Old Bridge Township, New Jersey - October 23, 2000 Minutes

A Regular Meeting of the Township Council of the Township of Old Bridge was held on October 25, 2000 in the Municipal Complex. The meeting was called to order at 8:04 p.m. by President Maher who invited all to participate in a salute to the flag which was followed by a short prayer.

Moment of Silence.

President Maher requested a moment of silence in honor of the service men and women who were killed aboard the USS Cole.

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

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

Guest - Michael Caffrey, Chairperson Open Space Committee.

Mr. Caffrey: The Open Space Committee is an advisory committee to the Township Council and Mayor on open space issues. I came before you several months ago recommending an open space referendum. I thank the council and the mayor for their bipartisan support in placing the referendum on the ballot on November 7. With the election fast approaching I want to speak about the referendum and its implications. Many of us moved to Old Bridge because of the character of our town with neighborhood schools and beautiful open spaces. We all enjoy and appreciate the farms, fields and orchards that are an intricate part of our community. Over 5000 acres are actively farmed in our community, but 4000 of those acres are owned by developers. The remaining farms are under tremendous pressure. If we want to preserve a significant portion of our precious open space including these independent farms, we must act now.

Preservation of open space requires money sources of which are federal, state and local tax dollars. We have received some funds from these sources; however, many state, federal and county programs require a township to have a stable funding source. Participation in the Middlesex County Farm Preservation program requires Old Bridge to have a stable funding source. Passage of this open space referendum will provide Old Bridge with that funding source, making the township eligible for additional funds from federal, state and county programs. The stable funding source will be paid by the Old Bridge taxpayer.

Two cents would be added to the municipal tax rate - about $30 per year for the average family. Over a ten year period, an estimated $6 million would be generated for open space. This money would be used in conjunction with federal, state and county dollars to preserve open space by acquiring the development rights or acquiring the property outright. The cost of suburban sprawl can out pace taxpayer revenues. A study indicated that communities that preserved a significant amount of open space can have lower property taxes because of less stress on the township in terms of municipal services.

A survey taken earlier this year demonstrated strong support in Old Bridge to create an open space trust fund. 94% of the survey respondents agreed that Old Bridge should make every effort to preserve open space before it is lost to development, and 84% agreed that Old Bridge

should have a stable funding source. A solid majority of the respondents agreed that two cents should be added to the tax rate for open space preservations. This demonstrates strong support for this referendum. Passage of the open space referendum is only an initial step in setting up a more structured program to preserve open space in Old Bridge. Much hard work will be required to preserve open space in Old Bridge.

The Committee will identify and maintain our prioritized list of parcels in dire need of preservation. The Committee will work to identify sources of private and public sources of funding and to work with private groups such as the NY/NJ baykeeper who are interested in assisting the township in preserving open space. Beginning early next year the Open Space Committee will hold open forums to obtain input in prioritizing parcels for preservation.

After the election members of and volunteers working with the Open Space Committee intend to work with the township council and mayor to accomplish our goal of preserving open space in Old Bridge. I thank the mayor and council members for their work on open space issues and the referendum. As election day draws near we will be working very hard to inform Old Bridge voters about the referendum. We would appreciate your efforts by telling your constituents about the referendum.

Certificates of Appreciation - Old Bridge Fair

Certificate of Appreciation presented in recognition of your generous donation for the fifth anniversary celebration of Old Bridge Day, October 7, 2000. Your civic pride and community spirit is most commendable.

Mayor Cannon presented certificates of appreciation to the following business groups or organizations

Arbe Landscaping, Coffman Tree Service, FOP, PBA Local 127, Teamsters Local 469, Oasis Auto Center, Raritan Bay Hospital, Pathmark Old Bridge, Brunetti Organization,Apruzzese, McDermott, Heilbrunn Pape Ltd., Balloon Impressions

Certificate of Appreciation and recognition of your time contribution and dedication to the fifth anniversary celebration of Old Bridge Day on October 7, 2000. Your commitment to the townships helps empower the programs put forth by this town which contribute to the life of our community. Your civic pride and community spirit is evident and most commendable.

Mayor Cannon presented Certificates of Appreciation to the following individuals:

John Chin, Kathy Zampallone, Louis Nemours-Jacques, Elizabeth Rose, Corki Stanley, Karen Langdon, Marcia Defini, LuAnne Kulesa, Thomas Kulesa, Lauren Raymond, Joanne Cereta, Frank Defini, Stephanie Chin, Courtney Sulley, Michael Murphy, Ken Cogland, Vicky DeMarco, Eileen Nelson, Jeff Glenn, Anthony Collucci, Rob Reckow, Louis Vasilakos, Linda Elias, Joan & Mike Mastrian, Terry Iannacchino, OB TV 70, Dept. Public Works, Old Bridge PD, Parks/Rec Dept., Lance Hilfman, Marsha Rosenbaum, Human Relations Comm.

With sincere appreciation for your outstanding effort in organizing Celebrate Old Bridge Day 2000. Your creativity, tenacity, and dedication are applauded by all. Thank you for a job well done.

Mayor Cannon presented a certificate of appreciation to Diane Amabile, coordinator of Celebrate Old Bridge Day. Diane has done an amazing job on the fair and has raised many dollars for the music, etc. Without Diane, we would not have the wherewithal to come together and do the wonderful job they do. I appreciate all you have done to allow the residents to come together and celebrate.

Cheesequake Dam.

President Maher: Do you (Jim Condon) have an update in terms of Bill's interfacing with the attorney general's office for an interpretation of the letter?

Attorney Condon: Bill Ruggierio, Nelson Iglesias and I had a productive meeting with Mr. Ferdun, the attorney for Cheesequake Village, and Mr. Fitzgerald, the engineer. We exchanged our legal positions in the case. We all thought that additional research had to be done with respect to the legal issues. You are asking about the attorney general's position on this. We have not heard back from the attorney general on this matter, although we have a letter into the attorney general. We have received a letter from the Office of Legislative Services, and their opinion is in opposition to the opinion of the legal department at this point regarding the constitutionality of the use of funds to improve the dam. We have a difference of opinion regarding the facts at this time, not that we are in any disagreement in the way the law that should be applied in this case.

President Maher: When do we expect a response from the attorney general's office with respect to Mr. Ruggierio's opinion, and what is the name of the assistant attorney general he (Mr. Ruggierio) is interfacing with?

Attorney Condon: I don't know, but can find that information out. I could not even venture to guess as to when we can expect to hear from the attorney general or if they will issue an opinion on this. We have requested an opinion pursuant to the council's direction.

Councilman Hoff: Does your position still hold even though we provided evidence from the legislative section of the state government what the plan is to afford monies to assist in the dam repair. Your office has ruled that this is not legal and challenged the legal findings that we presented. Two weeks ago you were going to contact the attorney general's office. Has contact been made? Do you have a copy of a transmittal to them?

Attorney Condon: We wrote a letter to the attorney general sometime ago, and I will try to update you. I cannot give you a better idea of what the attorney general is doing with that letter because I don't know the internal workings of the office of the attorney general.

Councilman Hoff: You did request in written form a ruling from the attorney general?

Attorney Condon: Yes, that is correct.

Councilman Hoff: When was that transmittal made?

Attorney Condon: I don't know the exact date.

Councilman Hoff: Our opinion was rejected two weeks ago.

Attorney Condon: Our opinion has been rejected by the Office of Legislative Services which is a different part of the state government. I think that has more to do with a difference of opinion as to the purpose of the dam than it does regarding what the law is regarding what a public purpose is and what is constitutional.

Councilman Hoff: It is unfortunate that a difference of opinion guides what should be done for the betterment of many people and what should not be done. I am sorry that your office does not feel that the opinion should be waived in favor of the people who deserve attention.

Councilman Testino: As I understand, the law department is in agreement with the state, but they differ on the facts as they are applied.

Attorney Condon: The state produced a letter which cites much of the same law which when the legal department issued its opinion, cited to base its opinion on. One of the key problems here is that the Office of Legislative Services has mischaracterized what the purpose of the dam is. As previously expressed to the council regarding the purpose of the dam, we are of the opinion, and the facts do bear this out, that the dam's only purpose is that it is an aesthetic dam, and serves no other purpose.

Councilman Testino: The last time we met on this subject I asked how many dams we have in Old Bridge. I directed that to the engineering department so that they could get back to you, and you would have that one additional facts. I may know of one other. You say that they only purpose of this dam is aesthetic, and that Mr. Iglesias' prior discussion about this having other culverts empty into does not make it a regional detention basin? Maybe I misunderstood the prior discussions.

Attorney Condon: You are essentially correct. The dam is there for aesthetic purposes. There has been much confusion as to the language being thrown about as to what this dam is and whether it is a regional detention basin. I hope Nelson will give you a better idea of what is being said when someone is saying that. The run off water would run through whether that dam existed or not. It is not there to detain water as a flood control device.

Councilman Testino: We are down to whether or not Nelson says this is a regional detention basin and we can go ahead and spend the money on it?

Attorney Condon: That may be oversimplifying it, but . . .

Councilman Testino: I don't mean to oversimplify this beyond the point of being wrong, but that is what it sounds like to me. If so, I will start talking to the engineer.

Attorney Condon: That is a major point of contention.

Councilman Hoff: I don't know when the word "aesthetic" came into this picture. I have never heard that word before. This dam was built for irrigation purposes. Over the years Cheesequake Village and certain other contributing people have added dumped the storm waters into the lake area (Logan's Lake). We did not plan for that; it just happened. It is now a detention basin for that area. This people should be relieved of a problem they did not cause, and they don't want. We should revisit our opinion and what it should be. Carrying this out in a law court has no advantage. This dam needs to be checked and corrected, and if we cannot do it by abandoning the dam and letting the water run freely downstream to the park which is a wasteland flowing through thousands of acres of ground, let's rebuild the dam according to the DEP requirements. Do this quickly and cheaply instead of arguing about this for another year. Aesthetic, my eye!

President Maher: We want to see a copy of the correspondence to the attorney general's office asking for an interpretation . . . The initial correspondence as well as . . . We are looking for our law department to get a response back from the attorney general's office as soon as we can. We have been talking about this issue for five months, and the council is becoming very frustrated with the perceived lack of results. This dam is a homemade dam which is taking up a lot of time. I wish this dam would just go away. Do you agree with Mr. Condon's interpretation of the most recent meeting?

Mr. Tanala: The township approved forty-two other properties to allow their storm drains to go into the so-called "detention basin". Mr. Iglesias' argument is that the run off from those properties would go into that, but that is not so. We have found out from engineers that if there were no buildings on those properties, the water would soak into the ground and would not run into the ravines leading to the detention basin. Once buildings are built, the water from those storm drains leading to the detention basin is extra water flowing into the detention basin. That is why we feel that this is a regional problem. I have spoken to several attorneys, and after giving them all the information and facts, they felt that the legal opinion from Legislative Services was good enough for the township to use even though later they may get a legal opinion from the attorney general's office showing that this was in violation. The intent was not there because you are still using the legal opinion sent by Legislative Services. That would take the liability from the township. What disturbs me is a letter from the village attorney, Mr. Ferdun, to Mr. Ruggierio. Mr. Ruggierio made a statement to Mr. Ferdun, "You also reiterated your suggestion that the matter should be submitted to a court for a declaratory judgment action so that a judge could decide this issue once and for all". It is very clear to me, and it appears that they attorney is looking to make this a court case where the administration appoints an attorney to handle the case, and the attorneys make money at the expense of the taxpayers. This legal opinion could have been used taking away any liability to the township.

We are getting $75,000 from the state. We have retained T&M Associates because we received a letter from the DEP giving us until December 1 to give them an inspection report. The head of the DEP gave us one year, and I have a copy of that letter. We consulted with four different engineering firms, and we found T&M the most reasonable. He assured that we would have an inspection by December 1, and he sent a letter to that effect. In the event this goes over $75,000, and we don't think it may be too much more than that, the people in our village need assistance. If this becomes a court case, there is a principle involved. It will be up to the residents of Cheesequake Village whether they want to follow through or not. If a court case, the attorneys will make money at the expense of the taxpayers.

Councilman Greene: I was outspoken in support of the residents from the beginning. This is a regional problem. I have listened to many evenings of testimony on the part of the township who told us that this area serves as a detention basin, that it represents an environment that the township wants to maintain. It is significant because of its ecological position in that area. We have to maintain that dam because we have to prevent excess water from flowing into Cheesequake Park. Now it appears that the leopard has changed it spots. It is no longer any of that. It is now an aesthetic device. All of this I have a problem with. There is a change in position because the original position was a losing one. My position is that this is well beyond an aesthetic device. It means a lot to the area. I support this fight.

Mr. Tanala: I would like a copy of Mr. Ruggierio's letter to the attorney general's office. A lot depends on what is in that letter.

President Maher: Please get copies of that letter circulated to the members of the Association (Cheesequake Village).

Councilman Redmond: There was mention in the letter from the legislative counsel, and there has been documentation from the DEP mentioning a safety issue. As a result of the safety issue, it becomes a public purpose to either repair or decommission the dam. If we are talking about aesthetic purposes and keeping the lake, there is always the option of decommissioning which would require hearings and money. I think that they mentioned a number of different criteria which had to be met for a "public purpose" -- safety being one of them. The DEP had said that this is an unsafe condition. They wanted core samples from the banks, etc. I don't know why we are arguing this issue. If this is a situation where someone can get hurt, cause damage to properties, this must be addressed. The state has already come up with a large sum of money. The township has a responsibility to take care of something that the DEP has deemed unsafe. I support any resolution to resolve this issue. The residents of Cheesequake Village have been here many times, and it is now time to take action.

Mr. Tanala: Reads excerpt from Commissioner Shin's letter to Senator Lautenberg: "As a result of reported damage to Cheesequake Village dam incurred during tropical storm "Floyd", staff engineers from the division of Engineering Construction Dam Safety Section conducted an emergency site inspection. The inspection revealed additional storm related damage to your already damaged Cheesequake Village dam. It was also reported that the failed dam does not presently represent a hazard to downstream lives or property. As such it is agreed that the owners of the Cheesequake Village dam should be allowed one year to determine the most favorable course of action." We have no idea whether the engineer will be recommending decommission or repair of the dam. During my last consultation with him, it appeared that the dam may have to be repaired. We feel that the dam should be decommissioned. It has caused no property damage at all. Cheesequake Village derives no benefit from the lake nor the dam. Why should we continue to maintain this and have it inspected every two years?

President Maher: I support the decommissioning.

Councilwoman Marinaccio: To expedite this, is there a way that the township can loan the Cheesequake Village Association money to cure a safety problem?

Mr. Tanala: We have been offered that by the DEP.

Councilwoman Marinaccio: Let's say that you received funds to repair the current damage. What happens twenty years from now? This could be a constant problem.

Mr. Tanala: Sam Thompson has presented legislation to the state assembly to the effect that property owners abutting a lake become responsible for the maintenance and repair of the damaged dam.

Councilwoman Marinaccio: Is it possible to buy this from Cheesequake Village?

President Maher: We have already looked into that.

Mr. Tanala: A few years ago we approached the town to take over Logan's Lake. Mr. Badcock, Sam Rizzo and others toured the lake. They found that there was no public access to the lake; therefore, the township would not be able to take the lake over. There are properties that may be for sale adjacent to the lake in the future that could be used for public access. Their plan was to clean up the lake, install benches and a dock for fishing, but that is not feasible at this time.

Councilwoman Marinaccio: Can we take the lake first with the idea that when the land becomes available, we will make it public?

Mr. Tanala: We own 40% of the lake; Barclay Square residents own 60%. How do you divide the lake and turn it over to the township?

President Maher: This is going to be a life cycle maintenance liability extending well beyond our years. Our children's' children will be taking care of this. We have had testimony from the baykeeper and representatives of Cheesequake State Park. There is no negative impact of decommissioning the dam. The water would run through the state park. This dam is leaking.

Mr. Tanala: We consulted with Mr. Gromolka, the superintendent of the state park, who toured the ravines and the lake. He found no hazardous effects. He favored decommissioning.

President Maher: If we repair this dam with the state money, potential township funds and additional money from the state, we are going to exacerbate the situation, and we will be taking care of the dam for the rest of our lives. I am a proponent of decommissioning this dam if it is an option and letting the water run.

Mr. Tanala: Quotes letter from Mr. Ferdun's letter to Mr. Ruggierio: "As a follow up to my earlier correspondence of October 3, 2000, please let me know your findings regarding the research you indicated you would undertake concerning the earlier litigation that ensured between the developer of Cheesequake and Madison Township." I promised Mr. Ferdun that Mr. Ruggierio would get that documentation to him.

Councilman Hoff: Over the past few months, we proposed abandoning the lake which would not cause any problems downstream. We were told that the DEP would not allow that.

Mr. Tanala: That is not true.

Councilman Hoff: We have later reports that the DEP is still considering this. We had false information. Later on I suggested that we ask the state park to take over 300 feet between their property and the dam property, and they would obtain ownership and control of the dam and the downstream water. That fell apart. Even though Mr. Gromolka stated that this would be no problem, someone else did not like it. We are faced with the problem of not knowing when, if ever, the DEP will approve the abandoning of the dam. I don't see that happening. We need to repair this now. I move to memorialize our action taken October 10, 2000 to spend the $35,000 of state money and send a copy of our motion to the State Attorney General asking for this approval because our attorneys are not getting this for us fast enough.

Councilman Sohor: Does the state park abut the lake?

Councilman Hoff: It is 360 feet away.

Councilman Sohor: Who owns the 360 feet?

Councilman Hoff: Cheesequake Village.

Mr. Tanala: On the other side there are nine property owners of Barclay Square, only two of which were named by the DEP.

Councilman Hoff: He is talking downstream from the dam.

Mr. Tanala: On our side part of it is Village property; the other side the property owners and Barclay Square and Morristown Road . . .

Councilman Sohor: I always believed that the lake would fit well for passive recreation with benches and a pier for fishing. Can we determine whether or not the township could obtain an easement through the state park so that we can access the property. We could have Cheesequake Village deed to us their unused land adjacent to the lake. We could take over the lake and the dam and obtain public access by means of an easement through the state park.

Mr. Tanala: There is an easement through Barclay Square.

Councilman Sohor: That is not the type of easement you would want people to use approaching the park. There is parkland already there for people to use and enjoy with parking lots and a road system already in place. There must be something we could do to solve the access problem by getting permission to come through the park.

Mr. Tanala: The ravine is so deep leading to the park, putting a trail would be difficult coming down to the ravine where the water leaks into Cheesequake State Park. Councilmen Maher, Redmond, Hoff, Butler and Greene visited the area.

Councilman Sohor: I don't take that as an obstacle if we could get access. Many situations can be engineered. This would solve the problem permanently.

Mr. Tanala: We have a deadline and have to take action as soon as possible.

Councilman Sohor: This should not take a long time especially when we know that the park superintendent is in favor of this. We are going around in circles. The township's taking possession will solve this.

President Maher: This would mean that we inherit the liability to maintain the lake. We have been speaking about this on a monthly basis; this will appear on the radar screen on November 27. One week prior to the November 27 meeting, Jim (Condon) please tell the attorney general's office that we want to have their opinion that they have verbally told Bill Ruggierio that we cannot do this. We want to see that in writing. Give a copy to the Cheesequake Village Association and their attorney. We need to take action on this issue on November 27.

Motion

to appropriate $35,000 to repair the Cheesequake dam immediately and notify the State Attorney General made by Councilman Hoff, seconded by Councilwoman Marinaccio and so ordered on the following roll call vote:

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

NAYS: None.

ABSTAIN: Councilman Sohor.

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

Attorney Condon: I counsel you that my and Mr. Ruggierio's opinion on this issue stands that expending money on the dam repair is not a public purpose, and that ultimately it may take a court of law to decide this issue.

Councilman Testino: Does that mean that the administration is going to court on this?

Recess 9:06 p.m.
Reconvene 9:12 p.m.

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

No. 549 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:

Agenda - September 18, 2000
Regular - September 25, 2000
Executive - October 2, 2000

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Hoff, Redmond, Councilwoman Marinaccio.

Presentation.

Peter Ghaw: I am happy to be here to present to the Township of Old Bridge a check for $10,000 from Academy Honda. We believe we have an exemplary corporate image in this community by giving back a portion of our profits to support certain projects such as Camp Robin. I want to thank all the businesses and citizens for giving us your business and for the support of the Township of Old Bridge and its officials.

Mayor Cannon: I thank Academy Honda for this very generous contribution of $10,000. We have used some of this money for the summer concert series. The other half will go the Robin program to enable the children to take more trips, etc. We welcome Academy Honda to our community.

No. 550 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 October 23, 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 October 23, 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 $11,866,228.75 (Accounts Payable).

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

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

NAYS: None.

ABSENT PODIUM: Councilman Hoff.

No. 551 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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of October 23 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 $655,564.42 (Payroll).

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

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

NAYS: None.

ABSENT PODIUM: Councilman Hoff.

No. 552 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 Councilwoman Marinaccio and so denied on the following roll call vote:

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

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

Report of the Attorney.

Attorney Condon: A brief was filed today in the North County case. This is the last step that this case will take. The money the township received as a result of this case is safe to keep. The other parties in the case are seeking to eliminate the presidential effect of the case to not let it influence any future or similar cases.

Councilman Redmond: There was a memo from the legal department about the Houran settlement. Last week we talked about receiving funds, but I need a clarification.

Attorney Condon: I have not read the memo.

Mayor Cannon: As to getting the dollars, they could not make a commitment. It seemed to be later than sooner, but they were not definitive.

Councilman Testino: The memo means that we can anticipate it in this year's budget.

Councilman Cucchiara: Have you received correspondence back from the residents of Soden Lane?

Attorney Condon: I received no correspondence, but received phone calls from some residents expressing a positive view point. No one else has contacted me.

Councilman Testino: Have we filed our answer in the Raritan Valley Cablevision case?

Attorney Condon: The case was filed last week with multiple copies to all parties involved.

Motion

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

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

NAYS: None.

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

Councilman Testino: I would like to see a copy of that answer please.

No. 553 Opposing elimination of Rent Control.

Ms. Clavering: I speak on behalf of all tenants who reside in the apartments in Old Bridge. We are here to oppose the proposal to end rent control in New Jersey. This means that if these bills are passed by the state legislature, developers will have the power to double or triple the rates we pay now making it impossible for us to continue to live in our homes. During a meeting hosted by Councilman Butler one effort discussed was to coordinate a petition drive in which we hope to gather many signatures. I ask Mayor Cannon and the Township Council to help us begin our efforts in opposing the state legislation that will end rent control forever so that we can continue to live in our apartments.

RESOLUTION

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

WHEREAS, the Township Council is aware of legislation pending, A-2188 which would eliminate municipal rent control; and

WHEREAS, the passage of said bill would be detrimental to the interest of tenants and landlords alike in the Township of Old Bridge; and

WHEREAS, the Rent Stabilization Board of Township of Old Bridge wish to express their opposition to the passage of said bill and urge both the Assembly and Senate not to pass such legislation and further urge Governor Christine Todd Whitman to veto said legislation if passed.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey strongly opposes A-2188 and urge both the Assembly and Senate of the State of New Jersey not to pass such legislation and further request that if said legislation be passed that Governor Christine Todd Whitman veto said legislation.

BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to Governor Christine Todd Whitman, President of the New Jersey State Senate Donald DiFrancesco, Speaker of the New Jersey General Assembly Jack Collins, Assemblyman Joseph Azzolina and Samuel D. Thompson, Assemblyman Michael Patrick Carroll, Middlesex County Board of Chosen Freeholders, New Jersey State League of Municipalities and all municipalities in the State of New Jersey.

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

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

NAYS: None.

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

Councilman Butler: There are two different bills which we had to track down--originally that this was Bill No. 12A95. In doing research we found out that there was no such bill, and the bill number was changed to No. 1288. Michael Patrick Carroll is the legislator who is supporting this bill. Since the 1970's we have had rent control in this town. It is difficult for the tenants to pay 3% increases. What would happen if the owners could raise rents more than that? We should work together to let the governor and legislators of both parties know that we are against this. Putting enough pressure may turn this around. We need your help.

Councilman Redmond: We do a disservice by not speaking out on the removal of rent controls. Tax increases to landlords are going to be passed on to the tenants. This borders on obscene. I was going through an issue of Families magazine which is a widely circulated magazine to the educators in the field of developmental disabilities. Anita Clavering appears in this magazine.

Prior to the roll call vote President Maher opened a public portion.

Ms. Well: Recently the Asbury Park Press reported that New Jersey ranks among the top with respect to high rents. Many people cannot live in this state. This would be an obscenity to let this happen. Fixed income residents will be forced to move out of Old Bridge.

Resident of Glenwood Apartment: Current rent for a two bedroom apartment is $970. If rent control is lifted, I cannot afford to live here more than two years.

Mr. Bathe: If this legislation goes through, we will have a problem. In cities there are families living in cardboard boxes.

Ms. Kutno: I am the apartment manager at Glenwood. I have to tell prospective tenants that they need a $50,000 income for a $970 apartment. Please retain rent control.

Councilwoman Marinaccio: Do we have intentions of going out to other towns?

Councilman Butler: I am working with other towns in New Jersey as well as the tenants association to have other meetings. I would like a copy of the resolution be mailed to the government and the majority and minority party.

Mayor Cannon: We have had rent control in this township since the 1970's. Since we have many units in town, it gives us a way to accommodate people of varied incomes. We have rent decontrol for new residents, but once you are here for four years, you go to rent control and remain there until you leave the township. I shall do my part to ensure that this legislation goes no where.

Preliminary Public Comments.

Barbara Moreno: I come here with my life in disarray. I am an employee of Old Bridge for fourteen years; my job title is "Custodian/Low Pressure Fireman in Charge". I am presently out on worker's compensation due to surgery on my back five weeks ago. The township has treated me fairly. I have been considering retiring. It has been suggested by my doctor and my attorney to ask Ms. Shepler to extend my leave until July 31, 2001, and I would retire August 1. I need this time to get on to social security. She flatly refused and asked me what the voters of Old Bridge would say if she paid me to stay at home. Would the taxpayers rather run the risk of my getting injured again? I have had six surgeries due to my job.

I am involved in a contract litigation with the township. My partner and I have held black seal licenses for low pressure boilers for seven years and have never been compensated. The township labor attorney was checking with the state. With no settlement on our contract, the state has agreed they must give us the stipend. In order to receive this stipend our shifts will be split in three. We will be expected to run to the boiler room which is not in this building once every thirty minutes to log into the books. We have asked for a $2,000 raise. Our duties will also include cleaning. Stipends and rewards are given in this complex constantly at the Mayor's discretion for whom she sees fit to receive it. This is blatant discrimination against my partner and me. This is unfair and may become a court case. I appeal to you that the boiler according to the State of New Jersey is to be checked every two hours. When I was hired fourteen years ago, there were eleven custodians. Currently, there are two full and two part timers. The job has been downsized and what is fair for some, is not fair for all.

Mr. Koehler: I have devoted my career to solving environmental problems. The spillway at Cheesequake Dam is broken. If anything were to happen to clog the crack, there could be serious problems. Some way needs to be found to make an emergency repair and then worry about the bureaucratic requirements after that.

Mr. Wetstein: Township with a Heart is having its annual fund raising dinner on November 10. This is a private organization which helps the needy of this township. The Outback Steakhouse donates the food and service and tickets are $50.00. I look forward to seeing many of you.

Mr. Vitale: This referendum is a tax increase. If this passes, we will empower you with our finances. This government has not produced a budget yet this year. Why would the taxpayer want to empower you? Mr. Haney had a trust fund for open space with $500,000. The balance is $300,000. If this money were invested correctly, there would be no need for a referendum. Instead of a referendum we should ask for volunteers to fund open space. What will become of the land that is purchased? We the residents receive a partial deed, and will it remain open space? Can I sell my portion back to the township? We need to have the governing body explain to the public what is happening - how much to be raised, what the land is going to be dedicated to and for and put guidelines that respects the public's interest.

We purchased Rose Farm. I see signs prohibiting hunting. I am a hunter who owns part of that property. Who gave this township the right to close it to anything? Say "no" to the referendum. Dennis Maher is fiscally responsible looking for the biggest tax cuts. You would not need to take $30 from the public because you would cut waste and use it as a surplus and utilize it to purchase open space. There would never be a tax increase. Mayor, I have never heard a Republican ask for a tax increase and try to feed it as a fast food meal.

Blanche Hoffman: I ask you for a letter of commitment in connection with an Office of Environmental Planning Grant. The Old Bridge Environmental Commission has received a program guide and an application package for an environmental services matching grant program. The NJDEP environmental services program is continuing its matching grant program which enhances the environmental quality in New Jersey. Through past grants Old Bridge has completed an environmental resource and open space inventory and a green way planning projects.

The grants are for $2500 which must be matched by the township. The deadline for submission of the grant is December 1, 2000. The Old Bridge Environmental Commission plans to apply for an environmental grant for a integrated mapping system. The requirement for filing is a letter of commitment from the council stating that if the grant application is approved, matching funds will be available. I am asking for a letter of commitment by November 15 so that the Old Bridge Environmental Commission can move forward with the grant application.

With respect to the green way open space comments, this is a tax. If we do not take and purchase land, it will be developed. If so, the services that go with the development of land far outweigh the revenue received. It has been mentioned that Mr. Haney had an open space fund. This was not a stable fund, but a whim of the council. Both the county and state have matching grants. If we do not have a stable funding mechanism in Old Bridge, we will not be able to get money from the county and state. Other communities will be getting this money. An open space referendum is good for Old Bridge.

Councilman Redmond: We need a commitment from the council by a date certain for the matching grant. We need this on the agenda for our first meeting in November.

Ms. Hoffman: I need a commitment by November 15 in order to file this by December 1.

President Maher: Please put this on the agenda for November 13.

Hearing

Parks Edge - Reduction of performance guarantee - adjournment requested by developer. Suggested date: Monday, December 11, 2000.

President Maher: Action needs to be taken on the form of notice - certified or regular mail.

Councilman Redmond: Certified mail.

Mike Bastedo: I receive a notice via certified mail to show up at these meetings and many times the hearings are postponed. When does the township know that the meetings are postponed?

Clerk Saracino: We may only find out the day of the hearing. You can contact the Clerk's office to determine if there have been any changes.

Motion

to require that renotice of the hearing for the reduction of the performance guarantee of Park's Edge be by certified mail made by Councilman Hoff, seconded by Councilman Sohor and so ordered on the following roll call vote:

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

NAYS: None.

Consent Agenda.

No. 554 Approval of Bingo/Raffle License.

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:

BA 73-00 Temple Ohav Shalom
BA 01-01 St. Thomas the Apostle Home School Association
RA 02-01 St. Thomas the Apostle Home School Association
RA 03-01 Catholic Daughters of America Queenship of Mary
RA 04-01 Catholic Daughters of America Queenship of Mary

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

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

NAYS: None.

No. 555 Awarding Contract No. 00-39 to Rochez Bros. in the amount of $32,250.00 for road salt.

RESOLUTION

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

WHEREAS, Township of Old Bridge advertised and received bids for Contract #00-39 for road salt; and

WHEREAS, bids were received and opened on September 20, 2000; and

WHEREAS, the Township Council wishes to award the contract for road salt;

WHEREAS, the Director of Public Works recommends that a contract be awarded to Rochez Bros., located at 600 Ross Avenue, Pittsburgh, NJ 15221 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:

Rochez Bros. is hereby awarded a contract in the amount of $32,250.00 for road salt in accordance with the specifications advertised therefor.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #928 certifying the existence of a sufficient appropriation to fund the said contract.
The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of the 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 vender 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.

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

Moved 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, Councilwoman Marinaccio, President Maher.

NAYS: None.

No. 556 Canceling appropriation balance in the amount of $110.17 for the Safe Housing Grant.

RESOLUTION

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

WHEREAS, Safe Housing Grant has a remaining outstanding balance; and

WHEREAS, it is necessary to formally cancel the outstanding appropriation balance listed below:

Safe Housing Grant

Safe Housing Grant $110.17

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the above listed appropriation balance totaling $110.17 be canceled.

Moved 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, Councilwoman Marinaccio, President Maher.

NAYS: None.

No. 557 Rescinding Resolution No. 491 and authorizing substitution resolution authorizing payment of accumulated time to Al Williams in the amount of $12,727.56.

RESOLUTION

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

WHEREAS, the Township Council of the Township of Old Bridge has a policy which requires the Township Council's authorization of any pay out of accumulated time, $5,000 or greater, to be authorized by resolution; and

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

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that a lump sum pay out of accumulated time is hereby authorized to be paid to Al Williams in the amount of $12,727.56

Sick (2.75) $404.24

Vacation (12) $1,763.97

Compensatory Time (538.75 hrs.) $10,559.34

TOTAL $12,727.56

BE IT FURTHER RESOLVED that Resolution No. 491-00 is hereby rescinded.

Moved 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, Councilwoman Marinaccio, President Maher.

NAYS: None.

No. 558 Awarding Contract No. 00-41 to Winner Ford in the amount of $34,231.61 for a 2001 Ford Super Cab Pickup Truck.

RESOLUTION

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

WHEREAS, Township of Old Bridge advertised and received bids for Contract #00-41 for pick-up truck with plow and spreader; and

WHEREAS, a bid was received and opened on October 4, 2000; and

WHEREAS, the Township Council wishes to award the contract for the Ford Supercad pickup truck with plow and spreader;

WHEREAS, the Director of Public Works recommends that a contract be awarded to Winner Ford, located at 250 Haddonfield Berlin Road, Cherry Hill, NJ 08034 as they submitted the only bid.

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

1 Winner Ford is hereby awarded a contract in the amount of $34,231.61 for a pick up truck with plow and spreader 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 #929 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 the 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.

Moved 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, Councilwoman Marinaccio, President Maher.

NAYS: None.

No. 559 Authorizing Mayor and Clerk to execute release re CADD disk for Township v. Sommers case

RESOLUTION

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

WHEREAS, the Township Legal Department had requested T&M Associates to perform a survey and wetland delineation for the Sommer property, which is currently the subject of litigation; and

WHEREAS, T&M Associates requires signature of an Electronic Media Release and Indemnification before providing said survey and wetland delineation on a CADD Disk.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Mayor and the Township Clerk are hereby authorized to sign the Release.

Moved 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, Councilwoman Marinaccio, President Maher.

NAYS: None.

No. 560 Authorizing temporary emergency budget appropriation for Fiscal Year 2001 - current budget $1,875,000 and Arena Utility $105,000 for a total of $1,980,000.

RESOLUTION

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

WHEREAS, there will be a delay in the adoption of the 2001 Township of Old Bridge, County of Middlesex, New Jersey, Municipal Budget; and

WHEREAS, if additional funds are not budgeted for the following, the public welfare will be adversely affected.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey, that in accordance with NJSA 40A:4-20 an emergency temporary appropriation be and same is hereby made for in the amount of $1,980,000.00 and that said emergency temporary appropriation shall be provided in full in the 2001 budget. (See attached.)

Current Budget

Other Expenses $1,875,000.00

Arena Utility

Other Expenses $105,000.00

Total $1,980,000.00

Moved 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, Councilwoman Marinaccio, President Maher.

NAYS: None.

No. 561 Authorizing payment of $850,000 as per settlement agreement in Global v 280 Development , et al.

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

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

NAYS: None.

No. 562 Authorizing tax collector to cancel taxes for Block 1, Lots 47, 48 and 48.29 and issue appropriate refund.

RESOLUTION

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

WHEREAS, the Township acquired certain lands and premises described as Block 1, Lots 47, 48 and 48.29 on the tax map of the Township of Old Bridge; and

WHEREAS, the property owner from whom the property was acquired continued to pay the taxes; and

WHEREAS, the Township Tax Collector needs a resolution by the Township Council canceling the taxes in order to make the appropriate refund.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Tax Collector is hereby authorized to cancel taxes from the date August 13, 1999 forward with respect to lands and premises known as Block 1, Lots 47, 48 and 48.29 and is further requested to make the appropriate refund.

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

Moved 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, Councilwoman Marinaccio, President Maher.

NAYS: None.

No. 563 Authorizing Mayor and Clerk to sign deed of easement and right-of-way re: Steamboat Landing Road.

RESOLUTION

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

WHEREAS, Steamboat Landing Road is vacated and there is a need for the Township to execute a Deed of Easement and Right of Way in order to facilitate the OBMUA as well as utility companies access to enter the lands, replace, and repair existing lines.

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

1. That the Deed of Easement and Right of Way attached to this resolution may forthwith be entered by the Township of Old Bridge.

The Mayor and Township Clerk are hereby authorized to execute the documents necessary to implement this agreement. The Township Attorney shall review any and all contractual documents prepared in furtherance of this agreement.

Moved 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, Councilwoman Marinaccio, President Maher.

NAYS: None.

No. 564 Directing legal department to forward to planning board request for investigation of former O&Y property as property in need of redevelopment.

RESOLUTION

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

the Planning Board of the Township of Old Bridge is hereby instructed to undertake a preliminary investigation to determine whether the parcel of land commonly known as the Olympia & York property and more fully described in a description on file with the Township Clerk is an area in need of redevelopment in accordance with NJSA 40A:12A-6.

Moved 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, Councilwoman Marinaccio, President Maher.

NAYS: None.

No. 565 Accepting and approving final construction plans and specifications for Rt. 516/Bushnell Road traffic light.

RESOLUTION

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

WHEREAS, the County Engineer requires a Township Resolution of acceptance and approval of the final construction plans and specifications for improvements to the intersection of Route 516 and Bushnell/Red Oak Lane; and

WHEREAS, the Township Engineer does hereby accept and approve final plans and specifications prepared by the County's Consulting Engineer.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the final construction plans and specifications for improvements to the intersection of Route 516 and Bushnell Road/Red Oak Lane are hereby approved.

BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be forwarded to the Township Engineering Department, the Middlesex County Engineer and the Middlesex Board of Chosen Freeholders requesting that they proceed with the bid phase of this project.

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

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

NAYS: None.

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

Councilman Greene: The (back up material to) resolution that I have dated October 6 states that it is the township's obligation to pay "5%". I believe that should be correct to read "50%".

Ms. Shepler: You are correct. The amount is 50%.

Councilman Testino: I thank the engineer for the plans which were placed in the council office. Is Mr. Iglesias approving the plan as set forth, and he believes this is the best design to ease the traffic through the intersection?

Ms. Shepler: Yes he is approving the plans, and yes, we feel that is the most appropriate (design).

President Maher opened a public portion.

Mr. Pagnotta: Gave his opinion on the design at Bushnell Road.

Seeing no further hands President Maher closed the public portion.

No. 566 Authorizing extension of NJ Transit Park and Ride Facility. TABLED

RESOLUTION

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

WHEREAS, New Jersey Transit leases the Park and Ride facility located at Rt. 9 and Westminster Road; and

WHEREAS, the lease period has expired; and

WHEREAS, New Jersey Transit has proposed a modification of the lease which would extend the lease period to December 31, 2003.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, hereby agrees to enter into a Lease Modification Agreement with New Jersey Transit (on file with the Township Clerk) which shall extend the lease of the Park and Ride Facility located at Rt. 9 and Westminster Road until December 31, 2003.

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign all documents necessary to effectuate this resolution.

Moved to table 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. 567 Memorializing action of council re: sale of Ferry Road property (Barsel) to Housing Authority and authorizing township attorney and Housing Authority attorney to finalize agreement.

RESOLUTION

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

the Township of Old Bridge hereby approves in concept the sale and transfer of the property owned by the Township located off Ferry Road (commonly known as the Barsel property) to the Old Bridge Housing Authority.

BE IT FURTHER RESOLVED that the Township Attorney is hereby directed to initiate discussions with the attorney for the Housing Authority to negotiated the final form of the contract for sale. The Township Council directs that the various contract conditions and terms described by the Township Attorney at the Township Council meeting of October 16, 2000 shall be incorporated in to the language of the agreement.

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

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

NAYS: Councilmen Greene, Sohor, Councilwoman Marinaccio.

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

Councilman Hoff: There is a motion to memorialize the action of the Township Council regarding the sale of the Ferry Road property (Barsel) to the Housing Authority. The resolution states {Councilman Hoff reads the resolution as above). I wanted the full impact of the motion spread across the minutes.

Councilman Sohor: I restate comments from last week in light of the fact that an auction occurred last Wednesday for the property. Contrary to the "nay saying", we did receive a bid of $1,020,000 for that property from a private developer. The purpose for which the developer wants to use this property is, I believe, not the best use for that property. It is a private development which would generate tax revenues for this township. Based on the developer's proposal and based on the fact that the developer has long-standing in the State of New Jersey and has done much development in New Jersey, I believe that the developer is sincere about his plans. Had the council accepted my suggestion last week, the Housing Authority would have bee the recipient of the $1,020,000 sale price of the property. Because of the nature of the proposed development of this property, the Housing Authority could expect twenty units for low income senior housing at no cost to them which would be worth about $2 million (based on the units the developer is planning to build). The development as proposed by the developer would generate $600,000 in annual tax revenues which would accrue to the benefit of the township, the Board of Education, fire districts and go towards county taxes. The Housing Authority would, after that transaction, be left with $1.6 million more in cash than what the proposal before us would leave them with--$1 million from the sale of the property, and $600,000 they would not have transferred over to the township. They would have low cost units they would be able to rent to seniors. This would put the Housing Authority to develop another project some where else with a lot more money in the bank and a more secure funding base for this project. The township would have the $600,000 in income coming from the tax bodies in the township. I don't buy the argument that this is the only location to put affordable housing. It has been stated that the project being built does not cover our senior housing needs which implies that there are other projects that need to be constructed in the town in order to fulfill the needs of our lower income senior citizens. If you buy the argument that has been put forward here, we can never build additional senior housing because there is no other land for that. I don't buy that argument. There are other sites in the township that can be used. I propose that the property that was a part of the O&Y tract that we originally purchased for senior housing and now are proposing to sell back to the county since we have not been able to find a use for it, that property be given to the Housing Authority. We have already had wetlands delineation done on that property. We have had preliminary work showing that several hundred senior-type units can be built on that property. In addition to the cash that would be offered to the Housing Authority under my proposal plus this additional property, we can make progress as to the senior housing needs. This property is well located with water and sewer available.

Councilman Hoff: I don't know where you get your numbers from. We are talking about affordable senior housing. No way does your proposal deal with affordable senior housing. This is a developer's key to build apartment houses or condos with only 10% to be used by those in the senior finance bracket. You take bids like this where the township and its agencies will take this bid on the condition that the township agencies get him permits by planning and zoning and then he pays the money. You will give away the store. We are here to do the best for the people, and that is to give the seniors affordable senior housing, and not to play games with a real estate developer. The O&Y property is not fit for senior housing. This location (Barsel) is a good one. It is close to the hospital, shopping and the center of town.

Councilman Testino: Is the administration supporting this bid?

Mayor Cannon: We have a valid price; the property is worth $850,000. Age restricted housing is considered economic development because it raises considerable dollars and does not send children to schools. The dollars that would be contributed to the school portion would be free and clear. This was presented with the same concept as the O&Y property. We would have had more bidders if the council had not taken the action less than forty-eight hours prior to a scheduled auction. This site as been designated as economic development for a number of years by this council and also designated as an abatement area. The council supported putting this land to auction on three different occasions - the third one included with the terms of the contract spelled out, and the council agreed to that. I support this. I don't think that we need one without the other. I have been in support of other affordable senior housing, and my record is very clear.

Councilman Testino: Do you support this developer developing this site?

Mayor Cannon: I support going forward with this bid. The merits of this application would rise and fall based on review by either planning or zoning, and I think this would be a benefit to the community. There is other property available for senior affordable housing which I would be willing to give to the Housing Authority at no cost. We have identified at least two sites, and we have others. We have information from non-profit religious organizations who have been successful in getting 202 housing grants.

Councilman Testino: We have other sites that we could develop these units on as well?

Mayor Cannon: Yes.

Councilman Testino: That is the point, and now the debate is not whether or not we want affordable housing or age-restricted housing, but where are you putting the affordable housing?

Mayor Cannon: We have named two sites--one on Ticetown Road and one on Rt. 516.

Councilman Testino: Why not put affordable units in the other two sites?

Mayor Cannon: There are five or six acres that would be appropriate for affordable senior housing, not fifteen acres. What is your message? Is it that you don't want economic development in this town?

Councilman Testino: The message is that I want it on the right location. I don't think it should be on this site - 225 units for ten developable acres.

Mayor Cannon: That is not carved in stone, and that is the job of the reviewing job to evaluate.

Councilman Testino: Did the developer send a conditional amendment to his bid?

Mayor Cannon: Not that I saw.

Councilman Testino: Yes, he did. He sent a letter stating that "I would bid this much if I could get X, Y and Z". and one of the things was that he wanted to 225 units on this site.

Mayor Cannon: He sent a proposal.

Councilman Testino: We put out a bid, and then he sends in a letter which says that he wants to do something else with his conditions. Now, he tells the township that he will pay

$1 million if I can make $20 million on this site. 225 units times $100,000 is $20 million. He is only giving us 10% of his profit. This speaks heavily towards redevelopment zones and making a redevelopment agency. If we had this site under redevelopment or we had a redevelopment agency, we would not be in for $1 million, we would be in for $5 million, and there would be a lot of pluses to the township. Instead, he gives us a conditional bid of 225 units, and if he does not get that, he can walk away with only holding that property away from affordable housing for $20,000, go through whatever he wants with the planning board and your administration. If he does not like it, he walks.

Councilman Sohor: The Housing Authority's bid is the same.

Councilman Testino: The Housing Authority said they would close after ninety days. Everyone has an escape clause, but we are not going to wait one year. As far as I see it, we go out to bid twice, and no one wants it. The Housing Authority wants to do a project. The developer wants to put 225 units on what we have been told in the past is only ten usable acres. That is why this could not be put out to bid. The developer wants an LOI before he closes or before he goes to the boards. How long will that take?

Mayor Cannon: Those are conditions that council approved to put in the bid to make this more business friendly.

Councilman Testino: This was not in the bi