An Agenda meeting of the Township Council of the Township of Old Bridge was held on Monday, May 16, 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 all of our troops who are in harms way. He also made reference to the Wall of Heroes which was installed in the Thomas J. English Administrative Building lobby. This wall recognizes those residents of Old Bridge who are or have served in the military.

Deputy Clerk Stella Ward announced that this meeting was being held in conformance with the Open Public Meetings Act and notice of this meeting has been given to the newspaper and it is posted in public places.

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

CERTIFICATES OF COMMENDATION – (5/23/05)

Presidents of all Old Bridge Youth Athletic Organizations for their service to our youngsters

PROCLAMATION – (5/23/05)

Supporting the 2005 “Click It or Ticket” Mobilization

ORDINANCES FOR SECOND READING

ORD. #13-2005 Ordinance providing for the defense of action and the indemnification of public employees and officials

ORD. #14-2005 Ordinance accepting streets within the Cedar Ridge Development for use as public roads

ORD. #15-2005 Ordinance establishing traffic regulations for the roadways of the Cedar Ridge Development

ORD. #16-2005 Ordinance for Adoption of Lease Ordinance for Capital Equipment Lease – Middlesex County Improvement Authority 2005 Capital Equipment Lease Program

CONSENT AGENDA

C-1 Block Party – Longview Road – Saturday, August 6, 2005 10 AM-10 PM

C-2 Block Party – Hansen Road – Saturday, August 27, 2005 (Rain date Sunday, August 28, 2005

C-3 Block Party – Harold Street – Saturday, August 13, 2005 (No rain date)

C-4 Block Party – Calvin Court – Saturday, June 25, 2005 10 AM-10 PM (No rain date)

C-5 Block Party – Balmoral Avenue – Saturday, July 16, 2005 3 PM-7 PM (Rain date Sunday, July 17, 2005)

C-6 Block Party – Eleanor Street – Saturday, August 6, 2005 10 AM-10 PM (Rain date Sunday, August 13, 2005)

C-7 Block Party – Adam Street, Saturday, August 6, 2005 10 AM-10 PM (No rain date)

C-8 Authorizing public auction of surplus property to be held at the Civic Center on Saturday, September 10, 2005

C-9 Approval of Leave of Absence due to personal illness Kathleen Davies

C-10 Resolution approving the Old Bridge PBA Agreement

C-11 Waiver of permit fees in the amount of $........... St. Ambrose Carnival

C-12 Resolution authorizing the Mayor to execute the Share Grant Agreement with the New Jersey Department of Community Affairs

C-13 Resolution to Award Bid #2005-17 for Monitoring & Inspection of Fire Alarm & Security to Complete Security Systems in the amount of $28,421.00. (Cert. #1339) (Affirm. Action)

C-14 Chapter 159 – Clean Communities Grant in the amount of $52,405.78

C-15 Chapter 159 – Drunk Driving Enforcement Grant in the amount of $13,806.00

C-16 School Tax Levy for Calendar Year 2005

C-17 Professional Services Contract to Kinsey Associates in the amount of $17,000.00 for the removal, repair, replacement of the synthetic surface and subgrade at the Geick
Park Baseball Field (CERT #1340) (Affirm. Act.)

C-18 Resolution authorizing the Mayor and the Township Clerk to Execute Jersey Central Power And Light Easement, Block 20002, Lot 6712 and Block 20000, Lots 67.11 & 79.11

C-19 Old Bridge YMCA Redevelopment Plan - Mannino Park Tract Redevelopment Area

C-20 Resolution referring Redevelopment Plan to the Planning Board

C-21 Resolution authorizing improvements for Rt. 35 (rehabilitation, widening, improved drainage and the replacement of existing culvert

C-22 Resolution for Emergency Appropriation be and the same is hereby made for Remediation and Testing for the tank removal in the police lot in the aggregate amount of $50,000.00

C-23 Resolution authorizing the rejection of Bid #2005-19 Bullet Trap Containment System

C-24 Permission for St. Ambrose to hold a fire works display on Friday, June 24, 2005 (Rain date June 25, 2005.)

President Baker stated that any of the items on the Consent Agenda could be separated and discussed on Monday, May 23 2005.

Attorney Convery stated with regard to C-19 and C-20 , there is a revised plan for C-19 known as the YMCA property. This revised plan was prepared by Glen Patterson a planner who provided copies to the Mayor and Fred Kurtz, of the redevelopment agency. Attorney Convery stated that under State law this should not be a resolution for accepting a redevelopment plan, but rather this should be done in the form of an ordinance, a draft of this ordinance known as the Mannino Park Tract (YMCA) is being provided to the Council. To move forward on the YMCA this ordinance needs to be placed for first reading. The second draft is in regard to C-20, which is a resolution referring the Redevelopment Plan to the Planning Board. Under State law, when you have a redevelopment plan, prior to adoption by the Council, it is referred to the Planning Board for review and comment. Also, as part of this, upon review of prior resolutions regarding Mannino Park as a redevelopment area, he has been provided with the metes and bounds description of the actual area for redevelopment for the YMCA and the total limited site is 12.33 acres. Attorney Convery felt it was in the best interest of the Township to delineate the area for redevelopment as that particular parcel. In place of C-19, a resolution to specifically designate the 12.33 acre site for the Mannino park redevelopment area will be prepared and forwarded to the Clerk tomorrow.

Councilman Calogera asked if this ordinance meant that we were not doing the entire parcel of Mannino Park, but rather the 12.33 acres which represents the YMCA development?

Attorney Convery responded that was his recommendation. The entire parcel is quite large and what is being developed is the small access area into the park as well as the part shown as the YMCA redevelopment area. A map has been attached to your copy of the redevelopment plan.

Councilman Calogera inquired if we had to do the YMCA parcel through the Redevelopment Agency or can we go into contract with the YMCA directly. What are the pros and cons of using the agency?

Attorney Convery stated that the Township previously created the Redevelopment Agency and when forwarding it for the Local Finance Board specifically designated that the YMCA/ Mannino Park tract would be one of the areas to be developed by the Agency. It is never a necessity to create a Redevelopment Agency or that the Agency be the one to proceed.

Councilman Calogera asked for clarification as to what the Council's position would be regarding voting on certain issues relative to the YMCA and Mannino Park.

Attorney Convery explained that the Council would have to vote on certain issues, specifically now the Redevelopment Plan. The Agency cannot adopt the plan it has to be done by the Council after referral to the Planning Board, so clearly the redevelopment plan must be decided by the Council.

Councilman Calogera inquired further that since these properties were leased, was it not the responsibility of the Council and not the Agency to approve any such agreements and lease?

Attorney Convery stated that it would be the Council's decision as to their involvement in the lease. The Council can convey this parcel to the Redevelopment Agency and they will be in charge of handling the redevelopment, or the Council, if it chooses, can lease the property directly, but it is a policy decision rather than a legal decision as to who is in the best position to handle the matter.

Councilman Calogera feels that ultimately because it is a lease agreement, the Council is responsible to finalize any agreement regarding the property.

Attorney Convery agreed that it is up to the Council to make the final decision as to how the development will be handled, but at some point it will have to be determined whether or not to convey the property or lease the property.

Councilman Calogera inquired as to the benefits of lease versus conveying the property to the Redevelopment Agency and having them handle the development.

Attorney Convery advised that there is a handbook outlining who should handle redevelopment and he will provide a copy of that section indicating the pros and cons for the Council's review. It is a matter of opinion as to who may be in the best position.

Councilman Calogera stated that he was familiar with the handbook and that there were advantages to using a redevelopment agency on projects where we have blighted situations or takings, but questioned the advantages specifically related to the YMCA.

Attorney Convery stated that this decision did not require a legal decision, it can be done either way, it is a policy decision.

Councilwoman Panos inquired whether or not the Redevelopment Agency had to abide by the same bidding rules as the Council would have to abide?

Attorney Convery replied that generally speaking they are subject to the same statutes as anyone else, but the redevelopment portion has it own set of statutes that say what they can and cannot do. Attorney Convery referred to Chapter 12A Redevelopment & Housing Law which specifically spells out what controls a Redevelopment Agency and the redevelopment plan itself.

Councilwoman Panos stated that her main concern was money.

Attorney Convery responded that he would rather research this matter and then report back.

Administrator Jacobs stated that the Redevelopment Agency was not subject to the same bid rules and one of the main reasons you do a Redevelopment Agency is because they do not have to go to the low bidder, they can negotiate in the best interest of the town rather than low bid.

Mayor Phillips explained that this was the reason why the Redevelopment Agency is needed because some time ago this Council made a decision to have the Red Bank YMCA be the redeveloper. It is this law that gives us the right to negotiate and work with the Red Bank YMCA during this process. If it were not for the redevelopment laws, you would be at a point where you have 12.33 acres designated for lease and then you would go out and have each of the YMCA's compete and you would have to give them the standards for the project. In order to marry all those things together without violating the bid laws you need the protection of the redevelopment policy. Many things were done to bring us to the point where we are today. This land was designated by Sam Rizzo and approved by our Planning Department as an area in need of redevelopment. What you are doing tonight corrects the total acreage to correspond to the 12.33 acre site of the YMCA. You do not want all of Mannino Park known as a redevelopment area, now we know the area that is in that redevelopment area. All of the things including the Owens Road design at the entrance to the park are now ready and none of these things could have been done if they were not under the purview of redevelopment. Tonight we are requesting Council approval for the Red Bank YMCA to come forward put together their best plan, and this Council will have the right to approve it, provided it contains everything that they have committed to us before.

There was concern about all of Mannino Park being a redevelopment area, but as you see we are only referring to the 12.33 acres for redevelopment because the design has been done. These things could not have taken place under the local bidding laws. All of the details of the YMCA with regard to fee structure and specific allocations for swim time will be spelled out in the redevelopment agreement which comes from Red Bank. That is why we are here today, and that is why when our Business Administrator and the Council say yes, the laws of the redevelopment agency when it comes to if they have to bid or build or how they treat a professional, are all under the laws of the State of New Jersey, but the laws of whether or not we go with Red Bank YMCA or any other YMCA, those are going to be very balanced subjective decisions and they will have to come to this Council and you may not go with the one that has the cheapest bid, because they may be building a smaller building. That is why the laws of redevelopment apply and that is why if our engineer was designing this as a street he would have to give you all the specifics, you are going to be making decisions based on very subjective material and that is why the laws of redevelopment are going to help us in this matter and that is why I would not want Councilwoman Panos to think that it was wrong with going to someone other than the lowest bidder.

The Red Bank YMCA has proposed building a facility between 35,000-50,000 square feet on 12.33 acres that dedicates pool time to the high school and dedicates a fee structure that is beneficial to Old Bridge Township Residents, and these are some of the things that make the redevelopment laws necessary as to how we proceed with this project. Another factor that has to be incorporated into these plans is that there has to be a competition swimming pool, which allows us to capitalize on the grant that we received from the County Freeholders. This is going to be a very complex and subjective decision regarding the giving out of this agreement. Ultimately this Council will have to approve it and another thing that separates this from any other proposal, is that it is not anticipated that the land that this YMCA will be built on will ever be transferred. As a matter of fact, it will be a condition of the agreement that this Council takes the position that should the YMCA ever stop making their payment to the financial institution funding this project, that facility will come back to the township. These are some of the things that make this project more redevelopment style than anything we can do and I am hoping we get to the point we can go forward with the draft agreement which is about 80% complete based on funds raised by George Scharf and Jonathan Heilbrunn which have netted between 1 million and 1.25 million dollars. Mayor Phillips stated that for all the above reasons this is why this has to be a redevelopment project.

Councilman Greene stated that he had a difference of opinion and anticipated getting the section of the handbook that Attorney Convery stated he would provide to the Council. Being involved with the Recreation and Advisory Board for a number of years, I was involved with the progression to the YMCA as opposed to those who wanted a community center, which was something that would be run and controlled by the township. The project has gone considerably slower than anticipated or hoped for, and there was a lot of wasted time in the selection of the location for this facility. The ultimate selection of Mannino Park as the site was a good decision. Due to the diligence of the various boards, Tom Badcock and the YMCA Committee itself, a tremendous amount of positive things were done which clearly did not require anything associated with the Redevelopment Agency.

The Owens Road intersection was selected because of studies that were done and had nothing to do with the Redevelopment Agency. Sam Rizzo when he gave his opinion on the development of this site agreed that the 12.33 acres in Mannino Park could be called a redevelopment area so that we could develop the YMCA. Being familiar with independent authorities, the problem is that it takes the control away from the elected officials, which is an important factor. What exactly is the Redevelopment Agency? It is a group of 3 or 4 people who go out and hire consultants and engineers, the same exact thing that the township could do on its own. This whole concept of a Redevelopment Agency, although the picture being painted is one of a “savior” of the development of this project is very misleading.

The Mayor referred to the swimming pool, this has nothing to do with the Redevelopment Agency, that was clearly the very impetus of having the YMCA in Old Bridge and clearly can be packaged without going through a Redevelopment Agency. Anything that could be done by the Redevelopment Agency, certainly can be done by the Township and Council and we do not need a Redevelopment Agency. Any work that can be done by the Redevelopment Agency, certainly can be done under the control of the Township and Council and we do not need a Redevelopment Agency to handle this project. The Council as a whole did not approve the formation of the Redevelopment Agency, Councilman Greene being one of the those voting against same because he felt that the control of the redevelopment should be under the control of the Council and respect the wishes of the residents. Councilman Greene also inquired regarding the development of the Little League fields, in particular Sayrewoods South. They were promised many years ago, that they would be moved over to Mannino Park. What will happen to the rest of the development in Mannino Park so there can be facilities for the little league fields in the near future.

Mayor Phillips stated that he is committed to the YMCA being built and the recreation facilities being expanded.

Councilman Maher commented on the parking requirements. Councilman Maher felt that the parking space allotted for the various facilities were inadequate and would like the Planning Board to pay special attention to the parking requirements for this facility.

Attorney Convery responded that after first reading, this matter would be referred to the Planning Board and it will be reviewed and any specific questions should be forwarded to Sam Rizzo. The ordinance referred to this evening would be discussed and a public hearing held when the second reading took place. Only after that, would the Council vote on the plan.

Mayor Phillips stated that there is a lot of input into this project. Mazer was hired by the Red Bank YMCA to do the specs, and they are the construction manager on the road project. This project has been done in consultation with all groups and everyone is aware of the importance of coordination at this time.

Councilman Gillespie agreed with the Mayor and that using the redevelopment processing gives us greater flexibility in terms of how we get this project finished. A lot of the process has taken place and if we were to go back and start over and go out to bid process there is no guarantee that the Red Bank YMCA would be one of the bidders. If you support this project then we should move ahead.

Councilman Testino expounded upon Councilman Gilliespie's comments. The Red Bank YMCA was chosen under Mayor Cannon. A lot of years have passed and a lot of work has gone into what they have done and I don't know how we could spec them out as the preferential developer so it would appreciate if Mr. Convery get us an opinion that if we went any other way, could we give preferential treatment to a specific YMCA. The Red Bank YMCA has gone out and raised money and obviously are working in good faith to narrow the plan down to encompass just the YMCA. No Township money was to be put into this project and we were going to keep the land. The only thing not included was the road into the park and we did put $1 million dollars in as our anticipated contribution which was not only for the YMCA but for the entire park. Unless the legal department can provide another way to stick with the Red Bank YMCA he would have to follow the Mayor's lead.

President Baker stated that he heard many questions this evening as to whether or not the Redevelopment Agency is the prudent and most proficient way to go and the Council will have an opportunity to vote on this within the next two weeks.

Councilwoman Panos stated that she was not questioning the Red Bank YMCA as the choice or even the need for the project, this is a township project that all worked on together. Her question was with regard to the Redevelopment Agency and the three or four guys that run it and what is the need for them to get involved.

President Baker inquired if there were any other comments on the Consent Agenda?

Councilman Greene had a question regarding C-18 regarding JCP&L Easement.

Administrator Jacobs explained that it is not an emergency but it needs action, it is a matter of upgrading the pole lines for the power to the hospital.

Councilman Maher questioned C-10 regarding the PBA Agreement, is there anything in the agreement that refers to “off duty road jobs” and whether or not the township is reimbursed for the use of township vehicles?

Administrator Jacobs stated that the terms and conditions are established by the Chief. There is a surcharge that is added to the hourly rate for gas, insurance, et cetera, but the actual details are not in the agreement.

APPOINTMENT

A-1 Human Relations Committee (Term ends 12/31/05) – To replace Denise Valentino (Council Appointment)

A-2 Regular member to the Zoning Board of Adjustment – (Term ends 12/31/07) to replace Patrick Piscitelli

A-3 Housing Authority (Term ends 12/31/10)

President Baker stated that there were no current resumes for the Human Relations Committee. There is one resume for the Zoning Board and there is a second one pending. With regard to the Housing Authority, we have four or five resumes and we will be taking comments on same.

Councilwoman Panos inquired as to who was being replaced on the Housing Authority Board?

Mayor Phillips responded Mr. Hilfman … (inaudible)

Councilman Butler stated that when you are appointed to the Housing Authority you are told that you have to take seven courses within eighteen months. To his knowledge, Mr. Hilfman had not taken any courses to date, so why would the Council consider reappointing him?

Councilman Volkert (comments inaudible)

Councilman Butler responded it took him from January thru December 2001 to take all his courses. With regard to Mr. Hilfman's scenario, we are down to six months and it is impossible to take these seven courses within six months.

Councilman Gillespie stated that he would like to speak with Mr. Hilfman to see what his intentions are with regard to these courses because as a former Housing Authority member he is aware that these courses are sometimes not given to conform with a person's schedule.

DISCUSSION

D-1 Authorizing the Township Clerk to forward to the Ethics Board the Financial Disclosure Ordinance for review and recommendation

President Baker stated that Clerk Rose-Marie Saracino is not here this evening and this item should have been removed until she is in attendance to discuss this matter.

D-2 To Amend the Land Development Ordinance to permit resident adjacent to commercial property to erect 10 foot enclosed fences.

Councilwoman Panos wanted this as a discussion ordinance and it was put on for discussion only and perhaps Attorney Convery can give an explanation. Councilwoman Panos feels that a resident living next door to a commercial property should have the same options as a commercial property owner.

Attorney Convery explained that a meeting regarding the codification is being held on Tuesday. The department heads will be in attendance and they will be going over the contents. There is a section on fencing , however there are also sections on fencing in the LDO, so he wants to get through the meeting with the department heads to see whether or not we should have any fencing ordinances in the general codification or they should all be in the land use ordinance. He is not saying that a resident who lives adjacent to a commercial property not be permitted to put up a ten foot fence, but he wants the opportunity to see if there are any conflicts before we move forward and he is also going to recommend that the Township codify the LDO as well. Attorney Convery requested that Councilwoman Panos provide him with an outline of what she would like to see in the ordinance and he will draft a copy.

Councilman Testino agreed with the premise, but would suggest that Mr. Convery and Mr. Rizzo propose something and get it back to us in the form best suited for this change and then the Council can vote on it.

Councilman Gillespie expressed concern about yard setbacks and what a ten foot closed fence would mean to site lines for traffic. It is not as easy as it sounds and it does need some research.

PUBLIC COMMENT

Linda Seiler commended the Council on conduct of the meeting. Ms. Seiler expressed her continued concern with regard to the non-televising of all township board meetings and stated that she had e-mailed the Mayor and Council about this matter. Ms. Seiler inquired if the Redevelopment Agency has reviewed the plan before the Council and she also had questions regarding the three redevelopment zones and does that plan which was sent to the Local Finance Agency have to be revised? Ms. Seiler also expressed concern about the Redevelopment Agency having the right to choose a developer and it not referring back to Council for final approval. Ms. Seiler stated that she did not agree with Councilman Greene regarding the location of Mannino Park, she felt that the Cottrell Road would have been a better site for the YMCA and would be happy to discuss her reasons after the meeting.

Perry Simone stated that he was the Vice-Chair of the Old Bridge Environmental Commission and on behalf of the Commission and in conjunction with the DEP was distributing an Environmental Primer Handbook which explains some environmental terminology such as greenhouse gases, the highlands, et cetera in layman's terms. These will also be distributed to the Zoning and Planning Board members.

Motion

Motion to adjourn at 8:50 p.m. made by Councilman Butler, seconded by Councilwoman Panos and so ordered on the following roll call vote:

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

NAYS: None