Old Bridge Township, New Jersey - July 10, 2000 Minutes

A combined meeting of the Township Council of the Township of Old Bridge was held on July 10, 2000 in the Municipal Complex. The meeting was called to order at 7:37 p.m. by President Maher who invited all to participate in a salute to the flag which was followed by a short prayer.

Township Clerk, Rose-Marie Saracino, announced that the meeting has 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 July 24, 2000 at 7:30 p.m.

Roll call by Clerk Saracino showed the following members answering present: Councilmen Butler, Greene, Hoff, Redmond, Sohor, Testino, President Maher. Councilman Cucchiara and Councilwoman Marinaccio arrived late.

No. 391 Approval of Minutes.

RESOLUTION

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

the following minutes are hereby approved:

5/08/00 - Regular
5/15/00 - Agenda
5/22/00 - Regular
6/13/00 - Executive
6/19/00 - Agenda

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

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

NAYS: None.

ABSENT: Councilwoman Marinaccio, Councilman Cucchiara.

No. 392 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 July 10, 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 July 10, 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 $$4,042,398.22 (Accounts Payable).

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

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

NAYS: None.

ABSTAIN: Councilman Cucchiara.

ABSENT: Councilwoman Marinaccio.

No. 393 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 July 10, 2000 lists 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 July 10, 2000 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 $628,269.85. (Payroll)

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

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

NAYS: Councilmen Hoff.

ABSENT: Councilwoman Marinaccio.

No. 394 Bill List. Denied

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 Councilman Cucchiara and so denied on the following roll call vote:

AYES: Councilmen Butler, Cucchiara, Redmond.

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

ABSENT: Councilwoman Marinaccio.

Report of the Clerk.

MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, CLERK

The following represents the collections I have made during the month of June 2000:

DOGS:
2865-2922 (2915 issued in July) $480.00
2913 replacement .50

CATS:
| 337-372 $258.00

LICENSE:

HOT DOG
Denney $50.00

ICE CREAM
| #193 Patrick O'Brien $25.00
#194 Marios' Ices $25.00

$100.00

LIQUOR LICENSE
Transfer Application (Madison Inn) $4.00

RENEWALS

Consumption
1209-33-011-007 JMG ASSOC (Xanadu Magoo's) $1,313.83
1209-33-010-008 J&I Spirits $1,313.83
1209-33-025-003 Sal Joper (Mickey McGuires) $1,313.83
1209-33-008-002 Vitale's Bar and Grill $1,313.83

Club License
1209-031-043-001 Old Bridge Columbian Club $124.41
1209-031-044-001 Old Bridge Lions $124.41
1209-031-040-001 Madison Park Fire House $124.41

$5,632.55

MAPS
3 Street Maps $15.00

SEARCH
16, 17, 18, 19-00 $40.00

MISCELLANEOUS:
Late Fees $108.00
Photocopies $27.25

Total: $6,661.30

Motion

to accept the Report of the Clerk moved by Councilman Butler, seconded by Councilman Cucchiara and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Marinaccio.

Report of the Attorney.

Attorney Ruggierio: I had a meeting with the Division of Alcohol Beverage Control concerning Birch Hill. I will speak on this when this item comes up on the agenda.

Motion

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

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

NAYS: None.

ABSENT: Councilwoman Marinaccio.

Preliminary Public Comment.

Assemblyman Thompson: Earlier in the year I met with Mayor Cannon and other individuals to discuss projects in Old Bridge for which we need state aid. I was able to get everything we wanted into the budget that was passed by the senate and the assembly. One item did not remain after the governor signed the budget.

Councilman Hoff has indicated that frequently the residents in Laurence Harbor feel that they have been neglected. This year was theirs in the state budget because we managed to get $100,000 for the Laurence Harbor Little League which will be utilized to renovate their refreshment stand at the field. Two restrooms, a meeting room, storage space, a balcony for announcing the games and various other sundry improvements. We have obtained $150,000 for renovation of the Laurence Harbor senior center for interior and exterior structural repairs, ADA restroom improvements, sheathing and site improvements. We received an additional $20,000 which will be utilized at the Laurence Harbor senior center to establish a senior "net" learning center similar to what currently exists at the senior center at town hall. Computers will be installed, and there will be instructors provided to teach the seniors in the use of the Internet.

The Madison Park fire company approached me about a problem with their parking lot which is used as a helipad landing site is in need of resurfacing. We received $15,000 for that purpose.

The police department hires a private contractor to change the bulbs in the traffic lights at a very high rate ($400 or $500 to change one light bulb). I have received $55,000 for the purchase of a lift truck thereby saving considerable money.

We were asked for $75,000 for the skate board park in Vets Park. Council elected to take this from bond money. We obtained $75,000 to install surveillance cameras at both Vets and Geick Park.

We obtained $35,000 to get elevated bleachers for the ice arena and to add summer recreational programs. We had in the budget $150,000 to do the repairs on the Cheesequake Village dam. Unfortunately, the governor chose to line item veto this. Apparently, there were quite a few requests for dam repair throughout the state. All were vetoed with the note that there is $10 million being set for dam repairs. We are pursuing a mechanism for this work.

Bill A 8562 contained $1 million for Old Bridge towards the acquisition of Cedar Ridge II. The other items added to $450,000.00.

Ms. Clavering: Expressed concern that in her opinion Old Bridge is exploited negatively in the press and on television. Encouraged coverage of the more positive events that take place in Old Bridge.

Mayor Cannon: Gene McLaughlin and I discussed the importance of Channel 70 because of the way the press portrays Old Bridge. A central New Jersey network is being put together as a vehicle to spread the good things that are happening in our community. This will be a cooperative effort with the access channels.

President Maher: We should look into creating the position of community relations coordinator. Perhaps we could assign this to someone.

Ms. Baumgartner: I represent School House Lane Residents' Coalition to address the environmental destruction that would occur if there is any development of the land adjacent to Cheesequake Park. A plan will be presented to the planning board for a twelve lot subdivision including ten homes, a detention basin and a small parcel of land to remain vacant. There are plans to drain a significant amount of water into a culvert and gully in Cheesequake Park from these lots. The gully feeds into a ravine which channels with ground water from the park on to park wetlands and into Cheesequake Marsh which feeds into Stumps Creek which drains into Cheesequake Creek which empties into the Raritan Bay at the north end of our town's beach front. A great deal of time, money and effort has been expended to successfully initiate a redevelopment project along the beach front. Creating a new source of off-site pollution is contrary to the best interests of everyone with the revitalization of our beach front. Any development of the land in question would require significant deforestation. As natural ground cover is removed, erosion of the land increases. It is likely that homes situated in this area would encounter settling problems which would become the financial responsibility of our town.

There are two avenues to explore to protect this environmentally sensitive land. One would be to rezone the two lots to conform to the park land zoned classification. This would mean that the land be designated ER in the new township master plan. The park is currently zoned PA5 (environmentally sensitive) by the state planning board. This translates to ER in our new master plan.

Another option is acquisition of the land. The DEP has expressed a strong desire to purchase and protect this land. The owners are not willing to cooperate with the state by refusing to sell and have quoted a greatly inflated asking price. We ask that you explore the possibility of obtaining a more realistic appraisal of this land based on the fact that the state is willing to assist in the purchase of this land at a fair market value and based on the fact that this land is not suited for development and is not highly valuable.

The School House Lane Residents' Coalition requests that the option of rezoning and/or acquisition of these lots be considered by the council and placed on the agenda soon. Preservation of open spaces has been a very hot topic in this town.

President Maher: Does the council have the power to rezone this area?

Attorney Ruggierio: The council has the power to zone which must be consistent with the master plan as developed and adopted by the planning board. There are other restraints on the council's ability to zone, e.g., it would not only be illegal, but potentially subject the township to liability if you took usable land and zoned it into "in utility" which is an inverse condemnation. In considering the zoning power that the council exercises, you are guided by the findings of the planning board.

Mr. Koehler: The planning board has worked on the various changes and modifications of the master plan which would reduce development potential within the town. I thank the council for giving the planning board the courtesy of allowing it to review the changes to the deck and to the tree preservation ordinance. We are trying to improve the prospective of the town and to reduce the workload of the zoning board.

I remind you that on Monday, July 31, there will be an open meeting of the planning board to review those changes being proposed to the land use ordinance many of which involve agricultural zones, changes in the zone types. This is an important meeting for the public. This meeting will be televised.

Seeing no further hands President Maher closed the public portion.

Hearing

H-1 Release/Reduction Performance Guarantee - Parks Edge - postponed indefinitely.

President Maher: Who did the attorney speak to?

Clerk Saracino: I believe our department. He needs to make a new application.

Motion

to require a new application and renotice in the matter of the release/reduction of the performance guarantee of Parks Edge made by President Maher, 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.

H-2 Liquor License - Birch Hill, Inc. t/a Birch Hill/Stingrays.

Attorney Ruggierio: We did meet with the two enforcement authorities in connection with the state charges against Birch Hill. We have before the Office of Administrative Law a proceeding relating to the fire district fines. Also pending are the various charges which we had attached to your documents at the last meeting relating to Mr. Stock's alleged hidden interest (not having the liquor in the right bottles, etc.). Those matters are also pending before the Office of Administrative Law.

The ABC has requested our considering dealing with the issues related to the drug charges if appropriate to proceed with that. They also asked us to meet with the state police and the county prosecutor's office so as to not compromise the prosecution of the people who had the drugs. I thought the council would agree to do that. I ask the council to carry this matter until after our meeting with the county prosecutor and the state police. We would like to prosecute this in September, but that is a guess on my part.

Councilman Greene: When we first discussed this (June 19), it was revealed that real estate taxes were owed on the property.

Attorney Ruggierio: This property is divided into several lots, two of which do owe taxes. We do not know if these are a part of the thirty acres which constitute the licensed premises. The license application indicates that the liquor licensed premises includes all buildings plus an adjacent thirty acres.

Councilman Greene: I would have to know that prior to voting on this. Much of what has transpired has come out after the meeting of June 19, but the major issue and the reason I voted against the license was that the fire fines have not been paid although Mr. Stock indicated one year ago that they would be paid. His attorney has tried to renegotiate to not only not pay within another year, but to stretch this out over a period of years.

What is the legal status with the payment/nonpayment of the fines?

Attorney Ruggierio: I don't believe that Mr. Stock, his representative or any representative of the corporation associated with this licensed premises ever indicated that they would voluntarily pay these fines. I assume you speak of our enforcement of these matters.

Councilman Greene: Last year there was an agreement that the fire fines would be paid by June 30, 2000, correct?

Attorney Ruggierio: No, last year Mr. Cucchiara brought to the council's attention the fact that there were outstanding fire fines on this property which is the site of the liquor license. There was a sentiment among the council to not renew the license based on the failure to have paid these fines. I gave the council some indication of the law regarding payment of taxes and that property taxes are not collectible in that way. You cannot condition the renewal of the license based on property taxes. There is an issue as to whether you can enforce these fire fines by withholding the liquor license. Knowing that, I told the council that I thought that the middle ground might be to say that on the renewal of June 30, 2000, that you would consider the non-renewal at that time if the fines were not paid. In the meanwhile I was able to review the bankruptcy documents and make judgments about whether these fines were or were not discharged in the bankruptcy proceedings. I was able to make contact with the fire district's attorney and coordinate my thinking with him. Even if we were to go to these administrative proceedings which are scheduled for August, and the administrative law judge tells us that we cannot collect the fines in this way (we have the option to appeal, and we probably would), there are other mechanisms that Mr. Braslow and I have identified for the collection of these fire district fines. That is our strategy.

In overlaying this situation, there was an application by someone who agreed to pay the outstanding taxes on the two lots. I suggested to the developer's attorney that this application not be permitted to go forward unless there be an agreement to pay the fire fines. We have gotten an agreement by this developer to pay the fire district fines on final approval of his plans. Mr. Braslow is negotiating the details with Mr. Heilbrunn, the developer's attorney. There are various approaches to enforcement.

Councilman Greene: If this was a resident of the township owing fines, the township would aggressively be pursuing them. I hope you do the same in this case.

Councilman Redmond: There was a question about the application at the zoning board. There were taxes owed, and the application was heard. Our ordinance does not read that the taxes have to be paid in order for an application to be deemed complete. Is there something that we need to do to change that?

Attorney Ruggierio: I don't know that I can answer that specific question without having the provision of the ordinance in front of us. I spoke to Mr. Hyland about this issue, and want to consult with Mr. Norman. Mr. Hyland feels that even with a specific provision in the ordinance (I have a feeling that it is there), that the zoning or planning boards could waive that requirement. If so, I will have serious discussions with Messrs. Hyland and Norman about what I perceive to be a strong disinclination on the part of the council to have that happen.

Councilman Testino: We would like to see the vote on that waiver also. Are you going to take an aggressive position to revoke this liquor license? If this resolves in August at the Office of Administrative Law, and we don't pursue the claims that we have been made aware of, what is left?

Attorney Ruggierio: There is the question of the drug (ecstasy) issues and whether or not they suffered at the licensed premises. This captured most of our discussion at the ABC.

Councilman Testino: What about the fact that this establishment is causing havoc in this township with respect to its activities and events whether alcohol is involved or not? There are unsavory events occurring at this location that are costing the township money with the patrolling of the police department and first aid requirements. Many persons were removed in the last raid and taken to the hospital. You suggested that the best way to go about addressing this liquor license was the strategy you laid out. Now you say that we are going to put this off until September, and the basis of what we could have alleged is being taken from us.

Attorney Ruggierio: I am sorry that I lead you to that impression. I did not mean to convey that at all. There are a number of potential charges, and I know that there are events coming up that have caused the Mayor and council to be concerned about their propriety and the image they project for the township. We cannot bring charges with respect to events that have not occurred. We don't know that they would violate the liquor control laws.

Councilman Testino: Isn't there a violation for an owner who does not come in and follow our ordinances for permits when there is a gathering of over 1500 people?

Attorney Ruggierio: We listed the failure to adhere to this "Grateful Dead" ordinance as one of the potential charges in the writings to you previously. This provision in the ordinance may not be generally enforced and under their interpretation there may not have been a violation of that ordinance because the bulk of the activities were held inside. I don't know if there has been an application for a permit for the forthcoming event. We intend to be aggressive in this matter, but because of the requirements of due process, we have to make a preliminary presentation to the council of proof and some of that proof cannot be assembled in a two week period. The ABC wishes to pursue its own charges, and prosecute them on a separate track.

Councilman Testino: Note my frustration with all liquor licenses in trying to enforce regulations or requirements as set forth by the township. If there is discretionary enforcement going on, I want to know about that. That would mean that our ordinances are ineffective and the law needs to be revisited.

Councilman Hoff: We should never have approved the license renewal. Each year we receive applications for renewal from good businessmen. Based on reports from the police department and our judgment, we have denied some, but in most cases approve the intention to remain in business. Denials have occurred because of continued calls to the police department or the existence of drugs on the site. We have been overturned by the ABC. To approve this license is the wrong place to be. We should deny the license, and let the owners appeal to the ABC who can overturn us whichever way we go. We don't belong giving this license a renewal based on the terrible publicity itemized by the ABC to us. We are not in the business of collecting fines, but we are in the business of making sure that a liquor establishment does not cause town problems. We know that there have been several police calls do to the rave party. We have the moral right and the duty to deny this application and let him fight with the ABC for the renewal of his license. We are making a grave mistake by trying to prosecute this license.

Councilman Cucchiara: The ABC will give a license if there are health or safety violations or property taxes outstanding. If sales taxes are not paid, the state will not renew a liquor license.

President Maher: Please restate what you want us to do with this license.

Attorney Ruggierio: I would like you to carry this until I tell you that we are ready to proceed with the prosecution of the case which I expect to be early September.

Councilman Hoff: Why don't we deny this license and let the ABC prosecute this?

Attorney Ruggierio: Pursuant to my advice, the renewal occurred because of the pending fire district fees which was the only thing we had against the license. This was pending before the Office of Administrative Law, and I thought this was bad practice to take a pending proceeding and tell the judge that he does not matter and that we are going to deny the license despite that. We did not have procedurally enough information to notice the applicant. We did notice the liquor license holder that we were going to proceed on these charges. There must be due process, and we have to put on a case. To address what Mr. Hoff has been saying, the ABC pursues certain types of charges, and it is up to us to pursue the other charges as the local issuing authority. If we feel they are serious enough, we have to put on the case appropriately. This cannot be done on a week's notice; otherwise, why bother? I would suggest setting this for the first week in September. We will endeavor to have our meeting with the county prosecutor as suggested by the ABC, and then I will advise the council. I will not let this slip until next year.

President Maher: The Clerk will look for a date, and we will vote on it.

Councilman Hoff: The attorney said that we did not have anything to deny the license on. Although we did not have the facts that are before us now, we did have a report from the Public Safety Department about the numerous officers who were sent to that place the week before. That should be evidence enough.

President Maher: The Clerk has informed me that there is a scheduled council meeting on September.

Motion

to reschedule the hearing on the Birch Hill liquor license to September 11, 2000 moved by Councilman Butler, seconded by President Maher and so ordered on the following roll call vote:

AYES: Councilmen Butler, Redmond, Sohor, President Maher.

NAYS: Councilmen Cucchiara, Greene, Hoff.

ABSTAIN: Councilman Testino, Councilwoman Marinaccio.

Consent Agenda.

C-1 Block Party - Cindy Street (between Hastings and Calvin Court) Saturday, July 22, 2000.

President Maher: I notice that there is no rain date for this event.

C-2 Block Party - Cheesequake Woods - Balmoral Avenue Saturday, August 26, 2000 (rain date August 27, 2000).

No Discussion

C-3 Car Show - Classic Knights/Cruise Night Denny's Restaurant Rt. 9 and Ferry Road Saturday evenings from 6:00 p.m. to 10:00 p.m.

No Discussion.

Discussion Resolutions

DR-1 Memorializing of Global Landfill Settlement.

No Discussion.

DR-2 Authorizing cancellation of property tax lien by way of foreclosure Block 19, Lot 478 Certificate No. 84018A.

No Discussion.

DR-3 Waiver of construction permit to install central air conditioning at the Cliffwood Beach firehouse in the amount of $95.00.

No Discussion.

DR-4 Award of professional service contract to Urbitran/Garmen for consulting services in the field of traffic engineering. (no cert required - paid from escrow).

Mayor Cannon: This had been put on the agenda a few weeks ago, but the council wanted to know if there were other proposals received. They wanted to see something in writing from Sam Rizzo. This is a unique service; there are not many companies that provide this type of service. The fees will be paid through the escrow funds.

President Maher: Did we follow the competitive guidelines for awarding professional service contracts?

Ms. Shepler: They responded to our solicitations.

President Maher: Did we follow the guidelines that the council established for awarding professional service contracts?

Ms. Shepler: They were reviewed by Mr. Rizzo, the professional planner, and that was his recommendation.

President Maher: Was there more than one bidder on this?

Mr. Rizzo: This was the only one to respond to our guidelines.

Ms. Shepler: We do a blanket advertisement each year for engineering and architectural services. All those who respond are sent on to both the engineering and planning departments. In this case Garmen Associates did respond to the engineering proposal, it was reviewed by Mr. Rizzo, and the recommendation was sent down by Mr. Rizzo's office. I don't know what others he reviewed.

Councilman Redmond: Do we have an hourly rate?

Ms. Shepler: The rate was attached to the original resolution we requested. This is not charged to the township; it comes from escrow.

Councilman Redmond: It is fair that we should know what we are paying for consultants. I don't want to leave a blank check.

Ms. Shepler: They have provided their schedule of fees based on the services provided - senior and junior engineer, paralegal, and others are outlined in their proposal. I apologize that the schedule was not attached to the resolution, but it will be on file in the Clerk's office. I believe that this information was in the original packet.

President Maher: Are we working against a deadline on this?

Councilman Testino: Can you require the developer to submit traffic surveys?

Mr. Rizzo: This company reviews the surveys. When an applicant submits an escrow fee, there is a certain amount of money that is provided to the professional. The professional is not allowed to go over that unless approved by the planning or zoning board. There is no blank check. The budget is set by ordinance.

Mr. Shah: Any bills that are charged to a developer's escrow are copied and given to the developer. Under the Land Use Law they are allowed to filed complaints if they are overcharged.

Councilman Testino: Just because this money is coming directly out of the township coffers does not mean that we are not the protectors of the public trust. This comes before us to be approved, and therefore, we have to provide our scrutiny to determine if we are getting the best price. What concerns us is why we did not get two bids. Why not call to find out other rates so that we have something to compare it to?

Mr. Rizzo: I don't know if there are any others qualified to do this job. I was told that there only two or three that do this kid of work. We recommend them because they can do the traffic and engineering and other work. Otherwise, we would have to get two consultants. An applicant must come before the planning or zoning board and submit a traffic study. The engineering department reviews the study. Garmen prepared a traffic model.

Councilman Testino: Shouldn't we have something to be comparable to?

Mayor Cannon: It is frustrating when the applicant brings forth these very sophisticated traffic studies, and the township is either in the position of saying that we agree or we don't. Having an expert in the larger applications that have a more definite impact serves the township in a better way than having the applicant have all the experts and we are just responding. I think it is very positive that we have this traffic model which allows us to have the numbers of what is happening now in town. When a new application comes forth, they project the impact and what necessary improvements are need. This goes together, and that is why we need this important piece. We want to emphasize that this is being paid indirectly by through the escrow fund by the developer, not the taxpayers.

President Maher: It is puzzling and disturbing that we have guidelines for professional services contracts without competitive bidding. You are telling us that this is he only firm to come forward.

Mayor Cannon: This is a unique service and we cannot use any expert that testifies on behalf of the developer.

DR-5 Authorizing township administrator to apply for Stop the Violence Against Women Formula Grant.

No Discussion.

DR-6 Requesting the primary election be moved to before the New Hampshire primary.

No Discussion.

DR-7 Inviting presidential candidates to Old Bridge.

President Maher: I see that we are only inviting the candidates from the major parties. Is there a reason why we are not including the Conservative or Independents? The resolution reads "Democrat and Republican".

Councilman Testino: If you think this will get us in trouble, we can invite everyone. The intent was to get them to come and speak at a public meeting.

President Maher: Mr. Ruggierio will amend this resolution to include all presidential candidates on the New Jersey ballot.

DR-8 Authorizing temporary budget appropriations for FY2001 - current budget and utilities in a total amount of $14,409,084.00.

Councilman Testino: Do we want to go to the full 25%, or do we want a check point?

Mr. Shah: This is 25% of the operating budget and 100% of the debt service. You have no choice on the debt service.

DR-9 Supporting amendment to NJ Constitution for an Internet registry for sex offenders.

Councilman Redmond: I received correspondence from Kyrillos on this bill. There will be a referendum on the ballot. This resolution affords us more protection for our children than presently allowed under Megan's law. It extends the powers of Megan's law. I think anything that helps keeping these sexual predators away from our communities is a good thing.

DR10 Authorizing extension of grace period for 2000 third quarter taxes.

President Maher: I see this is because of a delay on the part of Middlesex County. Do we have an exposure for not getting the receivables in time? If so, do we have recourse against the county.

Mr. Shah: We have no recourse against the county. It allows us to do an estimated tax bill for one quarter. This gives rights to the taxpayer to pay late. Our exposure is to the Board of Education, but I believe we will be able to sustain that. We will get money even though we are extending the grace period.

President Maher: This does affect our receivables. We have about $10,000 worth of administrative . . .

Mr. Shah We can choose to do an estimated tax bill for one quarter. I don't recommend this. This morning I called the county, and they will have a tax rate established by tomorrow. This resolution gives us the right to set that date.

President Maher: Do we have a liability? Is it costing us an out-of-pocket expense because of the Middlesex County delay?

Mr. Shah: Loss of interest.

President Maher: Can we recoup this from Middlesex County?

Mr. Shah: As far as I know, no.

President Maher: Do we have administrative costs? You mentioned $10,000.

Mr. Shah: I don't recommend council asking us to do an estimated tax bill for one quarter.

President Maher: I don't want this delay to cause our taxpayers one penny.

Mr. Shah: We will not be borrowing; we will use our own funds to pay certain costs to the Board of Education and a few others. If we had a financial difficulty, we would have to go out and borrow the money or do an estimated tax bill.

DR11 Amending subordination of mortgage of CDBG for Rogers/Szabados.

No Discussion.

DR12 Awarding Edward Schwartz, PhD., the sum of $5,000 for Year 2000 Project - Development of Social Contract for Community Involvement. TABLED

Motion

to table made by Councilman Testino, seconded by President Maher and so ordered on the following roll call vote:

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

NAYS: Councilmen Greene, Redmond, Sohor.

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

Councilman Redmond: What is this about?

Mayor Cannon: I have spoken about doing a program called Old Bridge 20/20 in which we formulate a consensus among residents of Old Bridge as to how we would like to see Old Bridge develop in the future. This is a version of that. We have gone to certain places to see what they have done and talked about bringing someone into Old Bridge, but it never worked out. I had asked Tom Badcock to do some research. This group from Philadelphia works with the constitution and works with the leadership of the community representing all segments of the community to prioritize what their concerns about the community are. A social contract is formed and a course of action is determine how to resolve problems. This individual has done this on numerous occasions. He is originally from New York; has a doctorate from Rutgers and has twenty years' experience working to get community consensus and community action groups together to move the community ahead. This has been done in many places throughout the county. This tries to bring everyone together to set common goals and objectives. Alayne, Tom and I have interviewed him; we are very impressed with his credentials and track record. His degree is in social work and government.

Councilman Redmond: The $5,000 is it?

Mayor Cannon: The $5,000 covers two group meetings plus communication during the interim period and after the goals and objectives have been set.

President Maher: What other New Jersey communities have used this service?

Mayor Cannon: He has not worked in New Jersey; he has worked in and around Philadelphia. He has consulted in various towns throughout the country.

President Maher: What specific towns and cities has he helped shape this vision?

Mr. Badcock: Philadelphia, Cincinnati and other major cities.

Councilman Cucchiara: Please explain what the $5,000 covers?

Mayor Cannon: This covers a workshop spending four or five hours with a group in a dialogue and putting together a program. It also includes a return visit in which he would meet with the same people discussing, analyzing and evaluating and putting together an action plan. Washington, D.C. and a number of communities have used this tool in different formats.

Councilman Cucchiara: Do we have to pay his transportation, etc.?

Mayor Cannon: We pay for his train ticket from Philadelphia.

President Maher: This will be concerned citizens in the community developing a social contract and a follow up visit to the township to present the social contract. I would like to see a resume for this individual. I feel that $5,000 for leading two focus groups is expensive.

Mayor Cannon: Other groups that we have contracted were quite a bit more expensive for a similar program. This is a reasonable amount. I will give you his background and his website.

Councilman Hoff: This might be a worthwhile adventure. Why pick someone who has worked in Philadelphia? We are not a city and don't have the same kind of problems.

Mayor Cannon: It does not matter what kind of community you are in. In many respects the size of the community does not matter. The aspects are the same - the schools, economic development.

Councilman Hoff: I wonder if his experience has been in the big cities, is he able to work in this suburban community.

Mayor Cannon: He works with individual neighborhoods within the cities.

President Maher: Have we contacted the League of Municipalities? In the League magazine I read that Cape May or one of the other towns along the lower Delaware River did this recently.

Mayor Cannon: What you read was more of a survey. This is a coming together of the leadership of the community and drawing upon their expertise and their membership to identify key concerns and work from there.

Councilman Testino: Do we have a line item set aside for this?

Mr. Shah: This comes out of FY 2001.

Councilman Testino: We are committing money not budgeted for yet. I suggest awaiting the introduction of the budget and wait for the other information. I remember committing to this 20/20 program, but could not contract with the individual for various reasons. We could not design the program to work for Old Bridge.

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

Mr. Badcock: The website address is: libertynet.org (the Institute for the Study of Civic Values).

DR13 Authorizing modification of tower lease, Block 10,000, Lot 1 between Old Bridge Township and Crown Atlantic Company, LLC.

No. Discussion

Public comment limited to items listed on the Consent Agenda.

Mr. Seewald: I am happy that you are inviting the candidates for the Office of the President. Whether they come or not, the resolution speaks for itself.

Mr. Koehler: I want to speak in support of the award of the professional service contract to Garmen Associates. They have been working with the municipality on the traffic study. I understand Mr. Redmond's concern that reasonable rates have to apply regardless of who is providing the financing. I have spoken to Mr. Rizzo and, while the rate schedule is not before us, he has advised me that the schedule is reasonable. Tomorrow night we have an application for over 2500 dwelling units, and there has been a recommendation to have traffic studies reviewed. This is an important issue, and we urge your support.

Mr. Cutrone: I support the resolution you have for the sex offenders. Please explain more about it for me.

Councilman Redmond: This is an amendment to New Jersey's Constitution which will allow the sex offenders who are covered under Megan's Law the notification. It will allow the law enforcement people to put it on the Internet so that more people would have access to it. If you were thinking about buying a house in Old Bridge, you could check the Internet. We should actively lobby for this in November.

Mr. Cutrone: If we suspect that someone in our neighborhood is a sex offender, how do we go about finding out?

Councilman Redmond: There are certain degrees of offenders. Depending on what category he or she falls into under this law, determines who gets notified. In some cases only the school officials and the police get notified. With a more severe offender, the residents within a certain area of the community get notified by the police department. There are less predatorial types wherein only the schools are notified.

Councilman Testino: You can write to the prosecutor's office if you are a member of a group who supervises children.

Seeing no further hands President Maher closed the public portion.

Consent Agenda.

No. 395 Granting permission for a block party - Cindy Street July 22, 2000.

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 Cindy Street at the intersection of Hastings Road and Calvin Court for the purpose of a block party to be held on July 22, 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 Cindy Street be completely closed to vehicular traffic from the intersection of Hastings Road and Calvin Court. 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 Councilman Testino, seconded by Councilman Hoff 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. 396 Granting permission for a block party - Balmoral Avenue - August 26, 2000.

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 Balmoral Avenue at the intersection of Woodsend Drive and Hallendale Drive for the purpose of a block party to be held on August 27, 2000.

It is a requirement of this approval that Balmoral Avenue be completely closed to vehicular traffic from the intersection of Woodsend Drive and Hallendale Drive. 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 Councilman Testino, seconded by Councilman Hoff 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. 397 Granting permission for a car show - Classic Knights/Cruise Night at Denny's Rt. 9 and Ferry Road Saturday evenings during July, August, September and October.

RESOLUTION

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

WHEREAS, an application was received at the Township Clerk's office for the non-profit organization, Classic Knights, to hold a Car Show at Denny's Restaurant every Saturday evening from 6:00 p.m. to 10:00 p.m. during the months of July, August, September and October; and

WHEREAS, approvals have been received from the Fire, Public Safety and Code Enforcement Departments, a site plan has been submitted and all insurance requirements were met.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey does hereby grant permission for the

Classic Knights to hold a car show at Denny's Restaurant from 6:00 p.m. to 10:00 p.m. every Saturday evening during the months of July, August, September and October.

Moved by Councilman Testino, seconded by Councilman Hoff 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. 398 Memorializing Global Landfill settlement.

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 is a defendant in certain environmental litigation pending in the U.S. District Court for the District of New Jersey (Global Landfill vs. 280 Development Corp., et al.); and

WHEREAS, the Township Council has accepted the terms of the settlement described by the Director of Law in executive session and such terms have been memorialized in a written settlement agreement.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the conditions of settlement accepted by the Township Council are hereby memorialized in the written settlement agreement and the Mayor, Director of Law, and Township Clerk are hereby authorized to execute said agreement to effectuate the terms contained therein.

Moved by Councilman Testino, seconded by Councilman Hoff 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. 399 Authorizing cancellation of property tax lien by way of foreclosure Block 19, Lot 478 Certificate No. 84018A.

RESOLUTION

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

WHEREAS, the Tax Collector assigned Tax Sale Certificate No. 84018A to First Fidelity Bank, NA, Custodian, for a delinquent property tax balance on Block 19, Lot 478; and

WHEREAS, it has been found that subsequents for said lien have previously been paid directly to the Township of Old Bridge, Division of Tax Collection, in past years; and

WHEREAS, title to the property has been transferred to First Fidelity Bank, NA, Custodian, by way of foreclosure.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Tax Collector be hereby authorized to cancel Tax Sale Certificate

No. 84018A, all subsequently accruing taxes, and any related interest or penalties from record and have such cancellation recorded at the Middlesex County Clerk's office.

Moved by Councilman Testino, seconded by Councilman Hoff 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. 400 Authorizing waiver of construction permit fee in the amount of $95.00 for central air conditioning at the Cliffwood Beach Firehouse.

RESOLUTION

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

the Township's portion of construction permit fees for the installation of central air conditioning at the Cliffwood Beach Firehouse in the amount of $95.00 are hereby waived.

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

Moved by Councilman Testino, seconded by Councilman Hoff 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. 401 Awarding professional services contract to Urbitran/Garmen for consulting services for traffic engineering.

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 a consultant for purposes of large-scale traffic engineering consultation; and

WHEREAS, Urbitran/Garmen Associates, is a licensed New Jersey firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with Urbitran/Garmen.

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 Township of Old Bridge is hereby authorized to enter into a professional services contract with Urbitran/Garmen Associates, in accordance with the general terms and conditions set forth in the proposal. The actual terms and conditions of the contract shall be in a form approved by the Township Attorney.

2. The services of Urbitran/Garmen Associates will be paid from development escrow accounts and a Certification of Availability of funds is not necessary.

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 the Township Clerk.

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

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

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

BE IT FURTHER RESOLVED that a true copy of this Resolution shall be deposited with the following Township offices: the Department of Administration and the Department of Planning.

Moved by Councilman Testino, seconded by Councilman Hoff 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. 402 Authorizing township administrator to apply for Stop the Violence Against Women Formula Grant.

RESOLUTION

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

the township administration is authorized to apply for a Stop the Violence Against Women Grant in the amount of $5,000.00

NOW, THEREFORE, BE IT RESOLVED that Captain Jeffrey Robbins is authorized to assist the Township Administration in connection with the grant application process and provide such additional support and information as may be required.

Moved by Councilman Testino, seconded by Councilman Hoff 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. 403 Requesting future primary elections to be moved to before the New Hampshire primary.

RESOLUTION

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

the township administration is authorized to apply for a Stop the Violence Against Women Grant in the amount of $5,000.00

Moved by Councilman Testino, seconded by Councilman Hoff 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. 404 Inviting all presidential candidates to Old Bridge.

RESOLUTION

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

an invitation be extended to the all Presidential candidates appearing on the ballot in November to visit the Township of Old Bridge; and

BE IT FURTHER RESOLVED that a copy of this Resolution should be forwarded to Vice President Al Gore, Governor George Bush, Jr., Alan Keyes, Lyndon H. LaRouche, Jr., Ralph Nader, James Harris and Governor Christine Todd Whitman, Senator Joseph M. Kyrillos, Jr., Assemblyman Samuel D. Thompson and Assemblyman Joseph Azzolina.

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

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

NAYS: None.

ABSENT FROM PODIUM: Councilwoman Marinaccio.

No. 405 Authorizing temporary budget appropriations for Fiscal Year 2001 - current budget and utilities for a total amount of $14,409,084.00.

RESOLUTION

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

WHEREAS, the Local Budget Act, NJSA 40A:4-19, provides that temporary appropriations should be made for the purposes and amounts required in the manner and time therein provided; and

WHEREAS, the July 1, 2000 effective date of this resolution is within the first thirty days of July, 2000; and

WHEREAS, the temporary budget set forth below in the amount of $14,409,084.00 does not in amount exceed twenty six twenty five of one hundredth percent of the total appropriations in the 2000 fiscal year budget (exclusive of the appropriation made for debt service and public assistance); and

WHEREAS, the total temporary budget for SFY 2001 including public assistance is $14,409,084.00.

NOW, THEREFORE, BE IT RESOLVED that the following temporary appropriation be made and a certified copy of this resolution be transmitted to the Chief Financial Officer for his records.

Temporary Budget Calculation - Current Fund (Excluding Debt Service)

NJSA 40A:4-19

Total 2000 Fiscal Year Appropriations $40,658,468.00

(Excluding Reserve for Uncollected Taxes)

Deferred Charges (31,181.00)

Debt Service (5,887,687.00)

Capital Improvement (612,048.00)

Public Assistance (37,529.00)

Grants (831,006.00)

Reserve for Uncollected Taxes (3,410,064.00)

Total (10,809,515.00)

Amount Subject to Percentage Limit 29,848,953.00

Twenty Six Twenty Five of One Hundredth Percent (26.25%) 7,835,350.16

Safe & Secure Grant 5,027.00

Debt Service 6,072,165.00

MCIA 1,975.00

Capital Improvement 150,000.00

Total General Appropriation 14,064,517.00

Arena Utility 332,229.00

Parking Utility 12,338.00

Total 2001 Temporary Budget Appropriations $14,409,084.00

Moved by Councilman Testino, seconded by Councilman Hoff 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. 406 Supporting amendment to the NJ Constitution for an Internet Registry for Sex Offenders.

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 amendment of the New Jersey Constitution which proposes an amendment that establishes that the State make available to the general public certain information identifying sex offenders; and

WHEREAS, the Township Council has been provided with a copy of the proposed amendment to the Constitution; 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 amendment to the New Jersey Constitution that the State make available to the general public certain information identifying sex offenders.

BE IT FURTHER RESOLVED that duly authenticated copies of this resolution shall be transmitted to the Governor of the State of New Jersey; the Senate President, Majority and Minority Leaders; the Majority and Minority Leaders of the New Jersey General Assembly; and Senator Joseph M. Kyrillos, Jr. and Assembly persons Joseph Azzolina, Sam Thompson, Joel Weingarten and James W. Holzapfel.

BE IT FURTHER RESOLVED that a true copy of this resolution shall be deposited with the following township offices: Office of the Mayor.

Moved by Councilman Testino, seconded by Councilman Hoff 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. 407 Authorizing extension of grace period for 2000 third quarter taxes.

RESOLUTION

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

WHEREAS, the Middlesex County Board of Taxation is having a difficulty verifying the county equalization table and the abstract of ratables with Vital Computer's MOD IV system; and

WHEREAS, the situation has caused a delay in the certification of the tax rates by the Middlesex County Board of Taxation; and

WHEREAS, due to these circumstances the year 2000 third and fourth quarter bills will not be mailed until on or about July 25, 2000; and

WHEREAS, NJSA 54:4-66 requires an extension of the grace period to the 25th day following the mailing date of the bills.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the grace period payment date for the third quarter installment of taxes for the year 2000 is hereby set at 25 days following the mailing of the tax bills, with interest payable immediately following the date. Said interest shall be calculated retroactive to August 1, 2000.

Moved by Councilman Testino, seconded by Councilman Hoff 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. 408 Amending subordination of mortgage of CDBG for Rogers/Szabados.

RESOLUTION

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

WHEREAS, the Township Council recently subordinated a Community Development Block Grant (CDBG) mortgage for Donna Lynn Rogers and Elizabeth Ann Szabados for premises known as 263 Garfield Avenue in the Township of Old Bridge; and

WHEREAS, the amount of that the CDBG mortgage was subordinated by was incorrect.

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

1. The mortgage in favor of the Township of Old Bridge is in the amount of $13,425.50. The Township Council agrees to subordinate $10,000.00 of the existing CDBG grant. The balance of $3,425.50 needs to be paid. The CDBG mortgage may be subordinated by an additional $70,000 (new mortgage) on the property located at 263 Garfield Avenue, Township of Old Bridge, Block 263.11, Lot 55, assessed to Donna Lynn Rogers and Elizabeth Ann Szabados.

2. The Mayor and Township Clerk are hereby authorized to execute all such documents necessary to give effect to this subordination.

3. Any documents required to effectuate the terms of this authorization shall be approved by the Township Attorney.

Moved by Councilman Testino, seconded by Councilman Hoff 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. 409 Authorizing modification of tower lease - Block 10,000, Lot 1 lease between Old Bridge Township and Crown Atlantic Company, L.L.C.

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 entered into a lease in 1997 with New York SMSA Limited Partnership; and

WHEREAS, the said lease was sold and assigned (with proper notice to Old Bridge) to Crown Atlantic Company, L.L.C.; and

WHEREAS, the original lease limited the right of any lessee's/sublessee's antennae to a height of 120 feet average ground level (AGL); and

WHEREAS, such limitation was wholly for the interest of Old Bridge Township but the purpose for which such limitations were originally required have been unnecessary.

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 lease between Old Bridge Township and Crown Atlantic Company, L.L.C.

(Entered in 1997) be and hereby is amended to provide that antennas on the Township Tower located at Block 10,000, Lot 1, Old Bridge Township, may be placed at 150 feet AGL, but no higher.

2. The Mayor and Clerk are authorized to execute any and all documents necessary to effectuate the provisions of this Resolution.

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

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

NAYS: None

Ordinance for Second Reading.

Ordinance No. 27-00

Amending Cable Franchise Renewal

(Becomes Ordinance for First Reading based on the following recommended changes.)

Vice President Butler: Have we had any discussions or meetings with the cable people?

Attorney Ruggierio: We have received from the Office of Cable Television a June 28, 2000 letter approving our ordinance with the exception of three changes that were suggested. I asked the council to entertain these three changes. The first is Section 12 of our agreement; the language as required by the Office of Cable Television is standard that it be 2% franchise fee on the expanded basic rate. We had extra language that tried to be sure that the cable company could not modify the additional monies they were paying.

Section 2. Designation of a complaint officer - is a change of a site from NJAC 14:17-7.1 to NJAC 14:17-6.5. That is a number change.

They suggest omitting the language concerning the effective date being from the issuance of the certificate of renewal and leave our standard language about the ordinance becoming effective in the normal way.

I ask the council to entertain these amendments. We will send this to the Office of Cable Television and finally adopt the final ordinance.

Councilman Butler: You are not asking us to adopt this tonight, but to make changes so that we can send them back?

Attorney Ruggierio: So they can be advertised and we can send it back to the Office of Cable Television.

Councilman Butler: Anyone have any problems with Mr. Ruggierio's recommendation?

Councilman Redmond: Have we heard from Cablevision as to any objections as to th