization may be canceled;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, that the unexpended and dedicated balances of General Capital Appropriations on the attached schedule be canceled.

BE IT FURTHER RESOLVED, that a copy of this resolution will be distributed to all departments in the Township of Old Bridge.

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

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

NAYS: None.

No. 262 Authorizing reimbursement for Cablevision display advertisement in the Home News in the amount of $309.96 and the Suburban in the amount of $270.00 for a total of $579.96.

RESOLUTION

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

the Finance Director of the Township is hereby directed to issue checks for reimbursement of display advertisements alerting Old Bridge residents of the entitlement of a free cable box as follows:

The Home News Tribune: $309.96

The Suburban: $270.00

TOTAL: $579.96

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

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

NAYS: None.

No. 263 Changing the term of office on the Housing Authority for Mary Ann Gurliaccio from 5/18/01 to 5/18/04 and Laura Kohler from 5/18/02 to 5/18/01.

RESOLUTION

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

WHEREAS, the term of office for a housing authority member is five (5) years; and

WHEREAS, a review of the appointments shows errors in continuity for the terms of office of Mary Ann Gurliaccio and Laura Kohler; and

WHEREAS, Mary Ann Gurliaccio replaced Justin Rosato and the term of office should have been May 18, 2004, not May 18, 2001; and

WHEREAS, Laura Kohler filled the vacancy of Edna Gordon and the term of office should have been May 18, 2001, not May 18, 2002.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the term of Mary Ann Gurliaccio is hereby corrected to May 18, 2004 and the term of Laura Kohler to May 18, 2001.

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

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

NAYS: None.

No. 264 Memorializing release of performance guarantee - All Star Car Wash.

RESOLUTION

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

WHEREAS, All Star Car Wash, a/k/a Simko Car Wash, has requested a release of its performance guarantee for the site located at the intersection of Rt. 34 and Old Mill Road; and

WHEREAS, a public hearing was held on May 15, 2000 at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, the Township Engineer in a report has recommended release of the Performance Guarantee of All Star Car Wash, a/k/a Simko Car Wash. The engineer's report is hereby incorporated by reference in this resolution; and

WHEREAS, the Township Engineer has performed an inspection of the site and finds that the bonded items have been completed satisfactorily.

WHEREAS, the Township Engineer recommends release of the Performance Guarantee as follows:

Performance Bond $193,928.58

Cash Deposit 21,547.62

TOTAL: $215,476.20

WHEREAS, release of the Performance Guarantee will be subject to the Developer posting a two (2) year maintenance bond as follows:

Maintenance Bond - $32,321.43 (15% of $215,476.20-the original 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 request of All Star Car Wash, a/k/a Simko Car Wash for a release of its cash performance guarantee is hereby granted.

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

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

NAYS: None.

No. 265 Granting permission for the Lakeridge Memorial Day Parade, 5/27/00.

RESOLUTION

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

WHEREAS, the Lakeridge Community Association has requested permission to hold a parade on Saturday, May 27, 2000 at 10:00 p.m.; and

WHEREAS, the Township Council wishes to endorse and permit a parade for the Lakeridge Community Association ; 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 Lakeridge Community Association to be held on Saturday, May 27, 2000.

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

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

NAYS: None.

ABSTAIN: Councilman Testino.

No. 266 Supporting enabling alliance of Cablevision towns.

RESOLUTION

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

WHEREAS, the municipalities of Metuchen, Milltown, Edison, Sayreville, Old Bridge and North Brunswick are served by Cablevision cable franchise; and

WHEREAS, Cablevision has conducted its business in the recent past in a manner that appears arbitrary and questionable when viewed from the perspective of the local consumers and residents of these towns; and

WHEREAS, it would be helpful and beneficial to foster communication among the towns so that matters of common interest can be discussed and the consumers' voices can be presented from a united perspective;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the Mayor and Township Council endorse this Resolution Enabling an Alliance of Cablevision Towns (REACT) for the purpose of providing a unified response to decisions affecting our residents made by Cablevision, to be known as the Middlesex Access Coalition (MAC).

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

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

NAYS: None.

NO PARTICIPATION: President Maher.

No. 267 Supporting Bills S-1162 and A-2308 banning hunting of native black bears in New Jersey. Denied.

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 supports the adoption of Senate Bill No. 1162 and Assembly Bill No. 2308 which would prohibit the hunting of black bears in the State of New Jersey; and

WHEREAS, the Township Council has been provided with a copy of Senate Bill No. 1162 and Assembly Bill No. 2308; and

WHEREAS, the Township Council of the Township of Old Bridge is of the opinion that such legislation is in the public interest.

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 supports the prompt enactment and signing into law of the above legislation; and

BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to Christine Todd Whitman, Governor of the State of New Jersey; Donald DiFrancesco, President of the New Jersey State Senate; the Middlesex County Board of Chosen Freeholders; the New Jersey State League of Municipalities; and all municipalities in the County of Middlesex.

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

AYES: Councilmen Butler, Greene, Hoff.

NAYS: Councilmen Cucchiara, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

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

Councilman Hoff: I think black bears are not a problem for the people in this area. I will support the bill because this makes good sense. I know for a fact that this passed out of committee today.

Councilman Redmond: One of the largest killer of animals is building, and I would support a ban on building in the areas where black bears live.

No. 268 Memorializing release of performance guarantee Most Holy Redeemer.

RESOLUTION

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

WHEREAS, Most Holy Redeemer Church has requested a release of its performance guarantee for the site located off Amboy Road; and

WHEREAS, a public hearing was held on May 1, 2000 at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, the Township Engineer in a report has recommended release of the Performance Guarantee of Most Holy Redeemer Church. The engineer's report is hereby incorporated by reference in this resolution; and

WHEREAS, the Township Engineer has performed an inspection of the site and finds that the bonded items have been completed satisfactorily.

WHEREAS, the Township Engineer recommends release of the Performance Guarantee as follows:

Cash (in lieu of Bond) $23,371.20

10% Cash Deposit $2,596.80

Total: $25,968.00

WHEREAS, release of the Performance Guarantee will be subject to the Developer posting a two (2) year maintenance bond as follows:

Maintenance Bond - $3,895.00 (15% of $25,968.00, the original 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 request of Most Holy Redeemer Church for release of its cash performance guarantee is hereby granted.

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

AYES: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Councilwoman Marinaccio.

NAYS: None.

NO PARTICIPATION: Councilmen Sohor, Testino, President Maher.

No. 269 Awarding Contract No. 00-23 to Tarheel Enterprise, Inc. for Higgins Road soccer complex parking lot development in the amount of $80,250.00

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 advertised and received bids for Contract No. 00-23 for the Higgins Road Soccer Complex parking lot development for construction of additional parking funded by a New Jersey Legislative Grant; and

WHEREAS, bids were received and opened on May 10, 2000; and

WHEREAS, the Township Council wishes to award the contract for the Higgins Road Soccer Complex parking lot development to the lowest responsible bidder; and

WHEREAS, the Director of Parks, Recreation and Social Services has recommended that a contract be awarded to Tarheel Enterprises, Inc. located at 2000 Highway 35, Morgan, NJ, as they submitted the lowest responsible 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. Tarheel Enterprises, Inc. is hereby awarded a contract in the amount of $80,250.00 for the Higgins Road Soccer Complex parking lot development in accordance with the specifications advertised therefor.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 891 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 the 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 Councilwoman Marinaccio, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

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

Councilman Butler: I was approached by someone who thought that Sam Thompson received $95,000 as compared to $80,250 being spent.

Administrator Shepler: The amount of the legislative grant was $95,000. We were fortunate to receive a bid for $80,250. We will have the balance to spend if we can justify it.

President Maher: The other $15,000 is going to be earmarked for striping?

Administrator Shepler: It can only be spent on that project, but can be spent for other items.

President Maher: We need to do landscaping.

Mr. Badcock: We don't use landscaping as part of the package.

President Maher: The landscaping is in the $80,000 amount?

Mr. Badcock: We can do the parking on the other side.

President Maher: I had asked to see the plans for this.

Mr. Badcock: Rose-Marie has a copy.

No. 270 Authorizing sale of Block 17000, Lot 27.12 and authorizing payment of a commission not to exceed 5%. TABLED

RESOLUTION

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

WHEREAS, the Township wishes to sell the property known as Block 17000, Lot 27.12; and

WHEREAS, the Township of Old Bridge will pay a real estate broker's fee of 5% of the purchase price of the property advertised for sale herein. In order to qualify for such commission, the broker must demonstrate (1) the he or she is licensed in New Jersey and may lawfully represent buyers and sellers in connection with real estate sales; (2) that he or she was the procuring cause of the sale of the above-described property to the buyer in question. No commission may be paid to the purchaser. Accordingly, any person claiming this commission must file an affidavit in a form acceptable to the Township Attorney that he or she is not the purchaser and that the commission will not be paid, nor shall such commission inure to the benefit of the purchaser as defined in NJSA 40A:12-13.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the sale of the property known as Block 17000, Lot 27.12 and the payment of a commission not to exceed 5% is hereby authorized; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the sale and payment of commission. The Township Attorney shall review any and all documents prepared in furtherance of this sale and payment of commission.

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

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

NAYS: Councilman Sohor.

No. 271 Awarding contract to Leon Avakian for road improvements to Disbrow Road in the amount of $9,700.00 and Marlboro Road in the amount of $20,100.00 and drainage improvements to West, Central and Riverdale Avenues in the amount of $25,300.00 (total $55,100.00).

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 engineering services for the Disbrow Road and Marlboro Road improvements and West, Central and Riverdale Avenue drainage improvements (Phase II); and

WHEREAS, Leon Avakian is a licensed New Jersey engineer who is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with Leon Avakian for purposes of providing the aforesaid engineering services for the Disbrow Road and Marlboro Road improvements and West, Central and Riverdale Avenues drainage improvements (Phase II).

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 is authorized to be entered into with Leon Avakian in an amount not to exceed $9,700.00 for Disbrow Road improvements; $20,100.00 for Marlboro Road improvements; and $25,300.00 for West, Central and Riverdale Avenues drainage improvements (Phase II) for a total amount of $55,100.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 896 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 the 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 Hoff, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: None.

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

Councilman Cucchiara: What is happening at the end of West Avenue? There is a drain which runs through three backyards, and this will be covered up with pipe, correct?

Mr. Iglesias: Yes.

No. 272 Rejecting bid to Sprint in the amount of $15,600.00 (land lease).

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 advertised and received a bid for Contract No. 00-05 for a land lease for operation of wireless communications; and

WHEREAS, bids were received and opened on March 15, 2000; and

WHEREAS, Sprint Spectrum, L.P., located at One International Boulevard, Suite 800, Mahwah, New Jersey submitted the only bid; and

WHEREAS, the contract award time period has expired.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the bid of Sprint Spectrum is hereby rejected; and

BE IT FURTHER RESOLVED that the Business Administrator is hereby authorized to readvertise the bid.

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

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

NAYS: None.

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

Administrator Shepler: There is a letter from me attached to your recommendation for an award stating that on May 19, I was advised by our legal department that I would not be able to award this land lease based on the fact that the statute calls for the bid to be awarded by the second regular council meeting after the opening of the bid. Sprint was the only bidder on this item, and they took various exceptions to our specifications, and it has taken us a long time to work them out. I ask that the bid be rejected (although it has formally been rejected by virtue of law) and allow me to rebid this as quickly as possible. I cannot table this for two weeks. Our next meeting is June 13, and if there are any questions I would be happy to answer them. They have withdrawn all the objections.

Councilman Testino: They were the only bidder; you want us to bid with the same specs? Do you think that this could be accomplished by the next meeting?

Administrator Shepler: This would have to be an expedited bid insertion because this is under local lands and buildings, and there is a statutory time frame. The last insertion has to be not later than seven days after the last insertion. I shall work this out with Rose-Marie. I don't know that we can do this for the June 13 meeting, but at least by the following meeting. I ask the council to formally reject this for the purposes of a paper trail and to authorize me to readvertise.

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

Councilman Redmond: Why must this be done over?

Administrator Shepler: They ran out of time.

Attorney Ruggierio: This bid was made with some exceptions. The administration tried to resolve this with Sprint and was successful. By the time of the awarding of the bid, the bid would have been outside the time limit permitted by the statute. According to the local use and buildings law after several insertions and going through the bidding process, there has to be a timely award of the lease or the sale. It must occur at the second meeting following the last advertisement. The legislature thought it inappropriate to have a situation where you could have a bid and have it hanging out for months or years and forgotten about. When it was to be sold, someone could say they bid several years ago on a right to a lease or sale of this property. The law is specific in that after this process, you have to award after the process is concluded.

Councilman Redmond: This bid was for $15,600; I saw $5,000.

Administrator Shepler: It should say $15,600 as the minimum bid.

Councilman Redmond: I see a paper with Sprint's name on it indicating $5,000.

Administrator Shepler: The paperwork I provided to council indicated $15,600 with a 5% escalator for five years.

Mr. Shah: Mr. Redmond may be confused with a bid for GPU.

No. 273 Authorizing final settlement of C&L Contracting. Denied.

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 received a claim by C&L Contracting; and

WHEREAS, the claim has been evaluated by the administration and the legal department; and

WHEREAS, a recommendation of settlement has been forwarded to the Township Council which would fully and completely resolve all pending claims with respect to the Geick Park III C&L contract; and

WHEREAS, the terms and conditions of this settlement must be authorized.

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. The sum of $46,084.76 will be paid to C&L Contracting Corp. in exchange for a complete release and indemnification with respect to the Geick Park III contract.

2. Old Bridge shall also issue a $6,000 check made payable to C&L Contracting Corp. and Kurtz Engineering (joint check).

3. Old Bridge shall issue a check in the amount of $4,000.00 to J&S Painting. The payment authorized hereunder and this entire agreement is subject to receipt from J&S Painting of a full and complete release of its lien claim as against the proceeds otherwise payable to C&L Contracting. If such release is not received, the $4,000.00 payment will not be made and this entire agreement shall be null, void and of no effect.

4. C&L Contracting shall deliver to the Township of Old Bridge a full and complete release and indemnification against any claims including, but not limited to claims by subcontractors, laborers or suppliers.

5. The contract as between the Township of Old Bridge and C&L Contracting is hereby increased as necessary to accommodate and pay the sums set forth in this resolution.

BE IT RESOLVED by the Township Council that this resolution shall constitute full authorization of the Township Finance Director to pay over the sums authorized as though such sums had been listed on the bill list for payment.

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

AYES: Councilman Hoff.

NAYS: Councilmen Butler, Greene, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

ABSENT PODIUM: Councilman Cucchiara.

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

Attorney Ruggierio: When this matter was on going, and there was additional time taken by the contractor to complete this job, we appropriately gave money to our supervising engineer, T&M Associates. At the time the council wanted to be sure that the $25,000 was withheld from their contract. Mr. Shah was concerned that if a settlement is authorized, the $25,000 is not in there. This is a good settlement for the reasons I expressed in my memo. We wanted to be forthright with the council.

Councilman Hoff: What is the amount of the settlement?

Attorney Ruggierio: The amount of the settlement is $56,084. The additional amount in dispute appears to be between $10,000 and $15,000.

Councilman Testino: I remember saying that I would not support a resolution that would not pay for our engineer's fees. I intend to vote "no", and thank Mr. Shah for reminding me. They caused the delay at the time, and we will have to absorb the engineering fees. We will renegotiate something that will get us our money.

President Maher: I agree with Mr. Testino.

No. 274 Authorizing salary increase for Stella Ward, Deputy Township Clerk.

RESOLUTION

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

WHEREAS, Stella Ward was appointed Deputy Township Clerk in January, 1999; and

WHEREAS, Mrs. Ward has demonstrated her ability to handle the demands of the position very aptly; and

WHEREAS, the Township Clerk has recommended a salary increase be granted to Ms. Ward.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that Stella Ward, Deputy Township Clerk, is hereby given a salary increase of Thirty-five Hundred Dollars ($3,500) retroactive to December 6, 1999. This increase is in addition to the percentage increase that is provided to employees following the conclusion of union contracts.

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

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

NAYS: None.

ABSTAIN: Councilman Sohor.

NO PARTICIPATION: Councilman Greene.

No. 275 Authorizing salary increase for Lisa Quaglietta , Council Stenographer, Office of the Township Clerk.

RESOLUTION

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

WHEREAS, Lisa Quaglietta was hired as Council Stenographer in December, 1997; and

WHEREAS, Mrs. Quaglietta has undertaken additional duties of the position and has demonstrated her ability to handle said functions; and

WHEREAS, the Township Clerk has recommended a salary increase be granted to Mrs. Quaglietta.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that Lisa Quaglietta, Council Stenographer, is hereby given a salary increase of Two Thousand Dollars ($2,000) retroactive to December 6, 1999. This increase is in addition to the percentage increase that is provided to employees following the conclusion of union contracts.

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

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

NAYS: None.

ABSTAIN: Councilman Sohor.

NO PARTICIPATION: Councilman Greene.

No. 276 Authorizing salary increase for Vivian Owen, Assistant Deputy Clerk.

RESOLUTION

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

WHEREAS, Vivian Owen, Assistant Deputy Clerk, was hired in May, 1996; and

WHEREAS, Mrs. Owen has completed the required courses at Rutgers and has obtained her license as a Registered Municipal Clerk; and

WHEREAS, the Township Clerk has recommended a salary increase be granted to Mrs. Owen.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that Vivian Owen, Assistant Deputy Clerk, is hereby given a salary increase of Thousand Five Hundred Dollars ($2,500) retroactive to October 13, 1999 in recognition of her achievement on the attainment of her license as Registered Municipal Clerk. This increase is in addition to the percentage increase that is provided to employees following the conclusion of union contracts.

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

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

NAYS: None.

ABSTAIN: Councilman Sohor.

NO PARTICIPATION: Councilman Greene.

No. 277 Authorizing salary increase for Patricia Greene, Senior Council Stenographer, Office of the Township Clerk.

RESOLUTION

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

WHEREAS, Patricia Greene, Senior Council Stenographer, was hired in April, 1996; and

WHEREAS, Mrs. Greene has completed the required courses at Rutgers and has obtained her license as Registered Municipal Clerk; and

WHEREAS, the Township Clerk has recommended a salary increase be granted to Mrs. Greene.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, that Patricia Greene, Senior Council Stenographer, is hereby given a salary increase of Two Thousand Five Hundred Dollars ($2,500) retroactive to June 19, 1999 in recognition of her achievement on the attainment of her license as Registered Municipal Clerk. This increase is in addition to the percentage increase that is provided to employees following the conclusion of union contracts.

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

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

NAYS: None.

ABSTAIN: Councilman Sohor.

NO PARTICIPATION: Councilman Greene.

No. 278 Authorizing salary increase for Aileen Ruffley, Senior Council Stenographer, Office of the Township Clerk.

RESOLUTION

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

Aileen Ruffley, Senior Council Stenographer, is hereby given a salary increase of Five Hundred Dollars ($500) effective May 15, 2000. This increase is in addition to the percentage increase provided to employees.

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

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

NAYS: None.

ABSTAIN: Councilman Sohor.

NO PARTICIPATION: Councilman Greene.

Prior to the roll call vote on Consent Agenda Item Nos. C-26 through C-30 the following discussion took place.

Mayor Cannon: I reiterate my concerns specifically with the Deputy Township Clerk receiving a 9% increase for an employee who has been here for about one and one-half years. This raise is retroactive to less than one year's employment. This sets a precedent for the township because we have been trying to be consistent as to how we award increases. This money is in addition to the 3.5% increase which the union settled at. I do not question performance, but think that with less than one year experience to give that increase is not consistent with what we have done in the township to try to keep salaries reasonable. I ask that you reconsider. When she receives her certification, she should be given a stipend as the others in the Clerk's office. We don't give stipends when you are working toward a degree or certification.

No. 279 Granting permission for the St. Ambrose Carnival - June 19 - 25, 2000.

RESOLUTION

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

WHEREAS, permission is hereby granted to St. Ambrose Church to hold their annual Carnival from June 19, 2000 through June 25, 2000; and

WHEREAS, the Township's portion of permit fees and related fees in the amount of $100.00 for the St. Ambrose Carnival to be held from June 19 through June 25 are hereby waived; and

WHEREAS, the Township Council cannot waive the State's portion of the fees and they shall be paid.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that permission is hereby granted for said Carnival contingent upon:

1. Submission of a Certificate of Liability Insurance in the amount of One Million Dollars ($1,000,000) naming the Township of Old Bridge as certificate holder.

2. All necessary permits to be obtained through the offices of Code Enforcement, Health Department, Fire Official and Police Department as least 48 hours in advance of said Carnival.

3. Said Carnival to be held in conformance with Township Rules and Regulations.

BE IT FURTHER RESOLVED by the Township Council that the State's portion of the fees shall be paid.

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

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

NAYS: None.

ABSTAIN: Councilmen Greene, Redmond, Councilwoman Marinaccio.

Liquor Licenses.

No. 280 Authorizing place to place transfer (expansion of premises) Pepperheads, Inc. License No. 129-33-021-005.

RESOLUTION

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

WHEREAS, an application has been filed for a place to place transfer (expansion of premises) of consumption license No. 1209-33-021-005, Pepperheads, Inc., for purposes of expanding the premises under license wherein the sale, service and storage of alcoholic beverages are authorized;

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.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge doe/s hereby approve effective May 22, 2000, the expansion of the aforesaid consumption license, Pepperheads, Inc., licensed premises located at 301 Rt. 35, Laurence Harbor, NJ (Old Bridge Township), to place under license the area delineated in the application form and the sketch of the licensed premises attached thereto.

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

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

NAYS: None.

ABSENT PODIUM: Councilwoman Marinaccio.

No. 281 Authorizing place to place transfer (expansion of premises) Glenwood Country Club, License No. 1209-33-017-001.

RESOLUTION

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

WHEREAS, an application has been filed for a place to place transfer (expansion of premises) of consumption license No. 1209-33-017-001, Glenwood Country Club, for purposes of expanding the premises under license wherein the sale, service and storage of alcoholic beverages is authorized;

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.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge does hereby approve effective May 22, 2000, the expansion of the aforesaid consumption license, Glenwood Country Club, licensed premises located at 1655 Highway 9, Old Bridge, NJ (Old Bridge Township), to place under license the area delineated in the application form and the sketch of the licensed premises attached thereto.

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

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

NAYS: Councilman Redmond.

ABSENT PODIUM: Councilwoman Marinaccio.

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

Councilman Redmond: Will alcohol be served only during charitable affairs?

Councilman Hoff: No.

Hearing.

H-1 Release/Reduction Performance Guarantee - Lowell Manor (formerly known as Greystone Village) (Engineering report re tree planting and fencing).

Mr. Iglesias: Council allowed me to have a meeting with the developer to qualify the issues of the trees which is the only problem left with this development. We had a field meeting on May 11, and the experts from the township and the developer checked the site. Today I received a letter from our tree expert indicating what must be rectified and an agreement was arrived at that approximately $5,000 of the cash portion should be kept to rectify the problems, and I agree.

President Maher: Do we have copies?

Mr. Iglesias: The last page did not arrive until late, but the first page indicates the agreement and what is wrong with it.

President Maher: You support the agreement?

Mr. Iglesias: My original agreement was to hold $30,000; there is $5,000 to be held back.

President Maher: What are we holding the $5,000 for?

Mr. Iglesias: Trees are to be planted at proper depths, and five trees in poor condition have an additional guarantee. There are 20% unanticipated factors. With respect to the future maintenance of the detention basins, I have received correspondence from one of the owners. There are several owners who have built fences encroaching on the township easement, making that easement inaccessible by the township. I passed that on to Mr. Ruggierio to determine what direction we should take.

Councilman Greene: I specifically asked you two weeks ago for a report from administration letting me know what was approved by this township relative to those fences that were built that are preventing . . . Not only is this an easement, it is an access easement which should be twenty-five feet, but is only the width of my body. I take this very seriously. I want to know if you have an answer for me.

Mr. Iglesias: That is what we are trying to establish with Mr. Ruggierio at this point.

Councilman Greene: I ask you again. Do you have an answer for me?

Mr. Iglesias: Yours is a legal question, and we need Mr. Ruggierio's response. I agree with you that the township has the right to use the easement.

Councilman Greene: I want to know if this township approved any permits for those fences.

President Maher: When the fences went up, were there permits issued?

Mr. Iglesias: I researched one lot. Written on the permit was that if the township needs the easement, the owner was aware that he had to remove the fence.

Councilman Greene: I don't accept that. That is putting us in a bad spot. If we need access, we have to negotiate with someone?

Mr. Iglesias: I am not negotiating with anyone.

President Maher: I have just been advised that this issue is not an issue with the developer, but with the township.

Attorney Ruggierio: With respect to the one lot where there has been some type of permit issued, apparently, there was a qualification in the permit documents that made it clear to the homeowner, that if the fence has to be moved, it was the responsibility of the homeowner. Whoever issued the permit under the circumstances felt that this was adequate protection. I am sure that the homeowner would be annoyed.

Councilman Greene: I find that unacceptable. We were given maps, and there are three easements on the property. I understand that this has nothing to do with the developer. There are three easements; two don't involve access. This to me is very serious. It is an access easement. It is there for township vehicles to access that area. I think this was absolutely wrong for anyone in this township to grant a permit for the placement of this fence with their own conditions.

Mr. Iglesias: I agree.

Mayor Cannon: We will change the policy.

Councilman Greene: I go crazy when you say "policy". This should be "no", period.

Mayor Cannon: I was not aware that there are exceptions to the rule. You are never to put a permanent or semi permanent structure in an easement. Why they received a permit, I don't know. There is a sign off sheet that there is a provision for. We will make sure that this does not happen again.

Councilman Greene: Is the legal department going to pursue this?

Attorney Ruggierio: To answer Mr. Maher's question, this appears to be a zoning officer and a code enforcement officer who signed off on this. It is ultimately Mr. Iglesias' responsibility, and I am sure that he has taken steps to see that this does not happen again. With respect to the encroachment, we can demand the removal, and it should happen. With respect to the other, there was a permit issued without any qualification.

Councilman Sohor: Are we at risk of losing our right to the easement through adverse possession?

Attorney Ruggierio: You cannot get adverse possession against a municipality because we are protected.

Mr. Iglesias: I have always felt that the easements as seen on maps have always been such that the property owner should be made aware that the easement is for the use of the township, and they install whatever they do at their own risk. I have a problem with someone buying a property today when there are attorneys present telling them the facts life and then they say they did not know about the purpose of the easement.

Mr. Shimanowitz: I have no objection to the recommendation of the engineer.

Mr. Kolowski (Emily Drive): Regarding the fence and the easement, my understanding of an easement is that this grants someone the right to do work of any nature, and if something is in the path of that, it can be removed and replaced in its original condition. Nothing of a permanent nature can be installed. With an easement that is twenty-five fee wide, one of the homeowners is going to be demanded to move their fence outside that twelve foot line. They will now lose twelve feet of their usable backyard putting a stress on their lives. It is not acceptable. That is a township easement for the drainage system from the road. That is also an access easement to the detention basin which the homeowner is going to have to maintain. According to the township ordinance, there is to be a durable load bearing road. There is none. If we had to bring heavy equipment to perform maintenance or repairs to that catch basis, where do we bring them in?

Mr. Iglesias: If the homeowners association wants the township to take over the detention basins, we would ask the homeowners association to construct this road. This issue was not raised during the planning board process. We are discussing the township taking over.

President Maher: If the association wants the township to take over the detention basin, they would have to construct a hard surface driveway.

Mr. Koslowski: It is the association's contention that we have a load bearing road from the developer. If the standard for the township from the association is set in stone in this ordinance, then why is that standard not applied to the association. We would have the same needs as the township, but we are not getting that same standard. Why is there a double standard?

Mr. Iglesias: I fully agree. The plans approved by the planning board did not call for such a surface. I must make sure that the plans as approved are followed. The cost would be approximately $10,000.

Councilman Cucchiara: You expect the homeowners association to pay for that?

Mr. Iglesias: Any homeowners association has the right to ask the township to take over a detention basin which must be acceptable to the township -- is it in good shape; is it accessible? I don't want to sound as if I am defending the developer, but the purpose of the hearing is to discuss the bonded items which have been completed. I know that we will be facing the issue of the detention basin, but that only affects the homeowners association.

Mr. Koslowski: If we decide to turn the basin over to the township, the homeowners will have a gravel road between their home which will deteriorate the value of their homes. I suggest obtaining an agreement with Salk School which has a paved parking lot up to the edge of the detention basin. That is the only way the landscaper has been able to mow the lawn. You have to side step to get to the basin, and there is no room for a lawn mower. The landscaper found his way through Salk School. To avoid further problems, obtaining a right of way or an easement with the Board of Ed would be the solution. If we have to turn the basin over to the township, it will cost the homeowners $32,000 for maintenance, and we are tacking on another $15,000 to construct this road deteriorating the value of the homes by putting a road in between them. This is unacceptable.

Councilwoman Marinaccio: If heavy equipment is used in Salk School, the school board will be required to repave the parking lost. Who will be responsible for the cost of this?

Mr. Koslowski: If the road is required, it should be there prior to the release.

Councilman Testino: We raised the standards for the turn over of the detention basin after this was approved at the planning board level.

Councilman Cucchiara: Can Rocky determine what he would have to do to maintain this?

Councilwoman Marinaccio: How did this escape anyone? Do we have something in place to be sure that we don't wind up in the same predicament?

Mr. Iglesias: It is my job to be sure that this does not happen. I was not the township engineer when this site was approved. The purpose of my office is to be certain that these things don't happen.

Councilwoman Marinaccio: I don't think that the onus should fall on the homeowners. This was a slip up.

President Maher: The developer's landscaper goes through Salk School. Is that a true statement?

Mr. Eckstein: I am not there when the grass is being cut, but can assume that is the only way he arrived there.

Councilwoman Marinaccio: Is that with permission?

Mr. Eckstein: Most likely, he is doing that on his own.

Councilwoman Marinaccio: That has happened in other areas, and the school board had to pay the price of having the heavy duty equipment using their property. This expense goes back to the taxpayer.

President Maher: Do you have a solution for this weight bearing road?

Mr. Shimanowitz: No, we are here for the bonded items only.

Mr. Iglesias: My office could probably pursue utilizing the school property and get back to the council.

Mr. Koslowski: There were drainage problems on Emily Drive.

Mr. Iglesias: That has been corrected.

Mr. Koslowski: With respect to the trees, may I see the agreement?

Mr. Iglesias: There was an agreement between the developer and the township. For that purpose we are keeping $5,000 in cash.

President Maher: Please let Mr. Koslowski review that agreement.

Mr. Koslowski: We were not notified through the mail of this hearing.

Mr. Shimanowitz: Council resolved to send one notice to the association.

President Maher: The notice was sent to the Lowell Manor Homeowners Association, PO Box 445, Old Bridge, NJ.

Mr. Koslowski: Our homeowners address is P.O. Box 142.

Mr. Shimanowitz: That is the address that we have on the certified list. It may not be accurate.

Attorney Ruggierio: There are two issues. The attorney is entitled to rely on the address received from the assessor's office. Perhaps we can identify the person who signed for this. This was signed by someone n