Old Bridge Township, New Jersey - August 28, 2000 Minutes

A combined meeting of the Township Council of the Township of Old Bridge was held on August 28, 2000 in the Municipal Complex. The meeting was called to order at 7:35 p.m. by Vice President Butler who invited all to participate in a salute to the flag followed by a short prayer.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next meeting of the Township Council will be held on September 5, 2000 at 8:00 p.m.

Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Cucchiara, Greene, Hoff, Redmond, Testino, Vice President Butler. Councilman Sohor arrived at 7:38 p.m. President Maher arrived at 7:44 p.m. Councilwoman Marinaccio was absent.

No. 453 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 August 28, 2000 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of August 28, 2000 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $15,258,273.02 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilman Sohor, Councilwoman Marinaccio, President Maher.

No. 454 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 Vice President Butler, seconded by Councilman Cucchiara and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Marinaccio, President Maher.

No. 455 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 Vice President Butler, seconded by Councilman Redmond and so denied on the following roll call vote:

AYES: Councilmen Cucchiara, Redmond, Vice President Butler.

NAYS: Councilmen Greene, Hoff, Sohor, Testino.

ABSENT: Councilwoman Marinaccio, President Maher.

No. 456 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 Vice President Butler, seconded by Councilman Cucchiara and so ordered on the following roll call vote:

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

NAYS: Councilman Testino.

ABSENT: Councilwoman Marinaccio, President Maher.

Report of the Attorney.

Attorney Ruggierio: We are holding condemnation commissioner hearings with respect to the Rt. 516 acquisition. We have received a trial date in the Brunetti acquisitions. The Oakwood case is attracting a lot of attention at the planning board level. Judge Derman has been moved to a different section of the court system, and we will have a new judge. The case is scheduled for September 12. We are working on the environmental case on which I reported the last time.

Motion

to accept the Report of the Attorney made by Councilman Testino, seconded by Councilman Sohor 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.

Hearing.

1. Release/Reduction of Performance Guarantee - Ticetown Hills (carry to 10/2/00)

Mr. Heilbrunn: The matter of Ticetown Hills is not ready for hearing this evening. I request that this be carried to the meeting of October 2, 2000 with a renotice and republication.

Motion

to carry the matter of the release/reduction of Ticetown Hills (with notice) to October 2, 2000 made by Councilman Redmond, seconded by Councilman Testino 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.

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

President Maher: Mr. Heilbrunn, are you aware that our professionals have recommended releasing no money?

Mr. Heilbrunn: I do, and it is for that reason that I am requesting the postponement.

2. Release/Reduction Performance Guarantee East Coast Storage.

Mr. Heilbrunn: Your engineering department has recommended the release of the performance guarantee subject to posting of a maintenance bond. This is acceptable to the applicant.

Mr. Iglesias: That is exactly what I recommend.

Motion

to release the performance guarantee of East Coast Storage subject to the posting of a maintenance bond made by Councilman Redmond, 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: Councilwoman Marinaccio.

Prior to the roll call vote President Maher opened a public portion. Seeing no hands President Maher closed the public portion.

3. Release/Reduction Performance Guarantee Huntington Hollow (carry to 10/2/00)

Motion

to postpone the hearing on the release/reduction performance guarantee of Huntington Hollow (with notice) to October 2, 2000 moved by Councilman Testino, 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: Councilwoman Marinaccio.

Prior to the roll call vote President Maher opened a public portion. Seeing no hands President Maher closed the public portion.

Preliminary Public Comments.

Mr. Dehm: Addressed the administration and township council with respect to the road conditions on Norwood Avenue in Laurence Harbor.

Mayor Cannon: I will ask Mr. Donatelli to evaluate this area.

President Maher: I want a report on the action plan to be taken to this area.

Councilman Hoff: This case involves a faulty pipe installation and a water main break which cause extreme flooding. There is inadequate drainage, which I have brought to the attention of Mr. Donatelli. I am sure this will be corrected.

Assemblyman Thompson: Governor Whitman has committed $75,000 for the repair of the Cheesequake Dam. The Department of Community Affairs has confirmed the availability of this money. I have been advised that the council plans to use a portion of this money to hire engineers to study this area, and there have been several comments that once this is done, less expensive alternatives may be considered to decrease the money needed. I am researching the conclusion of the DEP that the residents of Cheesequake Village and several other property owners should be responsible for the dam repair. There are others whose deeds indicate they own a portion of the lake. I may have to have regulations or statutes modified so that everyone will share the responsibility.

The Governor will be signing legislation which I sponsored containing $1 million for Cedar Ridge II.

Mr. Tanala: I understand that Mr. Hoff proposed that funds be allotted to Cheesequake Village to supplement the $75,000 and that this was tabled to have the attorney research this.

Attorney Ruggierio: The issue was based upon valid assumptions that the property upon which the dam is situated is private land. The question would be whether or not the township could donate money to the restoration or repair of this dam. It was my opinion that this would not be permitted, legal or constitutional. Many times I am called upon to look at the question from the other side. What would be the arguments in favor of someone saying that this private property should be improved with public funds? We relied on the arguments that had been made by the attorney for the Cheesequake Village Association and also by the engineer working with the attorney.

The argument being made was that this area served as a regional collection point for water collected from places other than Cheesequake Village. I accepted this as being true based on the fact that this is a natural stream before being dammed up and the fact that the engineer for the Association said that this was true. Water is collected in streams all over the state in low points called "ponds, lakes, streams" etc., and nothing about that process is unusual because we all know rain water falls and finds its way into a large body of water and flows towards the ocean (or in this case, the bay). There was no greater quantity of water that would ever flow to this area by virtue of the development of the upland parcels. We have learned that when you put an impervious surface on areas that are upland from this, the water flows quicker from the stream, but there is no greater quantity of water. The argument that this serves as a regional detention basin is a fallacious argument for basing the argument that this is a public purpose - the expenditure of these monies. I see no other public purpose that would be involved in this and not legal for the township to expend money in connection with this purpose.

Mr. Tanala: Legal action against the township is being contemplated. There are forty-two properties with township approved storm drains flowing into Logan's Lake as a detention basin. The residents of Cheesequake Village hope that discretionary funds can be found to supplement the $75,000 from the state.

Councilman Hoff: There is no benefit to the citizens of Old Bridge to destroy the dam. If we don't take action to correct this, we are facing legal action which would cost more than doing the work on the dam. After Cheesequake Village was built, this township allowed the homes in Barclay Square to tie into the Logan's Lake area.

Mr. Tanala: Barclay Square storm drains do not lead into Logan's Lake.

Mr. Hoff: Their streets run into it.

Mr. Tanala: They run into the sewer system. There are forty-two properties whose storm drains were approved to drain into Lake Logan.

Mr. Hoff: That was after Cheesequake Village was built. It seems that this should be a township project. Attorney's fees would exceed the cost of repairing the dam.

Attorney Ruggierio: Your argument works in connection with the expenditures made for legal fees. The argument that the Cheesequake Village Association should be relieved of kicking into the cost of improving their own property is not a valid one. The idea that they would expend money for lawyers as opposed to putting that money to good use to address the problem is questionable.

Mr. Tanala: There have been precedents where the township did have to pay. Two of the four engineer consultants have strong feelings about this.

Attorney Ruggierio: You have no greater quantity of water going into that water course than you would have if the forty-two properties had never been developed. The speed at which the water flows to the "tributary" is that much faster because of the fact that roads and impervious surfaces have been installed. There is no greater quantity of water. We have a requirement in our land development ordinances and through engineering principles that the amount of water existing before development has to be the same amount of speed of flow after development. The reason for doing this is to prevent flooding, etc. I don't think that your engineers can tell you that there is any greater quantity of water in those streams than there would have been if there had never been those forty-two homes developed. You have the same amount of water. If the dam were not there, you would not have a lake.

Councilman Hoff: You cite the law, but I cannot believe it to be true.

Attorney Ruggierio: I think that you gave me a mission to tell you what the law is, and to the extent that this expenditure might be justified to come up with a mechanism by which it could be justified, but the difference in the example of what you are asking about is this. In this case this is a piece of private property which the public has no legal access to. It does abut anyone's property except the single home development. The difference is with respect to the leasing of this land for the construction of a economic ratable in this town, this is a lease with an obligation of repayment. The state has loans to repair dams in general; this would be a public purpose. All dams qualifying would be eligible.

Mr. Tanala: We are in the smallest group of dams, and we have been told that our chances of getting a low-interest loan to repair the dam is nil.

Attorney Ruggierio: We had discussions prior to the memo being generated about different arguments to make this a lawful expense. This is my best judgment.

Councilman Redmond: I climbed down this dam for a reason. I wanted to see how it worked. I am not unfamiliar with construction. I put together bid specs with engineers. Nelson will agree that this is a simplified dam. It is a box in the ground, and when the water reaches a certain level, it overflows into the box and flows through a pipe down to a stream down below it. It think that the construction is being complicated by the engineering. One firm wanted $60,000 to do the engineering. I would be surprised if the actual repair were $100,000. There is concrete work and a pipe has to be replaced. Nelson is of the opinion that the dam should be repaired rather than decommissioned. It is a beautiful lake. I don't know how the repairs could be funded. It is not that big of a deal. This seems like a simple procedure to repair this.

Mr. Iglesias: This is not a regional detention basin. The rate of flow is of importance. Detention basins delay the runoff so as to not overwhelm the existing systems. Forty subdivisions connect into this stream via detention basins. If they were not there, the same water would flow into this stream. Because of lack of maintenance water has eroded the basin so that the water is flowing right through. The box needs to be reconstructed. If this costs $25,000, that is too much.

Mr. Tanala: To repair the dam according to DEP specs there must be two side retaining walls leading the water into the dam. There must be an escape hatch in the event the water has to be let out of the lake. There must be an engineering analysis of core samples of the land to determine how sturdy the land is. That is expensive.

President Maher: We will use the $75,000 for the professional engineers who will decide whether to have the dam decommissioned or repair it. They need to find out what the guidelines and specifications of repairing the dam. If that is cost prohibitive . . . .We need to know what the life span of the dam is.

Mr. Tanala: If the dam is to be repaired, it must be maintained.

President Maher: Does the Association want to be responsible for the "recurring" charges?

Mr. Tanala: Mr. Ruggierio has stated that this has no public purpose; would the council vote to decommission? We have spoken to four engineering consultants, our engineer and the park superintendent who all feel that the dam should be decommissioned. Most of the council members who have the dam feel the same way.

President Maher: The Cheesequake State Park rangers have said that there would be no negative impact if the dam were decommissioned.

Councilman Hoff: I thought the DEP would not allow the decommissioning.

Mr. Tanala: If decommissioned, it must be reviewed by DEP.

President Maher: Give your attorney's and engineer's report to Mr. Ruggierio. I ask Mr. Ruggierio to speak to the engineer and attorney. We will revisit this next month.

Councilman Sohor: You cited the constitution wherein the state or any municipal corporation can use any funds for the benefit for the society, association or corporation. According to this, it appears that the state cannot provide funds, but the state has found a mechanism to give us those funds.

Mr. Tanala: This money comes from the governor's discretionary funds.

Assemblyman Thompson: We did pass legislation with $150,000, and while the governor line item vetoed it, she did so not because it was illegal, but because there was $10 million for dam repairs elsewhere. The state has funded the repair of private dams.

Councilman Sohor: Would an advisory opinion from the attorney general's office be possible. If they can justify the state expenditure, they could give us advice we could relay on saying that it is legal for these reasons for the state to make a contribution. The municipality could make a contribution to match that for the same legal reason. I don't want to do anything that we would be legally liable for. Advice from the attorney general that this is legal would clear up a lot of questions and we could get to appropriating the money.

Councilman Testino: Maybe we should not ask them on this issue. Sam's word is good enough for me!

Councilman Sohor: If I were in the association's position, I would be leery of accepting funding that could be challenged. If the $75,000 is tainted, it could be much more expensive. I understand the association's problems.

President Maher: Sam, please take this as an action item. Please take a copy of Mr. Ruggierio's report to Mr. Farmer.

Councilman Greene: It is unfortunate that the DEP, engineers and even Barclay Square is pointing the finger at Cheesequake Village who only has the small area where the dam happens to be located. Cheesequake Village owns 37.5%; there should be other entities who share the responsibility for this. A resident of Barclay Square instigated this by pointing a finger by indicating that he wanted to use the lake and that Cheesequake Village had to repair it. I don't buy the theory when you say that the water is the same now than it would have been before the developments. You can give me quantity of water, rate of flow, and I'll give you grade. Grade is important as to where the water goes. When you build a house or a development, you can accidentally or purposely change the grade to force water to go into another direction. I think there is more water going into that area because of the development.

Assemblyman Thompson: If you make the land impervious, it will not absorb water.

Councilman Butler: The governor has a discretionary fund and wants to give us $75,000. That is legal. I visited the site, and there is a lot to be done and time a final decision is made. As to the decommissioning, I am sure that there has to be a study to determine what the effect will be. We have been involved in lawsuits for a long time. If you have a chance to resolve a problem, why spend extra money in court? There has to be a meeting of the minds, and we have to make an intelligent decision for the taxpayers.

Councilman Hoff: The mark of a good lawyer is one who can rule either side of the question. I ask our attorney to research how we can get the money to do this repair.

President Maher: We will discuss this again on October 23.

Mayor Cannon: The priorities of the DEP may be askew. Once the engineer presents a design, the township should lobby with the DEP to try to do what is necessary to take care of the situation. This dam has been in disrepair for two years, and has not caused any environmental or health problem. A builder in Sayreville has caused great problems, and the DEP is just now responding to that.

Councilman Testino: When the engineering is done, perhaps we could apply to the federal government for the coastal money which the harbor master has control over. Cheesequake may have to donate some of their land. There are grants and funds which could be applied for if they intend to capture the natural serenity of the land. If this is decommissioned, that would be something that we could help with.

Public Comments Limited to items on the Consent Agenda. Seeing no hands President Maher closed this portion.

Discussion Resolution

DR-1 Memorialize motion on resolution of selling O&Y property back to Middlesex County.

Councilman Cucchiara: I thought that the deed read that this property would be left for open space. I don't see that in the resolution.

Councilman Redmond: We have been assured that this is part of the open space preserve. The county has indicated that this is what they will do.

Councilman Cucchiara: Reads the resolution.

Attorney Ruggierio: There is a more recent resolution. "Whereas, the township has purchased certain properties simultaneously with the County of Middlesex; and Whereas, the township was permitted to purchase land which would have otherwise been purchased by the County for the purpose of establishing senior citizen market housing; and Whereas, such development proposals do not have public support, and Whereas the township council wishes to formally record its position that all efforts should be undertaken to return said lands to the county as part of the existing county parklands. Now, therefore, be it resolved by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the Township Council does hereby formally memorialize and endorse its request that the County of Middlesex purchase the lands known as senior citizen housing portion of the O&Y property acquisition, and that the purchase price of the said land shall be the per acre price paid originally by the township; and be it further resolved that the Mayor, Township Clerk and Township Attorney are hereby authorized to take any and all steps necessary to carry out the terms of this resolution."

When we approach the county, you want the resolution indicate that we would only return it to the county with a deed restriction requiring them to keep it in open space. If they don't agree, we would be back to the council. I can add that.

Councilman Cucchiara: If they (the county) a going to do something else, I want to know about it.

Mr. Shah: In the resolution which Bill read, I would like incorporated not just the price per acre that was paid, but the acquisition costs which were borne by us. The original plan was that the township would pay the cost of acquisition and after the sale of the land, recover that cost and any excess would be split between the county and the township. Now that you are considering returning land to the county, that acquisition cost should be recovered by the township.

Councilman Hoff: I assume they will be adding to the county park. If we sell the land, they decide what to do with it.

Councilman Cucchiara: I want to avoid having an incinerator there in ten years. It cannot hurt putting wording in the resolution stating that we want this land left for open space or recreation.

Councilman Hoff: I agree with that, but don't want to jeopardize the sale of the land by telling the county what to do with the land.

Councilman Cucchiara: We would only be asking for this to be left as open space.

Attorney Ruggierio: There is a difference between restricting the land, which seems to be the way Mr. Cucchiara was speaking, as opposed to making a strong request to the county as Mr. Hoff suggested. I would tend to agree with him because I believe they would resist the idea of restricting the land. They don't know how they are going to develop it.

Mayor Cannon: I agree with Mr. Cucchiara, and I think we should start out with a strong position.

Councilman Redmond: The council and the residents rejected the idea of senior homes, and I don't want to see the county decide to do this in the future.

Attorney Ruggierio: Do you want to make this a formal restriction as opposed to a request? I don't know what you mean by "acquisition" costs.

Mr. Shah: I suggest recovering the interest payment paid.

Councilman Redmond: The interest payment on the notes?

Mr. Shah: I refer to the legal fees paid at the time of acquisition.

Councilman Sohor: Mr. Shah's suggestion is a worthy one. The acquisition of the O&Y tract was to be a county park. The township purchased the acreage in question because the county was unable to finance the deal as originally planned. The idea was for us to save the deal from going downhill. The township could not afford to operate that tract on a long-term basis. The idea was for the township to acquire the property and to sell it for age-restricted later on. Since we stepped in to help the county, I think that it would be fair to ask the county for those excess costs. Originally, the township intended to sell and possibly make a profit on that property. If you review the documents relating to that sale, the county is partners with that on that property for any profits. There was money to be made. Since this was not able to be developed as originally expected, they should reimburse us for our losses.

President Maher: The council needs to give Mr. Ruggierio direction. Do we want to put a deed restriction to maintain open space or passive recreation?

Attorney Ruggierio: When you restrict a piece of property, the purchaser or grantee is not going to be happy, but I can do whatever you wish.

Councilman Sohor: The best use for this property is open space because it compliments the area that was required. We might put forth two alternatives. One would be an absolute deed restricting that property to recreational/open space uses only. If the county does something other than open space, the residents will benefit by the township being even partners in any profits or income from that property. The fear is that the county will sell the property for the purposes of developing with extra demand on our services, etc. The county would reap a great profit, and we would be left "holding the bag". We are not at a point of negotiating the terms of a sale. It would be fair to let the county know that we are not giving the property away, and that we want to have a say and control over how that property is used.

Councilman Hoff: I cannot agree.

Councilman Testino: I am not participating.

Councilman Redmond: With the new master plan proposal, doesn't this parcel get rezoned? Is the county in the habit of building four hundred single homes?

Mayor Cannon: They could sell the property to a developer.

Councilman Redmond: The whole purpose of this acquisition is to add it to existing park land.

Councilman Cucchiara: If you read the memo from the task force on recreational services, we may have to go to the county for open space for recreation. I don't want this left to open space without being able to do anything with it.

President Maher: Mr. Butler, are you in favor of making pointed language in terms of a deed restriction as outlined by Mr. Ruggierio and Councilman Ruggierio in that the property remain open space?

Councilman Butler: I could go along with that.

President Maher: If the county decides to do something with the property, they give us first right of refusal or to participate in a financial opportunity.

Attorney Ruggierio: Reads addition to the resolution: "Be it further resolved, that the conveyance of the said land shall contain a restriction limiting the use of the land to recreation/open spaces uses only in connection with the existing park."

President Maher: Mr. Greene, are you comfortable with that?

Councilman Greene: Yes.

Councilman Hoff: I think they will do us a favor if they buy the property back. They don't have to do this, but if they do, I don't know how you think we could impose a restriction on it. Why should the county buy property when you are telling them what to do with it? I think that you should suggest that this be kept for recreation and open land.

President Maher: I am comfortable with the language.

DR-2 Authorizing Mayor and Clerk to execute State Local Cooperative Housing Inspection Program.

No Discussion.

DR-3 Authorizing purchases under NJSA 40A:11-3 and authorizing the purchase of listed commodities under open ended state contracts under the statutory bid limits for purchase of certain commodities.

Ms. Shepler: This refers to the open ended state contracts. The only other portion is the paragraph which gives me the authority to go to the bid limit - $17,500.

Councilman Testino: What is the current limit the township has?

Attorney Ruggierio: It went from $12,700 to $17,500 under the new law.

Councilman Testino: Does that mean that the council will not be involved under $17,500?

Ms. Shepler: As you have been in the past. This amount changes every other July.

Councilman Testino: The amount has to be in the budget, but the question is whether they have to come to council for approval.

Ms. Shepler: We have always had the authority before. The bid threshold was $1500 when I started in local government. The new rules and regulations under local public contract have not been promulgated yet, but we have a certified public purchasing agent.

President Maher: Are we dealing with minority vendors, and who has developed the list?

Ms. Shepler: These are state contract vendors normally used on a regular basis when we statutorily exceed the bid threshold. State public contract says that if you exceed a state contract bid threshold, we must have the council's opinion. You will see such items as fuel oil, gasoline, police car tires. These are the standard items we use.

President Maher: How does an individual get on this list?

Ms. Shepler: You would go to the State of New Jersey and go through their bid process to get a state contract approved number. We chose from the state contract vendors.

President Maher: Can any firm get on this list?

Ms. Shepler: This is a state contract.

Councilman Testino: I ask that there be a separate page or break out for the items that are purchased under the bid limit; otherwise, I am not inclined to approve it. If administration is purchasing without going out to bid, we should be noticed. We have an obligation to be sure that you are complying with the state law. We have to make a decision that should have gone out to bid because there are a number of transactions involved. When we pay the bills that are not paid by resolution of the council, you tell us about these separate items.

Mayor Cannon: If we pay a bill for fuel oil, you want to see that?

Councilman Testino: Perhaps we could purchase fuel oil ourselves.

Ms. Shepler: That research is already done. That is what you hired me for and what you hired a public purchasing agent for. The items that we purchase from state contract have been researched by the departments to indicate that the state price is a better price.

Councilman Testino: Flag that in the bill list.

Ms. Shepler: You would almost tell me the dollar amount you want flagged. There is nothing without our software system that would give me a state contract number that would separate it out.

Councilman Testino: How do we know what you are doing?

Ms. Shepler: With every bill list you know what I am doing. Current bid threshold up to this adjustment has been $12,800. If I purchase something over $1,000, I am obligated by law to solicit three quotes. That is adhered to. With every bill list you see a list of every vendor. Your bill list is broken out by cumulative total.

President Testino: I am not intimating that you are going to deviate from your good practices. I want to be able to discern which items were bid and which were not, and if I want more information, I come to your office.

Ms. Shepler: With the items that were bid, you have to give us the authority by resolution to accept. You always know on what items I have gone to bid.

Councilman Testino: Not when I look at the bill list.

Ms. Shepler: You have an item on the agenda to award a contract for the Higgins Road soccer complex.

Councilman Testino: I want something on the bill list to draw my attention to what the administration is doing under the bid threshold.

Mr. Shah: This is such a broad category. Everything that is over the bid limit comes to you via a resolution.

Ms. Shepler: Mr. Testino, please come to my office and we will go over a typical bill list.

Councilman Testino: No, forget about it, you are giving me a hard time over this. You have just dissuaded me, and I am voting "no" on this resolution.

Ms. Shepler: You show me how you want me to break out the bill list. If we can do it without our software, I would be happy to oblige.

Councilman Testino: There are eight other people here; convince them. The alternative is to find a way to flag them in the bill list. You obviously don't want to do it. Anything that you buy under the threshold, flag it in the bill list by means of an asterisk.

President Maher: Can we table this?

Mr. Shah: We would be in violation of the statute.

Mayor Cannon: We cannot conduct business.

President Maher: This went into effect on July 1 and we have been in violation of some sort of statute for two months. What is the risk of being in violation for another two weeks until we work out a process.

Mayor Cannon: Eliminate the bill list, and we will just "wing" it.

Ms. Shepler: I am thinking of an easier way to do this for you because I don't understand how you want this flagged. I will show you the detail of the bill list, and you will show us how to oblige you. I will make it work any way you want, but you have to tell me what you want.

President Maher: I shall move this up and see if I can get a second for a table.

Councilman Testino: What Mr. Redmond said was cynical - are we buying cars under this?

DR-4 Awarding Contract No. 00-31 to Pabco Industries for 75,000 biodegradable paper leaf bags in the amount of $26,605.00

President Maher: Is this the same unit price as last year?

Mr. Donatelli: Same price.

DR-5 Awarding Contract No. 00-20 Change Order to Vangelis Construction for drainage improvements at Cook Avenue, Lakeview Road, Tara Drive, Terrill Road and Cleveland Avenue.

President Maher: Why the increase? Is this normal?

Mr. Iglesias: Yes.

President Maher: By increasing the price were they still the low bidder?

Mr. Iglesias: Yes.

DR-6 Awarding Contract No. 00-32 for construction and installation of skate park components to MIC-ROB Inc. t/a ETI, Orange, NJ in the amount of $53,536.00

President Maher: Are you concerned that they were the only bidder?

Mr. Badcock: No, they are the only technical people in the area. They have done many municipal and private skate parks.

DR-7 Awarding Contract No. 00-26 to LNS Construction Management Co., for the construction of the Higgins Road soccer complex restroom concession storage building in the amount of $252,375.00.

Councilman Testino: When are the starting this?

Mr. Badcock: We can start by the third week in September.

DR-8 Authorizing the sale of the Barsel parcel acquired by foreclosure.

President Maher: I thought there were two different directions we were going at the last meeting. We are negotiating with the housing authority and putting this out on the real estate market.

Attorney Ruggierio: There is a specific connection with this resolution that indicates that the township reserve the right to sell it either to the hospital. Section 8 deals with the right to reject all bids and transfer to the housing authority to accommodate the apparent interest of the housing authority in this property.

Mayor Cannon: We are not transferring; we will sell it.

Attorney Ruggierio: By transfer I mean "by deed". What I have reserved in the resolution is the right to reject all bids. You will have a purchaser vs. the housing authority making an intelligent judgment in the abstract.

President Maher: Please change the word "transfer" or "negotiate with the housing (authority) for the purchase".

Attorney Ruggierio: "The township has the right to reject all bids for any reason whatsoever. The township specifically reserves a right to sell or transfer the property in question to its township housing authority."

Councilman Hoff: Are we putting a deed restriction preventing a hot dog stand, etc.?

DR-9 Accepting dedication of roadways in Foxborough Village to Old Bridge Township.

President Maher: We had a letter from the association supporting our acceptance of these roads.

Councilman Hoff: I noticed in the resolution that you are authorizing permit parking for the entire development.

Councilman Greene: There is only a section of the development for permit parking.

Ms. Shepler: We don't have DOT approval to do that. The area has been surveyed by Traffic and Safety, and that survey has been sent to Trenton for their approval. I shall come back to you at another time for a resolution for permit parking on certain streets. We need to accept the property first. This is not a part of the resolution tonight.

Councilman Sohor: Are we accepting Nelson's recommendation with regard to sump pump drainage and the transfer of the high wattage lighting? Is this a part of this resolution?

Councilman Greene: The role of a councilman is to be an intermediary between the town government and an individual or a group. This issue goes back many months. I have spoken to the Mayor and the Business Administrator who have been very supportive. I received a memo dated today which raises issues never before discussed. I commend Ms. Shepler for calling me on Friday about a lighting issue. I contacted officials at Foxborough Village, and they are more than willing to investigate this. I have a major concern with things that were highlighted in this memo. I will leave it at that for now, but I plan to revisit it depending on what the testimony is. I definitely take exception to the subject and timeliness of this especially when I have spoken to everyone involved in the township.

President Maher: I have not seen a memo; therefore, I shall abstain. Mr. Iglesias, please tell us what was in your memo.

Mr. Iglesias: I apologize that the memo was just delivered. I was going to suggest to the council that since my memo raises questions, I think you should table this to give yourselves a chance to see what is being said. We should discuss this further with the homeowners' association. The questions raised are not unfamiliar to the homeowners' association. This may, however, be new to the council. I suggest your reading the memo carefully, weigh my suggestions and instruct me how to proceed. Because the subdivision roads were private, the homeowner's association elected to have their own type of lighting in the development. The wattage is 100% higher than what a normal subdivision would accept and what the township would be willing to pay. There are ways to eliminate the problem, and I have made suggestions as to how to do that. One of the roads which is not on their list is to be accepted by the township. If you read the memo and review the map, you will see that all the roads that are to become public will flow into this road. This is a legal conflict. This is not a simple issue.

Councilman Redmond: I have a problem with tabling this. This issue is what got me involved in Old Bridge politics. I discovered at a very controversial meeting with respect to the township's taking over of roads that residents pay fees to their associations and taxes to the township. I believe that these residents have the right to have their streets plowed. I believe it is our responsibility to see that this gets done. By tabling this, we are doing these people a disservice. I realize that there are engineering problems that have to be worked out. We should do this by ordinance. We need to move on this.

Councilman Hoff: Take the engineer's advice, and let him come back with a report.

Mr. Iglesias: Once the performance bond is released by the council, the roads become township property. What makes a difference in this instance is that the roads are private.

President Maher: We will introduce this as an ordinance for first reading tonight.

Councilman Testino: I want to see this moved along, but I don't want to be in a position to ignore the engineer's advice. If we do an ordinance tonight to include his recommendation and if we have to drop something out on the second reading, it will be less restrictive, and the attorney will find that we will not be going against the advertising requirement. We should see if Schindler should be put in so that we get the advertising right.

Mayor Cannon: This has been a stumbling block for several years.

President Maher: I suggest that Mr. Ruggierio, Mr. Condon and Mr. Iglesias go outside and talk about a draft ordinance for first reading. This will become FR-2.

DR-10 Authorizing agreement of sale of Lot 11, Block 13264.19 between Lennar Northeast, VLP and the Township of Old Bridge and authorizing Mayor and Clerk to sign agreement in substantial conformity to the attached agreement.

Ms. Shepler: This is the park and ride which we wish to purchase (Oakwood).

DR-11 Waiving electrical fees for the Old Bridge Rams Athletic Association in the amount of $168.00.

No discussion.

DR-12 Rescinding resolution No. 117-00 authorizing professional services for Sheehan Consulting to assist planning board on various planning and application review.

No discussion.

DR-13 Awarding professional services contract to John Chadwick IV, P.P.

Ms. Shepler: I believe this is for planning and zoning.

Councilman Redmond: I don't want to be in violation of state statute wherein the zoning and planning boards are to choose the planning consultant.

Ms. Shepler: We have both an in-house planner and engineer. This person is hired to assist Mr. Rizzo in the plan review, similarly to what T&M has done traditionally over the past five or six years. T&M has a conflict. I asked Mr. Ruggierio if this needed the approval of either board; he said absolutely not because this assists our in-house staff, not technically a planner for the board of adjustment or the planning board.

President Maher: This issue was tabled at our last meeting. Have we worked out the details?

Councilman Testino: I have no problem moving forward with Chadwick for the planning board, but I am not sure that the zoning board is on the same wave length as the administrator and the attorney. I would like to see resolutions from both boards stating their agreement.

Mayor Cannon: This will delay this another month.

Ms. Shepler: I asked the township attorney if he felt that I needed these approvals when Mr. Sheehan indicated to me that he could not take the work.

Councilman Testino: Involve them in the decision process.

Ms. Shepler: Because of the way the boards meet and the timeliness of the issue, I asked Bill his opinion who told me I did not need the approval of the boards. Messrs. Rizzo and Iglesias have been without an outside planner for sometime. To do these plan reviews takes some time.

Consent Agenda

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

No. 457 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:

RA64-00 St. Thomas the Apostle Home School Association
RA65-00 St. Thomas the Apostle Home School Association
RA66-00 Loyal Order of Moose
RA67-00 Old Bridge Hadassah

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

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

NAYS: None.

ABSENT PODIUM: Councilman Greene.

ABSENT: Councilwoman Marinaccio.

No. 458 Granting permission for a block party - Ashley Drive, September 9, 2000, 2:00 p.m. to 10:00 p.m. (rain date September 10)

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 Ashley Drive at the intersection of (none) for the purpose of a block party to be held on September 9, 2000 (rain date September 10, 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 Ashley Drive be completely closed to vehicular traffic from the intersection of (none). 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 Hoff, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Greene.

ABSENT: Councilwoman Marinaccio.

No. 459 Granting permission for a block party - Kenneth and Edwards Avenues, September 9, 2000 from 12:00 p.m. to 10:00 P.M. (rain date September 16).

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 Kenneth and Edwards Avenues at the intersection of Cindy and Louis Streets for the purpose of a block party to be held on September 9, 2000 (rain date September 16, 2000)

It is a requirement of this approval that Kenneth and Edwards Avenues be completely closed to vehicular traffic from the intersection of Cindy and Louis Streets. 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 Hoff, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Greene.

ABSENT: Councilwoman Marinaccio.

No. 460 Granting permission for a block party - Hansen Road - September 16, 2000 from 11:00 a.m. to 10:00 p.m. (rain date September 17, 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 Hansen Road at the intersection of Chelsea and Gramercy Road for the purpose of a block party to be held on September 16, 2000 (rain date September 17, 2000)

It is a requirement of this approval that Hansen Road be completely closed to vehicular traffic from the intersection of Chelsea and Gramercy Roads. 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 Hoff, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Greene.

ABSENT: Councilwoman Marinaccio.

No. 461 Authorizing Mayor and Township Clerk to execute State Local Cooperative Housing Inspection Program.

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 will be participating in the New Jersey Department of Community Affairs State Local Cooperative Housing Inspection Program; and

WHEREAS, this program will give the Township authorization to conduct the State mandated inspections of hotel and multiple dwellings within its jurisdiction on behalf of the Bureau of Housing Inspection during the period from July 1, 2000 to June 30, 2001; and

WHEREAS, the Township will receive the sum of $19,000.00 for conducting these State inspections.

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 Mayor and Township Clerk are hereby authorized to execute the documents necessary to effectuate the Township's participation in the above-mentioned program.

2. The Township Attorney shall review any and all contractual documents prepared in furtherance of this program.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Greene.

ABSENT: Councilwoman Marinaccio.

No. 462 Awarding Contract No. 00-31 to Pabco Industries for 75,000 biodegradable paper leaf bags in the amount of $26,605.00.

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. 00-31 for biodegradable paper leaf bags; and

WHEREAS, the Township Council wishes to award the contract for biodegradable paper leaf bags to Pabco Industries; and

WHEREAS, the Director of Public Works has recommended that a contract be awarded to Pabco Industries located at 166 Frelinghuysen Avenue, Newark, New Jersey.

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. Pabco Industries is hereby awarded a contract in the amount of $26,605.00 for 75,000 for biodegradable paper leaf bags 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. 918 certifying the existence of a sufficient appropriation to fund the said contract.

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

This resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Greene.

ABSENT: Councilwoman Marinaccio.

No. 463 Awarding Contract No. 00-32 for construction and installation of skate park components to Mic-Rob, Inc. t/a E.T.I. Orange, NJ in the amount of $53,536.00

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. 00-32 for construction and installation of ramps, jumps, grind boxes, rails and apparatus for the skate park at Veteran's Park; and

WHEREAS, the Township Council wishes to award the contract for the skate park components to MIC-ROB, Inc.; and

WHEREAS, the Director of Parks, Recreation and Social Services has recommended that a contract be awarded to MIC-ROB, Inc. located in Orange, New Jersey.

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. MIC-ROB, Inc. is hereby awarded a contract in the amount of $53,636.00 for skate park components for the skate park at Veteran's Park 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. 919 certifying the existence of a sufficient appropriation to fund the said contract.

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

This resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Greene.

ABSENT: Councilwoman Marinaccio.

No. 464 Awarding contract No. 00-26 to LNS Construction Management Co., Edison, NJ, for the construction of the Higgins Road soccer complex restroom concession storage building in the amount of $252,375.00.

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 construction of the Higgins Road soccer restroom building; and

WHEREAS, bids were received and opened on July 6, 2000; and

WHEREAS, the Township Council wishes to award the contract to LNS Construction Management L.L.C., 347 Plainfield Avenue, Edison, New Jersey 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. LNS Construction Management L.L.C. is hereby awarded a contract in the amount of $252,375.00 for construction of the Higgins Road soccer restroom building as per the specifications advertised therefor.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 917 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Greene.

ABSENT: Councilwoman Marinaccio.

No. 465 Authorizing sale of property (Barsel parcel acquired by foreclosure).

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, Block 17000, Lot 27.12 is no longer needed for public use; and

WHEREAS, the terms and conditions of the sale shall be as set forth on Exhibit A below; and

WHEREAS, the conditions of the sale shall be as follows:

Section 1. Purpose

The Township of Old Bridge is the apparent owner of certain property which is bounded and described on Schedule A attached to this resolution. This land is no longer needed for public use and the Township Council desires to authorize the sale of the property at auction in accordance with NJSA 40A:12-13 and NJSA 40A:12-13.1.

Section 2. Authorization to Conduct Auction: Sale Price

The Township Administrator is hereby authorized to