An agenda meeting of the Township Council was held on Monday evening, March 21, 2005 in the Municipal Complex. The meeting was called to order at 7:30 p.m. by President Baker who asked all present to participate in a salute to the flag which was followed by a short prayer.

President Baker asked for a moment of silence for our troops who serve abroad and home who protect our freedom each and every day.

Deputy Clerk Stella announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places. Next open public meeting of the Council will be held on March 28, 2005 at 7:30 p.m.

Roll call at 7:35 p.m. by Deputy Clerk Stella Ward showed the following members present: Councilmen Butler, Calogera, Gillespie, Maher, Volkert, Councilwoman Panos, President Baker. Councilman Testino arrived at 7:35 p.m. and Councilman Greene arrived at 7:45 p.m.

APPROVAL OF MINUTES

February 7, 2005 – Combined Meeting

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ORDINANCE FOR SECOND READING

ORD. #07-2005 Halloween Curfew for Minors

President Baker: Next we have an ordinance for second reading on the Halloween Curfew for Minors. I believe we made some adjustments to that and that is in your packet. Any questions on the Halloween Curfew from Council?

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ORDINANCE FOR FIRST READING

FR-1 Ordinance to amend the Land Development Ordinance Article VII – Zoning of the Old Bridge township Land Development Ordinance – Application of Yard
Requirements.

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FR-2 Ordinance to amend the Land Development Ordinance Article IV – Subsection 4-6F “Digitized Copy Required of Final Approved Plans”.

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FR-3 Bond Ordinance - Authorizing various capital improvement projects within the Township of Old Bridge appropriating the sum of $3,741,000.00 and authorizing
the issuance of general obligation bonds or bond anticipation notes in the aggregate principal amount of up to $3,335,000.00. (HS) (Requires submission of Supplemental Debt Statement on date of first reading)

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FR-4 Bond Ordinance – Authorizing the replacement of the roof of the Ice Arena in the Township appropriating the sum of $262,500.00 and authorizing the issuance of general obligation bonds or bond anticipation notes in the aggregate principal amount of up to $250,000.00. (HS) (Requires submission of Supplemental Debt Statement on date of first reading)

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COUNCIL COMMENTS

Councilman Maher: I missed a portion of the Workshop that we had on the bond ordinances, does this include funds for the library in these ordinances?

Councilman Gillespie: No

Mayor Phillips: I know that from my little bit of knowledge from it, I know there was court, and there was a settlement and there was money put aside in a trust fund for repairs on the roof and that's the money we might have to tap in order to put the down payment down. Correct me if I'm wrong, Councilwoman, didn't you have some thoughts about the roof and having someone look at it, the library roof.

Councilwoman Panos: Right. Somebody had offered.

Mayor Phillips: Have they been able to follow through on this? I know that Joe Criscuolo has been trying to get some other people to look at it just to get a second or third opinion. I didn't know if you were able to get up there.

Councilwoman Panos: I gave the name to Mr. Jacobs so I'll follow through with Mike.

Mayor Phillips: It was the name of a roofer or somebody who knew something about roofing.

Councilman Calogera: Somebody from one of our boards too, right?

Councilwoman Panos: Right.

Mayor Phillips: When Mike comes back, Mike is ill, but perhaps we can put it on for a half hour before an Agenda Meeting or something. I think it has to be done. Before I would spend that kind of money I really would like second or third opinions.

Councilman Maher: I was kind of surprised to see this on here. I had asked for some specific questions last week from Mr. Jacobs with respect to the bond ordinance and the drainage improvements and no one has gotten back to me; Higgins and Ticetown and Higgins and 516. I tried to get Mike and was told he hasn't been in.

Mayor Phillips: He has been out since last Thursday.

Mr. Shah: Based on the discussion as I understand it, and Natasha is not here tonight, we added $250,000.00 and the engineering department is looking into the cost as to whether it is going to cover that. We have funds available from previous bond ordinances for the drainage projects along with the $250,000.00 that was added to this list. We should have sufficient funds to cover the cost. This ordinance does add $250,000.00 for drainage projects.

Mayor Phillips: I spoke to Mike today and he is hoping to come in maybe a half day tomorrow. He got hit with one ailment and then got hit with the flu and so he is trying to be back. Hopefully before next Monday you and he will get together and he will tell you where the money is to take care of Higgins.

Councilwoman Panos: I know that there is that $300,000.00 that is set aside, that's for a designated area, correct.

Mr. Shah: Is that for the _______Central North that you're referring to?

Councilwoman Panos: Yes. I thought it was $300,000.00 set aside for that.

P. Sumal: Inaudible.

Councilman Calogera: I was curious as to the bonding of the vehicles, are we looking at other type vehicles for engineering and code enforcement or are we just going with those Explorers or something?

Mr. Shah: I believe Mike looked at various vehicles for code enforcement and I believe it is on the Agenda for next week's meeting for you to approve 3 Chevy Blazers. That's what he has recommended.

Councilman Calogera: What's the cost of the Blazers?

Mr. Shah: I believe $18,500.00.

DISCUSSION ORDINANCE

DO-1 Ordinance governing the preservation, protection, maintenance and removal of trees and shrubs within the Township of Old Bridge. (JJC).

Attorney Convery: I wanted to get this back before you because I think it is in the long run important to the town. Number one we're talking about preserving the existing trees. Secondly we're talking about where a developer gets an approval to prevent him from clear cutting a lot. Right now you have a situation where a developer gets an approval and he can go out and just cut down every tree on the lot with no real penalty to him. And, you're talking about a situation where if we have this ordinance in place it may preserve a lot of trees on site because a developer knows if he just cuts them all down he is going to be paying into a tree replacement fund. That's a main point. The fund itself, I can tell you that this is modeled after the Monroe Ordinance which passed a court test which is modeled after the East Brunswick Ordinance. In fact, Jackson has an Ordinance very, very similar. So, other towns are starting to do this because they want to prevent clear cutting and they also want to collect money so they can put trees on municipal property. So I think it is important. I'm not asking you to move this up. I would like to take an opportunity to maybe craft it a little better regarding the tree trust fund. I would like to make a change whereby the conservation officer is paid out of the trust fund so there is no question that he is not going to be paid out of municipal or tax payer monies. So, what I would say is this, I would like you to review it. If you have any questions, don't hesitate to call me to make modifications if necessary and rather than putting it on for first reading on the 28th I would ask you to carry it another cycle.

Councilman Calogera: Have you been in consultation with Gary Lovallo about this?

Attorney Convery: Gary and I actually both went to a presentation. We made a joint presentation regarding this at a convention of landscape architects because they were aware of the fact that I was involved with Monroe and that had gone to a court test. Gary is the conservation officer or tree expert in Jackson which is also involved in a court case. So the two of us had been involved in litigation regarding this kind of thing.

Councilman Calogera: I think, if I'm not mistaken, we had passed something on Gary's recommendation prior. I don't know if it went that far but I know it addressed individual lots and I know we do have an ordinance on the books now.

Attorney Convery: I'm not aware of any specific one that has an inspection where you can't remove a tree. If Gary had proposed it before I was Township Attorney I'm really not familiar with it.

Councilman Calogera: In the meantime, I will talk to Sam Rizzo just to see what was worked on.

Councilwoman Panos: A conservation officer, will that be a new position?

Attorney Convery: I don't think your zoning officer really has the background to go out and inspect trees as to whether or not they're diseased or whether or not they should be taken down or whether or not they can be replaced, things of that sort so I think you need somebody with a background in regard to trees. My proposal would be that the tree expert who makes these determinations be paid out of the tree escrow fund itself similar to what we do with inspections in the land use field where if somebody goes out and does an inspection for the town whether it's a consultant or a Township Engineer, it's not paid by taxpayer fund, he's paid out of an escrow account. The same concept would apply here. That's why I want to craft it a little bit better to show that the conservation officer, whether we use that term or tree expert or forest or whatever term we use, that that person be paid out of the fund.

Mayor Phillips: I have spoken to Gary Lovallo on this. Gary is for some way, I'm going to use the term, arborist, for the Township already. He is more than willing to serve in this capacity to try to bring about this ordinance and to do the necessary work. I just wanted to make you aware of that. Probably if I had to tell you today if this ordinance will go into effect and we needed someone to perform this type of service, I believe the first one at the head of the list would be Gary Lovallo. He lives in town, he has performed this service before. He does this for the planning board. So he'd be willing to do it.

Councilwoman Panos: Is it something we'd share services with? How much work does a conservation officer get? Would it be maybe a good idea to share it with another town?

Attorney Convery: I wouldn't propose it be full time position. He'd be paid for the work that he does and I believe he does this work in other towns as well.

Councilman Calogera: Can you provide me, before this, with a rate schedule as to what the usual fees are for this and how much will come out of escrow. Are we talking about turning over 100% of the escrow charges or will the town retain some of the escrow charges and then pay this person a given rate?

Attorney Convery: I haven't actually drafted it yet but my concept is this. That it be broken town on the tree escrow fund. Most of the money goes toward trees and putting trees either on municipal property or shade trees along the roads. I would propose that there be a limit for what can be paid for services. For example COAH might have a limit of 20% on administrative fees; it may have 30% on some other aspects. I'll be looking to craft something where only a certain percentage can be spent on professional fees. The bulk of it has to go for trees.

Councilman Calogera: That's my concern because I don't want to wind up having a fund and we're paying salaries out and we have no money left to plant trees.

Attorney Convery: I can tell you right now that in Monroe, at the moment, they have close to a million dollars in the fund for planting of trees because they have so much large development going in and the developers are paying huge amounts of money into the tree fund.

Councilman Maher: Mr. Convery is my interpretation here with respect to the exemptions that item #4 under exemptions in a subdivision a homeowner, anybody less than one acre, they don't have to take this permit out. They don't have to pay the permit fee.

Attorney Convery: There are certain exemptions. Are you referring to any particular section?

Councilman Maher: Section D, item 4. It says exemptions from ordinance. I'm concerned because most of the Township is made up of subdivisions. A homeowner does not have to take a permit out for item #4.

Attorney Convery: Any destruction or removal of trees except specimen trees which would be like huge trees shall be exempt from the provisions of the chapter if the trees for destruction or removal are located on property less than one acre provided no more than five trees per year. So yes they'd be exempt. We're talking about property of less than one acre and they can only remove 5 trees in a year. If they have to remove more than five trees at a particular time then they come back into the ordinance.

Councilman Maher: So a homeowner living in Merritt Estates or Highpointe does not have to take a permit out to do this.

Attorney Convery: As long as they take down five trees within one year or less.

President Baker: Based on the Council's suggestions we're not going to move this up. We're going to let it go another cycle so that Council has an opportunity to review the package.

Councilman Testino: I'm as concerned as Mr. Maher is about the private homeowners being caught up in this. I'm not ready to support it. We're over regulating the homeowners as it is.

Councilwoman Panos: I have a unique situation possibly down in south Old Bridge. I know Dupont owns a lot of property. They're a private ownership. When they start clearing their trees, they're a private owner, but can they go clear cutting their property at certain points?

Attorney Convery: Unless they come under a specific exemption then they would have to get the permits and there would have to be an inspection and so obviously they're more than one acre, they're not a working farm. Unless they had a management plan that was approved by the State DEP or it constituted a nursery garden center or orchard, they would have to get the permit. So somebody from the town, after this is in place, would have to go out and verify what they're doing. They just can't clear cut, even if it's their own property.

Councilman Gillespie: I think that all the issues that everyone has raised here are issues that I would be willing to support when it came back up.

DO-2 Ordinance amending Section 10-8.9 Parking Permit Only in designated residential areas to add the following streets: Southwood Drive from Ridge Road to Route 516; all of Ridge Road; all of Robin Lane from 9:00 p.m. Friday to 5:00 a.m. Saturday and 9:00 p.m. Saturday to 5:00 a.m. Sunday. (LP/MJ)

Councilwoman Panos: Did anybody get the actual DO-2 in their packet? This we know is tailored to alleviate some of the problems due to the Breakfast Club and I definitely want to see something, I don't know where the Breakfast Club stands in the courts. Until that is all cleared up, we have to help these residents out.

Attorney Convery: I know Mike Jacobs did a survey, you were involved and obviously you want the ordinance in place for the benefit of the people who live in the area. I can tell you that the Breakfast Club has negotiated a parking situation where they'll have an additional hundred spots in the Temple area. The people would pull onto the Breakfast Club property and then they would be parked on the Temple property so they wouldn't have to go across the street to Ridge, etc. This is not set in stone, this is a proposal. Secondly, they have agreed to apply to the Zoning Board of Adjustment which was a point of contention. They went to court with the Zoning Board about a month ago and after discussion with the judge, they withdrew their complaint that they weren't subject to Zoning Board jurisdiction. So they are going to apply to the Zoning Board, hopefully it will be very shortly and then all these issues can be before the Zoning Board dealing with parking, valet parking and occupancy. But I think that it would be a good idea to go forth with the ordinance to protect the people who live in the area.

Councilwoman Panos: I agree.

President Baker: I agree wholeheartedly. I would like to see this moved up.

Councilman Calogera: I think it's long overdue.

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AR-1 Authorizing Mayor and Clerk to execute agreement with Middlesex County Re 2005 Municipal Alliance (deadline to file March 28, 2005)

RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY FOR A 2005 GRANT FOR THE MUNICIPAL ALLIANCE PROGRAM

RESOLUTION #131

WHEREAS, the County of Middlesex has received a grant from the State to provide the sum of $54,133.00 to the Township of Old Bridge to be used for alcoholism and drug abuse prevention and education services provided by the municipal alliance programs.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the execution of the agreement with the County of Middlesex and the Township of Old Bridge is hereby authorized; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign any and all documents necessary to effectuate the terms of this agreement as may be approved in form by the Township Attorney.

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

AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Volkert, Councilwoman Panos, President Baker

NAYS: None

ABSENT FROM PODIUM: Councilman Testino

Prior to the vote, President Baker opened the public portion. Seeing no hands, President Baker closed the public portion.

CONSENT AGENDA

C-1 Resolution authorizing Pinkiewicz Property – Phase I Environmental Review

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C-2 Emergency appropriation bid and the same is hereby made for Snow Removal – Salaries and Wages in the aggregate amount of $15,000.00 and other expenses in the amount of $100,000.00.

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C-3 Chapter 159 – Corrections in 2005 Budget regarding matching funds for grants – Local match for Information and Assistance Grant.

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C-4 Resolution to cancel balances for the Information and Assistance Grant in the amount of $306.00 for the Receivable and $306.00 for the Appropriation. Only spent $6,694.00 for defibrillators out of the $7,000.00 grant. (cannot use elsewhere)

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C-5 Resolution for approval of Carter's Children's Wear Annual Tent Sale for five (5) Days April 13, 2005 – April17, 2005.

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C-6 Resolution approving and accepting the final construction plans and specifications for improvements to the intersection of Route 516 and Owens Road as per County/Township agreement and authorizing Department of Finance to appropriate $250,000.00 ( CERT # )

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C-7 Resolution adopting a residential Anti-Displacement and Relocation Plan as part of the CDBG Program.

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C-8 Granting permission to Old Bridge Municipal Utilities Authority to submit application and obtain required tidelands conveyances and permits – Laurence Harbor Interceptor.

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C-9 Amending Green Acres Project Agreement for Cedar Ridge II Acquisition to secure additional grant award of $800,000 (bringing total project grant to $6,100,000.00.

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C-10 Requesting approval of N.J. Department of Transportation re mid-block bus stop Route 9 North and Ferry Road.

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C-11 Approving Old Bridge Captains Association collective negotiations agreement.

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C-12 Resolution authorizing Professional Services Contract with CME Associates for Improvements to Yardley Manor in the amount “Not To Exceed” $11,900.00. (Money to be taken from inspection escrow) (CERT #1319)

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C-13 Authorizing purchase of three (3) 2005 Chevrolet Blazer vehicles for Department of Code Enforcement from Warnock Motor Sales in the amount of $55,000.00 Contract No. A53131 (CERT. #1320)

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President Baker: If the Council has had an opportunity to review the Consent Agenda, I would ask the Council for any comments from C-1 through C-13.

COUNCIL COMMENTS

Council Calogera: About C-12, the question is, if Yardley Manor is already a built development, what improvements are being done there to require us to hire CME as engineering firm, for what purpose and the scope of the work so that we can decide if that was something that could be done in-house.

President Baker: Let me see if the administration is prepared to deal with that. I know that Michael handled that personally but let me see if we can get you an answer, if not tonight, before next week's meeting. I also have some insight into that Kevin that I can share with you.

Councilman Calogera: My concern, to be honest with you, is this. There is a whole process here that coordinates with the Clerk with bid opening. Our Clerk is capable of doing many things, that of one which is definitely a minimum. Prepare advisement. Our Clerk's office does that all the time. Prepare a list of prospective bidders, summary of bidder sheet, attend bid opening. I think there are a number of things that are very basic that to farm out is really not necessary. The question would also relate, and please educate me on this. When we take in money for these developments in escrow, I know it comes from the builders, but at the end of the year when there is money left over does it not revert into our general fund?

Attorney Convery: No, it's escrow money, it's trust money. It goes back to the developer who posted it. It's like when you have a bond release or whatever, anything that is left over, it's certified that the job is complete and the money goes back to the developer.

Councilman Calogera: Okay, but in the event where we have people capable of doing things that are on salary aren't we by taking the escrow money and using it to subsidize their salaries and therefore lowering the cost to the taxpayer by doing that instead of farming it out.

Attorney Convery: This is a situation where there is money in an inspection trust fund. My understanding is Mr. Jacobs as the business administrator was seeking an outside consultant to do this because he didn't want to take away from the existing staff that would be out there inspecting other properties and as we have just indicated, the fees to pay for the professional services regarding the inspections would come out of the developer's inspection fee fund.

Councilman Calogera: I understand that. I would rather use it to pay our people and subsidize their salaries to keep our expenses down which is exactly what we would be doing it we could do it in-house, if we have that capability, rather than paying it on the outside because we're still going to pay our people X amount in the salary per year.

Attorney Convery: You'll have to speak to Mr. Jacobs because it's a question of whether or not the manpower is available to do this and it doesn't put any money in our fund. It doesn't lower our taxes by our people doing the inspection. The money is going to be paid out of inspection fund.

Councilman Calogera: Just hypothetically, if we're paying an inspector, let's say $60,000.00 a year and we are collecting funds in escrow from a builder and we send our inspector out, aren't we collecting that money to use for however many hours our inspector was on that project?

Attorney Convery: There is a formula for that to be done but you also have to balance the fact that your inspector is out there spending X amount of hours doing the work on Yardley Manor instead of some other job. That's the balance you have to look at and the question of manpower.

Councilman Calogera: I've been trying to ascertain that but I'll have to wait for a later date before I can answers with regard to that.

President Baker: I can give you a little something. We met with the homeowners and they were quite upset and Mr. Jacobs made a business decision to satisfy the homeowners to move forward. But I agree with you that we can get more input from him and Jim also wants to add something.

Mayor Phillips: This is a matter which came to my attention very early on when I became Mayor. It has been something that Council President Baker and Mike Jacobs have worked on for some time and the Homeowners Assoc. has worked on for some time. Jonathan Heilbrunn has worked together for some time. I was very pleasantly surprised that the Homeowners Assoc. and the administration have come together to try to correct some long standing problems. They met with representatives from CME. They came in with a laundry list with what they felt were deficiencies. The Association, the Administration, the Engineers are all pulling on the rope in the same direction and I understand that hypothetically you may have a situation where you feel that the inspector should be paid out of escrow funds but spring is here. Yardley Manor has been waiting for some of these repairs for some time. To be honest with you, in light of everything that is going on, their argument that perhaps those properties were not inspected properly may hold up. I for the sake of keeping faith with the Homeowners Assoc. would like to move forward with this project basically because it's their money. This is money that was put aside in an escrow fund to do these type of repairs and instead of this money going back to the developer I'd like to see the money spent to correct some of the deficiencies and that, in essence, is what this is all about.

Councilman Calogera: There is nothing on my sheet that tells me one iota what this is for. I still have no clue as to what you are talking about. Has there been a bond release on Yardley Manor builder?

P. Sumal: Inaudible. (did not use microphone)

Councilman Calogera: So there was something evidently wrong when we took it over is that what you're saying?

P. Sumal: Inaudible.

President Baker: They have some drainage issues, the sewers are kind of settling. There is some drainage in the common areas. Mr. Jacobs made the business decision that enough time has passed to seek an engineer to help them.

Councilman Calogera: You guys are asking for money, at least have the courtesy to explain to the Council people what it's about. You just want to rubber stamp without sending me a paper itemizing what the problem is. I'm just trying to ascertain what we're spending taxpayer money on.

President Baker: I agree with you totally but there is no rubber stamp here. That's why we're here to ask and answer any questions you have and not pass it until every single question that you have and I mean every one, is answered to your satisfaction and then you also have the option to separate it and vote no. The people of Yardley Manor came to me as well as the Mayor, and business administrator and we met with the Homeowners Assoc. and this was decided to be the prudent thing to do, but you have your right to vote no if you like.

Councilman Calogera: I just want to have the right to be informed about it and I'm going to continue in this line for a minute.

Mayor Phillips: This is what this meeting is for. If you have any questions, bring them forward.

Councilman Calogera: I would appreciate it if we could be a little more informative in the agenda sheets in telling us what some of the issues are about when that's possible to do without a problem and so we don't have to do this when we get to Council and have to start from scratch. I'd rather be pre-warned or pre-informed as to what it's about. I don't think that's too much to ask for.

Mayor Phillips: It's not too much to ask for but understand this. In the course of a day there are many things that get discussed. This particular one I am familiar with because the Yardley Manor Homeowners Assoc. were probably the first ones through the door to tell me of their problem. Because of that, we researched the money that was available. As Pinder has said there was a punch list that was established. Perhaps the performance bond should not have been released when it was but I can't second guess that. The performance bond was released. There was a punch list. There is money left in the escrow account and I for one along with Councilman Baker and the people from Yardley Manor would like to move ahead with the repairs.

Councilman Calogera: The money in the escrow account is for maintenance. That really was not for repairs. If I remember correctly from my days on the planning board, was to go towards us taking over the drainage basins and for the cost of the maintenance to clean them and so forth and so on. Is that correct?

Mayor Phillips: No.

Mr. Shah: That escrow that you refer to for the detention basin is a separate ordinance that would escrow what Pinder refers to the maintenance is that after you release the bond we require builders to put in two years of maintenance bond, 15% of the total cost only. Right now we are in a situation where we need to address that because that maintenance bond expires and I believe that Mike will be back tomorrow and give you full detail by Monday.

Councilwoman Panos: On C-1, what is the final decision on this?

Attorney Convery: We have an agreement with the attorney for Pinkiewicz on the form of the contract. I have advised the administration that we shouldn't sign the contract because we have to know where we stand on the environmental review. Joe who also was out sick has also solicited four proposals from qualified engineering firms to do this. He just got it in on Friday and unfortunately is out sick today but what we're going to do is review those and get them into a packet for the Council so we can make an informed decision on what's the best firm to go with for the environmental review. But I don't want the town signing the contract to purchase the land until there has been a decision made on the environmental review. On the other hand, I didn't want to hold this up. Because they have an application before the zoning board which is on hold pending this final contract. I can assure you nobody is going to ask you to take action on C-1 unless and until you have seen the four proposals and the administration makes a determination as to which one to go forward with.

Councilwoman Panos: C-6, Rt. 516 and Owens Rd. It says the final construction plans. Does that include when Mannino Park opened? Is that all taken into consideration?

P. Sumal: Yes, this is like Mannino Park.

Councilwoman Panos: I believe once the YMCA gets put in there and the park is opened there will be more traffic and these plans take into consideration, turnoff lanes and everything. That's part of these plans.

P. Sumal: Exactly. There are additional lanes.

Councilman Testino: I assume that the engineering department is satisfied with the plans and you're recommending that we go forward.

P. Sumal: That is correct.

Councilman Testino: You know what our intentions are with regard to the park; you're taking that all into consideration?

Councilman Greene: Just for the record, I just wanted to ask the engineering department if they feel there would be any traffic impact to the residents of Owens Road with Mannino Park. I support the park a thousand percent. I have concerns about the residents and I just want to ask your opinion.

P. Sumal: Inaudible.

Councilman Greene: Do you think there'll be additional traffic going from Cindy St. to 516 through Owens Rd.?

P. Sumal: What we have now is additional lights.

Councilman Maher: Can someone explain to me what we're doing with C-10. Is this an additional bus stop on Ferry Rd. that we're doing. I have read the paperwork and I don't understand it.

R. Saracino, Clerk: What they've done is once they reviewed it they have given us the approvals to go ahead but they need the Council to adopt a resolution.

Councilman Maher: Where would this be? Rt. 9 north and Ferry Rd.? I thought we have one there. Is there going to be another light there which I hope not.

R. Saracino, Clerk: It doesn't say anything about a traffic signal.

Councilman Maher: Rt. 9 and Ferry Rd. is where the A&P is. There is a bus stop there.

President Baker: It's Rt. 9 and Inverness.

Councilman Maher: This says Rt. 9 and Ferry.

Attorney Convery: It says Rt. 9 and Ferry but it actually is beginning at a point 1318 feet north of Ferry Road. Ferry Road is a line of demarcation to start to measure north to where it is. So it's mid-block closer to Inverness parking lot.

Councilman Maher: So this is where the new park and ride is.

President Baker: It is my understanding that this is where the light is already. We just need to take action to formalize it.

APPOINTMENT

A-1 Appointment to the Ethics Board

President Baker: We'll make some appointments to the Ethics Board. I want to thank Councilman Calogera as well as Councilman Greene for reaching out to the Clergy in town and we have the Reverend John Rozembajgier and hopefully the Rabbi Wernik who have agreed to serve on the Ethics Board. If they're both available we'll be asking the Council's blessing to appointment them to the Ethics Board so they can get much needed work started. Again thank you Councilman Calogera and Councilman Greene.

Councilwoman Panos: So now, every seat on the Ethics Board is filled.

President Baker: That would round out the Ethics Board, correct.

Attorney Convery: That would be six people. There are four presently. There's two vacancies for clergy and if both members accept, that will form six.

Councilwoman Panos: Can I have a list of who is on it?

Attorney Convery: I have a list and the Clerk has it as well so I can get it to you.

Councilman Testino: I read that note about the Ethics Board as well and there was something on it about an opinion or research regarding the makeup of the Ethics Board. Is Council here prepared to interact with the Ethics Board attorney on that?

Attorney Convery: I saw the letter, I haven't discussed it with the attorney for the Ethics Board. I think they should have their meeting. They should reorganize, they should select their chairman. I don't think they're looking to take any action on a constitutional question. We have an ordinance in place. It says that there be three clergy on the board and that's been approved by the State. Unless and until somebody raises an issue regarding the constitutionality, I think the Board should just go forward.

Councilman Testino: It has been raised in the past in Mr. Hoff's litigation. I don't know that it's ever been adjudicated. I was wondering why it shows up on the Agenda now when there wasn't a quorum and now we're about to make a quorum for them and where that's coming from and where it's going.

Mayor Phillips: Part of the situation is that the Ethics Board has not met in some time. There was confusion about when an Ethics complaint was filed where did it go. It turns out that they were dutifully filed with the Clerk. The Clerk did her duty and sent them on to the attorney. The attorney perhaps was trying to make contact with the former chairman of the Ethics Board who as I said before was the former chairman. There was a break in communication. Based on conversations I had with Councilwoman Panos and about where this break may have come, I asked John Muir who was a member of the Ethics Board to act as chairman pro tem if it were to bring everyone together. These were some of the questions that he had when he spoke to the attorney. There were just questions that he has. The attorney for the Ethics Board may, in fact, give John the same ruling that our Counsel Convery has given him in that this was made up in the ordinance and it's not a violation of the constitution, etc. But, John Muir has taken it upon himself to contact the attorney, contact the different people, come up with three or four different possible dates, and if you're correct, I do believe April 21st is the date for….April 13th is the date that has been mutually agreed upon by the four and now with your appointment of these other two members, hopefully they can be in attendance. But it does take four to make a quorum. So, with that the Ethics Board will meet and they will go over, I believe, four or five different complaints which have been filed and forwarded to them and they will do their duty.

Councilman Calogera: How many complaints exist in front of the Ethics Board? Do we get copies of them?

President Baker: Yes.

Mayor Phillips: Just to give you a cast of characters, many of the people who are here tonight have been named. Counselor Convery are you in this? I know the Chief is in on one.

Attorney Convery: I would leave it up to the Clerk to give the Council copies of the actual ones that came to the Clerk's office as complaints. There have been e-mails circulating where an individual has claimed that he filed Ethics complaints against me, the Deputy Court Clerk, Chief of Police. I've never actually seen the complaints. So, I'd rather not even comment on it because it's just unfounded heresay, but I believe you're right that there are four or five complaints that are going to be addressed by the Ethics Board and Rose-Marie can probably provide the Council with either copies of the actual letter of complaint or the names of the people who are alleged to have violated the Ethics.

Councilwoman Panos: Everybody on this Ethics Board is aware of the meeting. I saw John Muir the other day and he had no idea what I was talking about.

Mayor Phillips: I can't believe that's true because John Muir was the one who circulated the dates and came up with the meeting.

Councilwoman Panos: I believe I saw him on St. Patrick's Day but maybe he got something after that.

PROCLAMATION (3/28/05)

Bryant McCombs –Boys National Junior Class Record Indoor 400 Meter Run.

PROCLAMATION (3/28/05)

Cable Access Channel Volunteers

PRESENTATION (3/28/05)

Golf Course Update

CERTIFICATE (3/28/05)

Old Bridge Junior Knights Travel Basketball Team

HEARING – 3/28/05

Release/Reduction Performance Guarantee – Bayshore Fitness Center

President Baker: We are going to make a proclamation and on behalf of Council and the administration, we reached out to Barry McCombs who is now the National Champion and he just responded to the Clerk's office. I want to thank the Clerk for sending a letter out. He will be here next Monday and we'll ask the administration to present him with a Proclamation. We also have a Proclamation from the Cable Access Channel volunteer also from the Mayor's office and I've asked through Mr. Testino a golf committee update. We'll ask the director of recreation to give us an update on the golf development. Thank you, Mr. Testino for arranging that. We also have a certificate for the Old Bridge Junior Knights Travel Basketball Team and last but not least we'll have a Hearing on the Bayshore Fitness Center. Any Council questions or comments on our Proclamations, Certificates, and/or Hearing?

Mayor Phillips: The Proclamations, can they be moved up forward so the students can get in and out?

President Baker: Yes.

President Baker opened the public portion.

Darlene Bean: I live at 64 Amboy Rd. I have my husband here tonight, Brian Bean. I have been in contact with Mr. Baker in reference to our property. We have a problem with the Jordan Estates, two residents, who are approximately 10-12 feet on our property with their fence. Mr. Toto removed his fence and put another one up but he's also encroaching upon our easement or our sewer line. He hasn't put the 10 ft. removal wide fence in. I've spoken today to Alex Tucciarone and he said he's not concerned about my property, he's only concerned about having the fence up to safeguard the pool and from anybody getting hurt with the built in pool that's there on Toto's property. So he's not worried about what I'm going through or what my husband is going through. Ms. Costa who lives next door to Mr. Toto, she doesn't want to hear anything. She's three feet on our property. So she said to me to sue her. So I have been in contact with Mr. Baker. Mr. Vincenti was nice enough to write a letter. I know he's no longer in office. I went to see Mr. Pinder last Tuesday and he said he couldn't help me. So, I'm back to square one again and I called Mr. Baker and I'm here tonight. I'd like something done. This has been going on almost a year.

Councilman Testino: These are the two new houses at the end of Jordan Estates.

Darlene Bean: Right and they still have no landscaping all the way on our property. That landscaping is not removed. Even his garbage is coming over. He's got all his siding on our property that blew off his house.

President Baker: We have tried several diplomatic approaches to resolving this at this point. I'll be looking for, if not this evening, Mr. Convery and the administration to give you something in writing within ten business days with what we can do to help you because it shouldn't be you if someone has a fence on your property. It should be us.

Councilman Testino: Inaudible.

Darlene Bean: I know he put a new fence up Saturday, but I'm not sure if it's in the right place and I don't want to go down there because we already got in a tiff over it, he and I, and so I don't want harassment complaints because he already told me to leave him alone or he is going to sign complaints against me.

President Baker: It disappoints me that you had to come out here this evening to accomplish this task but apparently we're going to need more assistance through our legal department and through the administration and I assure you, you'll get that.

Councilman Calogera: I have a question directed to Jerry Convery, legal. If something is on your property illegally, you have a right to take it down yourself, don't you?

Attorney Convery: I wouldn't answer without having more facts. Usually these disputes are boundary line disputes. It isn't always that simple. For example, on Birch Street, I know there are substantially discrepancies in the surveys that lead to a court case that went on for a couple of years. Generally speaking, a citizen who believe that somebody is impinging upon their own property has the right to file a claim against them. Sometimes it cannot be easily resolved, let's say by a zoning officer or an engineering inspector because sometimes there are inconsistencies in the surveys. I'm just giving a general answer. If it's clear cut that there is a survey and both sides agree where the line is and somebody is ten feet over the line, that's relatively simple. But most times they're not that simple.

President Baker: We're not going to solve this this evening but I appreciate your bringing it to our attention. We have your name, address and telephone number. When the administrator gets back would you and your husband be available to meet with the administrator once he gets back and all is well and if the Mayor is available. We'll get you on file and follow this up so it's over.

Darlene Bean: Mr. and Mrs. Costa will be notified by letter. Because I know Mr. Toto was addressed before.

President Baker: It was my understanding that Mrs. Costa received the same letter that Mr. Toto did.

Darlene Bean: Mr. Pinder, I apologize.

President Baker: We're going to start over again because I didn't do a good job in resolving this. We're going to start over again with a meeting with the administrator. Let's take it from there. Then with documentation we'll move forward.

Darlene Bean: In reference to that survey, we both have the same surveyor, so that helps out. I already had my property re-surveyed.

Attorney Convery: Are there monuments out there in the field?

Darlene Bean: Yes, we lived there 40 years already. He's on my mom's property, so it splits. We have 4 acres next to them. It's a little on her property and a little bit on mine.

President Baker: By the end of next week, you and I, the administration and all those involved will meet with a line of action. Even if we tell you that we can't help you, you have to sue. You'll know exactly.

Darlene Bean: Pinder and I had talked where Mr. Vincenti had left off because I was a little bit at a loss there.

President Baker: By a week from next Friday you'll know.

Alicia Rihacek: Ridge Rd. & 516. I'm hoping that you will all consider and pass when it comes up next week the parking permits for the Ridge Rd. Southwood area in specifics with the Breakfast Club. I have a couple of questions but we still have an issue with the sound problems that are coming. On and off, different nights of the weekends for the last three weekends we have had again the Club would make noise. The noise would be a lot louder than what it would be at 11:00 when they start getting busy. Sometimes, every half hour or forty minutes and its not predicated on a side door being open. We're still having these issues. We called the police and they said they would send somebody by. I know the police are still hesitant about doing anything with this particular situation because they do not have a sound meter and we have to go through the Board of Health Dept. to get somebody in here to do another meter reading, which he has done a meter reading on one occasion last year and has found them in violation and was over the limit. As residents we have to deal with waking up in the middle of the night because the house is vibrating due to listening to “Salt and Pepper”. What about the residents who are half a block away who have to hear the fist fights starting in front of the cars because by the time police arrive people have already left. I know that the parking permits will assist in getting these folks from not parking in our area anymore, but there's only so much that patrons who go to a Club who pay for valet parking, no matter where it's parked are not going to pay and they're still going to park in the neighborhood. They're still going to try to get away with it. Will the permit be enforced?

Attorney Convery: You've raised the issue of the noise and I'll have to talk to the administration about taking a reading that will hold up in court. That's number one. Number two is you mentioned valet parking and you said if it's paid for then they're not going to pay and that's a good point. So what I think I will have to do is discuss with the attorney for the Breakfast Club that if and when they get approval for the valet parking that it be at no charge to the customers, which is a very good point that you've made and therefore there be no incentive for somebody to park anywhere else. If you were here earlier, I said that they are going to apply to the zoning board and then once it's before the zoning board then anybody from the public can go forward and testify at a hearing as to any and all concerns that they or complaints or whatever so that hopefully the zoning board can address those issues as well.

Alicia Rihacek: Ms. Berlen has my phone number, if she could contact me before it goes to the zoning board.

Attorney Convery: You also can get on a list with the zoning board or do a letter that you want to be notified even if you are not within 200 feet.

Linda Seiler: Ward 4. First I would like to say I really appreciate being able to sit in on this most productive agenda meeting. This is what agenda meetings are all about and I think this was handled really well. I think there is a need to televise it because the purpose of the agenda meeting is really the first exposure of ordinances and items that may be moved up to the agenda. The public has the right and the need to know about what's going on at these agenda meetings. At the next meeting you have a first reading and there really is not much comment or discussion. Then comes the second reading and at that time the vote is taken but as we all know the agenda for the second reading comes out late Thursday or early Friday and the public really doesn't have time to do much research. If they hear the beginning arguments at the agenda meeting then they can spend the next week or two looking into the items because they know what it's all about. So I respectfully request that we televise the agenda meetings. If we don't have sufficient staff volunteers, I'm telling you now on the record I volunteer and with a little training I'm sure I can operate this camera and at no charge to the Council. But there is no reason why these meetings should not be televised for lack of staff because right in front of you is a person who is willing to be the staff. Secondly Mr. Baker, I think it was very nice of you to afford the citizens who came and spoke here tonight the courtesy of letting them go beyond the three minutes. I hope that you allow that equally to all people who come here before the Council.

The next thing is I would like to know the nature of the Proclamation on the Cable TV Volunteers.

President Baker: I haven't read the Proclamation, it's to recognize their service over the past decade. Anyone like to be more elaborate than that? No. That's it.

Linda Seiler: Has there been any movement on the question that I posed last week about allowing citizens, not just myself, but other citizens become volunteers at the cable TV station?

President Baker: No.

Linda Seiler: But I will have it now, from the original 30 days we're down to 23 days. Within 23 days I'll get a written response as you promised at the last meeting.

President Baker: Correct. You're still questioning why you haven't been appointed a volunteer at the TV station?

Linda Seiler: No, not why I haven't been appointed. The question is why can't citizens, including myself, volunteer at the TV station and I'm going further. I'm asking for a request, some action by the Council, to make the provision. It's more than just a request for me to participate. I think that the citizens who are paying for this cable TV station should be able to produce responsible programs or volunteer in other ways whether it's with the camera, as long as it's for the public use. So I'm looking for the Council to establish a policy that will permit other citizens. I'm not just doing this for myself and I don't think anyone who is really listening to what I'm saying would think it's just for myself, because when the Mayor, on Jan.1st, had his reorganization meeting, I remember Mayor you saying that you weren't appointing anyone to the cable TV committee because the resumes that you got were people requesting to volunteer at the station and that's not what you were asking because the cable TV committee has to do with negotiating franchise agreements and negotiating disputes between customers and the cable company.

President Baker: You are losing me. You're not finishing up your comments. You're taking advantage of my hospitality to let you go over the three minutes and you are way over. Please finish up in a sentence or two.

Linda Seiler: The point being that I was not the only person who was asking to volunteer at the station. No additional volunteers have been allowed to participate. The station is spending our taxpayer money to get equipment for the station and I think that other citizens should have the right to have access if they approach this in a responsible way. Thank you.

COUNCIL COMMENTS:

Councilman Calogera: I would like to see all of our zoning board meetings, all of our planning board meetings, all of our economic development meetings and our re-development meetings, as well as some of the other committees televised. I have always been a proponent of that and I have tried to make that a point where we can get to that point with enough of volunteers where they're free flowing and information can be free flowing through the TV program to the residents. I think a lot of residents are not in a position, number one to know when these meetings are and number two attend them if they do know when they are. I would like to see expansion of the TV station with more volunteers especially to televise agenda meetings also. I do think the agenda meetings are extremely important. So, I agree with you 100% and hopefully sometime in the near future, maybe administration will make it a policy to televise everything in this town. Mr. Baker, I want to thank you for your courtesy this evening and your patience.

President Baker: We're all learning together, we're in this together to help serve the public and hopefully we'll do a good job going forward.

MOTION

to adjourn at 8:40 p.m. by Councilman Gillespie, seconded by Councilman Testino and so ordered on an all aye vote.

______________________________
President William Baker

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Rose-Marie Saracino, Township Clerk

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