Old Bridge Township, New Jersey - March 26, 2001 Minutes

OLD BRIDGE TOWNSHIP COUNCIL

REGULAR MEETING

March 26, 2001

A Regular meeting of the Township Council of the Township of Old Bridge was held on March 26, 2001 in the Municipal Complex. The meeting was called to order by President Maher who asked all present to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk Stella Ward 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.

Roll call at 8:10 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, Councilwoman Marinaccio and President Maher. Councilman Hoff arrived late.

Approval of Minutes

February 13, 2001 - Executive/Combined February 20, 2001 - Agenda

RESOLUTION #142

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

WHEREAS, the following minutes are hereby approved

February 13, 2001 - Executive/Combined
February 20, 2001 - Agenda

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.

ABSTAIN: Councilwoman Marinaccio.

Bill List

RESOLUTION #143

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 March 26, 2001 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 March 26, 2001 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $15,461,829.98 (Accounts Payable).

Moved by Councilman Butler, 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.

Bill List

RESOLUTION #144

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 ordered on the following roll call vote:

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

NAYS: None.

Bill List

RESOLUTION #145

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 ordered on the following roll call vote:

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

NAYS: Councilmen Greene, President Maher.

CERTIFICATE OF RECOGNITION

Special Olympics Speed Skating Winners

Mayor Cannon: This is always a special time when we honor our special athletes. I want to make a public pronouncement of how proud we all are of you.

Congratulations on your success at the New Jersey Special Olympics held at the Mannen Arena in Morristown, New Jersey, February 5 & 6, 2001 - Old Bridge R.O.B.I.N Special Olympics Speed Skating Team

The above Certificate of Recognition was given out to the following athletes:

Dawn Brendel, James Coletti, Pamela Erosh, Michael Gordon, Jessica Barabos, Nicholas Grant, Pamela Giles, James Smith, Alyssa Vas.

Mayor Cannon: I would like to honor our very Special Olympian, Michael Gordon. He did a terrific job. He went to Alaska for the 2001 Special Olympics World Winter Games and won a gold medal in the 800 meter, a silver medal in the 500 meter and won fifth place in the 300 meter. We are all so proud of you.

Mayor Cannon presents Michael with a special plaque reading:

Congratulations on your achievements at the 2001 Special Olympics World Winter Games in Alaska. Your hard work will carry you far in this world. Our best wishes for continued success. Old Bridge is very proud of you!

Mayor Cannon: Michael is going to be honored at a special ceremony at the ROBIN building on April 18, 2001. Michael's picture is going to be on Golden Grahams Cereal.

Mayor Cannon presents special certificate to the coaches and parents reading:

Special thanks for a very successful season of Therapeutic Ice Skating and the New Jersey Special Olympics

The above certificates were presented to: Tony D'Agosto, Barbara Grant, Alison Vas, Kyle Seltzer, James Smith and Tim Mahoney; Head Coach.

Tim Mahoney: We won two medals this year in Alaska, two medals in 1997 in Toronto and two medals in 1993 in Austria. I don't think that any other township in this state can match that.

Mayor Cannon: This is a very special program and I think that Old Bridge is one of the first townships to get involved in the therapeutic ice skating program. We are all so very proud of all of you. I would also like to let everyone know that we are renaming a street in honor of Michael, Civic Center Drive will now be Michael Gordon Drive. It will be ready next week.

Meeting Recessed at 8:20 p.m.
Meeting Reconvened at 8:30 p.m.

Roll Call at 8:30 p.m. by Deputy Clerk Ward showed the following council members present: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

HEARINGS

H-1 Release/Reduction Performance Guarantee - Deer Run

President Maher: This hearing is being postponed until May 14, 2001.

H-2 Release/Reduction Performance Guarantee - Mirada Realty/Bell Chase

Mr. Iglesias: This is an office building site and we no problems with it and we have not received any complaints. We are recommending the release in the amount of $47,586.00, to be replaced by a performance guarantee in the amount of $7,138.00. This is all in my memo to you of March 20, 2001.

MEMO FROM TOWNSHIP ENGINEER DATED MARCH 20, 2001

The Miranda Realty, Inc has requested a release of the following Performance Guarantee for the commercial site (Belchase Office Park) located at Route 516 adjacent to Geick Park

Performance Bond $47,586.96 (Bond#627740)

No cash deposit

The office performed an inspection of the site improvement works and find that these have been completed satisfactorily. As of today, we have not received any complaints from other property owners in response to the legal notice by the developer.

Recommendation:

We recommend a release of the Performance Guarantee. The release is, of course subject to the developer posting a maintenance bond for a two year period in the amount of $7,138.00 (15% of the Performance Guarantee)

President Maher opened the public portion.
Seeing no hands President Maher closed the public portion.

MOTION

To release to the performance bond in the amount of $47,586.00 to be replaced by a performance guarantee in the amount of $7,138.00, by Councilman Butler, seconded by Councilman Redmond and so ordered on the following roll call:

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

NAYS: None.

Preliminary Public Comments

Trina Wimberly: I live on Matchaponix Road and they are speeding down this road because of the detour. I have called the Mayor's office and the Police Department several times. I have seen one officer in five weeks. I called animal control because there was a loose dog; I told her to come and get the dog because the dog was going to get hurt because of the way that they are speeding. Saturday morning the dog was killed. Nothing is being done and I want to know why.

Mayor Cannon: I am sure that my office has passed this on to the police department but I will double check.

Ms. Wimberly: I called them, they told me to call traffic and safety. Why should I have to call them?

Mayor Cannon: We will follow up on this, is that the only road that there is a detour on?

Ms. Wimberly: No.

President Maher: I apologize for nothing being done.

Ms. Wimberly: The woman at animal control told me to put the dog in my car and bring it to her. Why do we have animal control if I have to bring the dog to them?

Councilman Cucchiara: Isn't there signs for a detour? They are not suppose to go down Matchaponix.

Ms. Wimberly: Can we get a sign that says "Local Traffic Only"?

Councilman Cucchiara: I will take a ride over there with Captain Bonfante tomorrow.

President Maher: Someone will call you tomorrow.

Jeff Welch: I live at 40 Ledge Terrace. We have a document signed by everyone requesting a gate across the fire easement between 38 and 40 Ledge Terrace. The purpose of this is to stop the speeding in and out of the fire easement. The police have been called many times and they have done an outstanding job trying to get kids and cars out. The fire marshal sent us a letter stating that they do not have a problem with it. I have got an estimate from Home Depot and the materials are under $500.00. A dog was killed two weeks ago and I want to make sure that it doesn't happen to a child.

Councilwoman Marinaccio: This is a public safety issue and I think that the township should pay for this, not the homeowners.

Mayor Cannon: If the cost is $500.00 I think that we can find the money in the budget to do this. I think everyone is in agreement that a fence should go up. I think that the Fire Commissioner indicated that there is paper work to be filled out.

Mr. Welch: I would like to add that the police have done an outstanding job and I know that the Chief has been great with sending plainclothes police into the woods to catch these kids.

President Maher: I want this on the agenda for two weeks to follow up on this.

Councilwoman Marinaccio: This has to be done as fast as possible. I want to make sure that I understand that Jeff does not have to do anything else and that the town is going to pick this up and coordinate it?

Mayor Cannon: I would like for you to give me all the back up on this that you have.

Anita Clavering: I would like to propose that Old Bridge institute an Americans with Disabilities Awareness Day. I think that we should celebrate these special people.

President Maher: We will put this on for the next agenda.

Councilman Butler: Are there certain criteria for these individuals?

Ms. Clavering: I am just drafting the criteria now. I am also doing research to see if other towns have a similar celebration.

Councilman Butler: If there are other towns doing this, we won't have to start from scratch.

Lucille Panos: What is the status of the security cameras at Veterans Park?

Ms. Shepler: Mr. Badcock is working on the specifications and we had a meeting with a representative of the police department. Most of the money is in a special legislative grant, so the funds will be encumbered before June 30^th.

Ms. Panos: Can we put that device that records your speed on Elaine Court and Marlin Road?

President Maher: We will pass that on to the police department.

Gage Andretta; Attorney representing the Brunetti Organization: I am here to speak on the Towne Center Ordinance. I have a report from a professional planner that I would like to submit to the clerk for filing and to give to the town planner. The Brunetti's own approximately 115 acres within this district; the ARC2 zone. We are not against the towne center but this particular zoning amendments constitutes a very substantial down zoning of their property. Because this area is outside of the 5-7 minute walk to the core center area, it therefore is not necessary or appropriate in the minds of the planning board to have that area with the same kind of intensity of development that is according to the core center, we don't think that is appropriate. Without sufficient residential intensity you are going to have a very difficult time attracting commercial and retail to the center core area. The surrounding uses where the ARC2 zone is very intense and it is really inappropriate to carve this area out and down zone it so that we lose 75% of the density that we had before. There are no circumstances that I am aware that justify that particular down zone. We would respectfully suggest that you reconsider that. We don't even know why this district is included in this ordinance, according to the Master Plan it is outside the town center and yet it is being rezoned in connection with the Towne Center amendments. We believe that this should be included in the Towne Center and zoned the same as the core center because it will help the towne center retail and surrounding uses. We ask that you consider this.

President Maher: We will carry this until April 17^th.

Mr. Andretta: Will that be first or second reading?

President Maher: That depends on the amendments.

Councilman Testino: I would like the report to be sent to Sam Rizzo.

Seeing no hands President Maher closed the public portion.

DISCUSSION

Cheesequake Village Dam - (Status Report from Mayor/Administration)

Councilman Hoff: I have a letter from the Attorney General asking that we call them in two weeks for an answer on the question of applying $35,000.00. Also what is the status of the transfer of lands?

Attorney Ruggierio: The associations attorney gave indications that they were positive to the proposal of the transfer. I spoke to Nelson before the meeting and he told me that the work is well under way, he should be giving me descriptions of easements forthwith. As soon as I get them I will prepare proposed easements that would be signed by the association. As long as we acquire these interests we have a legal right to expend monies and makes the question of whether or not I dispute the law with the attorney general's office, moot.

Councilman Hoff: The letter says that they are still reviewing our request and asks that we call them in two weeks. Has anyone followed up on that?

Attorney Ruggierio: Not from my office and I will state again that if we acquire these interests there is no issues on spending public monies. If we do not acquire these easements, my opinion would stand; that we cannot expend this money. I told you many times that I would be willing to look at the Attorney General's opinion, if it differs from mine. It's kind of spurious to hound the Attorney General for an opinion when I think we have resolved the issue.

Councilman Hoff: I don't think that we should close out an option that is there. To ask the Attorney General what the status is, is not hounding them. It says to call back in two weeks.

Attorney Ruggierio: We will certainly do that. The reason that the option of pursuing the Attorney General's opinion does not excite me is because the attorney for the homeowners association essentially arguing fact that are at variance with the facts as we presented them; based on information from our engineer's office. I am somewhat sure that you are going to end up with an opinion that says "If its one way, its this and if its this way, its that". We will be right back to the original controversy.

Councilman Hoff: I would just like to know what the position of the Attorney General is.

President Maher: Can we set a target date of two weeks?

Attorney Ruggierio: Mr. Iglesias has told me that this is somewhat complex and I am not sure about two weeks. I think you should ask Nelson.

President Maher: The target date is thirty days, someone can let Nelson know.

Phil Tanala: We submitted the forms to the Governors office for the $75,000.00 grant. I have been assured by Assemblyman Thompson that in the event the Township does take over the dam, he would see to it that those funds are transferred over to the Township. Mr. Ruggierio do you think this could be worked out between you and our attorney?

Attorney Ruggierio: Yes. After these easements are prepared we will put them in legal form and send them to your attorney. Once we are on the same page, your board would pass a resolution that you are in agreement and our council will pass an ordinance accepting these responsibilities.

Mr. Tanala: Our board already met and approved the easement.

Attorney Ruggierio: You and your attorney will want to discuss what is actually on these easements.

Councilman Hoff: I think that we see the end of the tunnel.

Public Comments on the Consent Agenda

Lucille Panos: Has the Tax Assessor always had unfettered authority on tax appeals?

President Maher: Yes, this is something that we have to approve yearly.

Seeing no hands President Maher closed the public portion.

President Maher: I would like to let the public know that C10 - "Resolution for emergency appropriation for Capital Improvements Fund Down Payment - $192,000.00 has been taken off the agenda along with Ordinance for First Reading (FR4) Amending Bond Ordinance 99-13 Higgins Road Soccer Field $70,000.00.

Consent Agenda

Bingo Raffle

RESOLUTION #146

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 applicants, the following licenses:

RA50-01 The Institute for Children With Cancer And Blood Disorders $10.00
RA51-01 Sayreville Jewish Center, Inc. Temple Ohav Shalom $10.00

Moved by Councilman Testino, 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.

Resolution authorizing Vacation of Easement for Fisher Bros./Lowe's Project

RESOLUTION #147

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 an easement on property know and designated as Block 6302, Lots 2 and 3.11 on the Tax Map of the Township of Old Bridge with regard to the Fisher Bros./Lowe's Project; and

WHEREAS, the easement was granted mistakenly; and

WHEREAS, the easement should properly be granted to the State of New Jersey Department of Transportation.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the easement be vacated for the Fisher Bros./Lowe's Project.

Moved by Councilman Testino, 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.

Award of Contract #01-02 in the amount of $56,672.00 to Gerhart Electric for Traffic Control at Laurence Parkway. (CERT. #947) (AFFIRM. ACT.)

RESOLUTION #148

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

WHEREAS, the Township of Old Bridge advertised and received on bid for Contract #01-02 for control at Laurence Parkway; and

WHEREAS, bids were received and opened on February 22, 2001; and

WHEREAS, the Township Council wishes to award the contract, and the Township Engineer has recommended, that the contract for traffic control at Laurence Parkway be awarded to Gerhart Electric, Inc., with offices located in Clark, New Jersey, as they are the only bidder; and

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. Gerhart Electric, Inc., is hereby awarded a contract in the amount of $56,672.00 for traffic control at Laurence Parkway.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of funds #947 certifying the existence of a sufficient appropriation to fund the said contract.

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

This resolution is conditioned upon the following:

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

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

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

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

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

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

Moved by Councilman Testino, 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.

Authorizing Tax Assessor, unfettered authority to approve settlements Re: Tax Appeals with limits between of $5,000.00 and $50,000.00 and providing automatic Council approval if procedure is followed.

RESOLUTION #149

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

WHEREAS, the Old Bridge Municipal Tax Assessor represents the Township of Old Bridge in connection with pending tax appeal matters in the New Jersey Tax Court; and

WHEREAS, the Old Bridge Tax Assessor has the authority to settle cases but the Old Bridge Township Council retains the right to approve refunds/credits; and

WHEREAS, these circumstances require the Township Council to approve settlements or provide for the approval of settlements in the Tax Court so that both the Tax Assessor and the Township Council approve any proposed settlement; and

WHEREAS, certain matters which involve refunds/credits of $50,000.00 or less should be settled without substantial presentation to the Township Council and approval due to their nature; and

WHEREAS, the Township Council wishes to establish a procedure for approving such.

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

The Tax Assessor of the Township of Old Bridge is hereby given unfettered authority to settle any case in which the refund/credit to the taxpayer is $5,000.00 or less per tax year or in which an increase in assessment results.
The Tax Assessor of the Township of Old Bridge is given authority to settle any case where the tax refund/credit is $50,000.00 or less so long as he first consults with the Director of Law and obtains the approval of the Director of Law for such action.
The Tax Assessor of the Township of Old Bridge is given authority to authorize the special tax counsel for the Township of Old Bridge to file tax appeals in the Tax Court and County Tax Board.
It is understood that all settlements which result in a refund/credit to the taxpayer of more than $50,000.00 shall be presented to the Township Council for approval by formal resolution.
So long as the aforesaid procedures are followed, the Township Council will authorize the refund/credit of any settlement in accordance with this procedure.

Moved by Councilman Testino, 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.

Memorialize Settlement Agreement authorizing payment of $2,000.00 to Tarheel Enterprises in connection with Higgins Road (Council Action of 3/12/01)

RESOLUTION #150

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

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township Attorney is hereby authorized to settle a contractual dispute with Tarheel Enterprises, Inc. relating to a contract to make certain improvements to the Higgins Road parking lot. The contractual dispute shall be settled in the following manner:

1. The Township will issue a change order to provide for additional payment of $2,000.00 to Tarheel Enterprises, Inc. for unanticipated excavation.

The Township shall waive claims for liquidated damages from Tarheel Enterprises, Inc.
The Township shall waive any claims against Tarheel Enterprises, Inc. prior to March 12, 2001. Tarheel Enterprises, Inc. shall waive any claims against Old Bridge prior to March 12, 2001.
The Township will pursue a claim in that amount of $2,000.00 against a third party. Any money recovered will be paid over to Tarheel Enterprises, Inc.

Moved by Councilman Testino, 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.

Resolution for Emergency Appropriation in connection with Snow Removal - Other expenses in the amount of $13,000.00.

RESOLUTION #151

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

WHEREAS, an emergency has arisen with respect to a shortfall in the Snow Removal - Other Expenses, and no adequate provision was made in the SFY 2001 Budget for the aforesaid purpose, and N.J.S.A. 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned; and

WHEREAS, the total amount of emergency appropriation created including the appropriation to be created by this resolution is $431,800.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that in accordance with N.J.S.A. 40A:4-48, an emergency appropriation be and the same is hereby made for Snow Removal - Other Expenses in the aggregate amount of $13,000.00 and that said emergency appropriation shall be provided in full in the SFY 2002 Budget.

BE IT FURTHER RESOLVED that three certified copies of this Resolution will be filed with the Director of Local Government Services.

Moved by Councilman Testino, 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.

Resolution for Emergency Appropriation in connection with Natural Gas in the amount of $50,000.00 and Heating Oil in the amount of $500.00 totaling $50,500.00.

RESOLUTION #152

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

WHEREAS, an emergency has arisen with respect to a shortfall in the Natural Gas and Heating Oil Account, and no adequate provision was made in the SFY 2001 Budget for the aforesaid purpose, and N.J.S.A. 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned; and

WHEREAS, the total amount of emergency appropriation created including the appropriation to be created by this resolution is $482,300.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that in accordance with N.J.S.A. 40A:4-48, an emergency appropriation be and the same is hereby made for Natural Gas in the aggregate amount of $50,000.00 and Heating Oil in the aggregate amount of $500.00 totaling $50,500.00 and that said emergency appropriation shall be provided in full in the SFY 2002 Budget.

BE IT FURTHER RESOLVED that three certified copies of this Resolution will be filed with the Director of Local Government Services.

Moved by Councilman Testino, 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.

Recreation Advisory Committee request for Council Person to become a non-voting committee member.

RESOLUTION #153

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

WHEREAS, the Township Council wishes to appoint a nonvoting Council member to the Recreation Advisory Committee.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Edward Testino is hereby appointed as a nonvoting Council member to the Recreation Advisory Committee.

Moved by Councilman Hoff, 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.

Prior to the vote the following discussion took place

Councilman Greene: Is there any chance that we could have a bi-partisan resolution and appoint a republican also?

President Maher: You want two Council members?

Councilwoman Marinaccio: I will second that.

Added During the Meeting

Recreation Advisory Committee request for Council Person to become a nonvoting committee member.

RESOLUTION #154

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

WHEREAS, the Township Council wishes to appoint a nonvoting Council member to the Recreation Advisory Committee.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Richard Greene is hereby appointed as a nonvoting Council member to the Recreation Advisory Committee.

Moved by Councilman Testino, 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 vote the following discussion took place

Councilman Hoff: Are we voting on a person or the concept?

Councilman Cucchiara: Can we be assured that there will be a council member at these meetings?

Councilman Testino: Does Rich want to serve?

Councilman Greene: Yes.

Councilman Testino: Since Roman won't nominate Rich, I will.

Councilman Redmond: Since Roman won't second him, I will.

Professional Services Contract Award to M.J. Barone, Architect for architectural services for the preparation of plans, specifications & bid documents required for the demolition of the abandoned Route 9 Senior Center in the amount of "Not to Exceed" $8,100.00 (CERT. #948) (AFFIRM. ACT.)

RESOLUTION #154

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

WHEREAS, the Township of Old Bridge requires the services of an architectural firm for purposes of demolishing the abandoned Route 9 Senior Center; and

WHEREAS, M.J. Barone & Associates is a licensed New Jersey architectural firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with M.J. Barone & Associates for purposes of providing the aforesaid architectural services for the preparation of plans, specifications and bid documents for the demolition of the abandoned Route 9 Senior Center.

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. A contract for professional services is authorized to be entered into with M.J. Barone & Associated in an amount not to exceed $8,100.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #948 certifying the existence of a sufficient appropriation to fund the said contract.

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

This Resolution is conditioned upon the following:

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

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

C. Compliance by the Vendor with filing of Affirmative Action Form AA301 or AA201, or otherwise complying with Affirmative Action employee information reporting.

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

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

Moved by Councilman Butler, seconded by Councilman Cucchiara 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 vote the following discussion took place

President Maher: Why are paying an architect to design specs to demolish this building?

Ms. Shepler: It is because of asbestos removal. It is very tricky and well regulated by outside agencies. It cannot be done by our in house staff. We did solicit three proposals, this is the only one that submitted a proposal. It is for monitoring and air samples.

Councilman Testino: We don't have a choice, we have to do it.

Memorialize denial of Ticetown Hills Performance Bond.

RESOLUTION #156

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 considered the release/reduction of the performance guarantee for Ticetown Hills; and

WHEREAS, a public hearing was held on March 19, 2001, at which time the Township Engineer, the Township Council and members of the public were heard; and

WHEREAS, the Township Engineer has recommended that the release/reduction of the performance guarantee be rejected based upon the findings of the Engineer's Report. The Engineer's Report is hereby incorporated by reference in this Resolution.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the release/reduction of the performance guarantee for Ticetown Hills is hereby denied.

BE IT FURTHER RESOLVED that the Legal Department take all reasonable steps to enforce the Township's rights against the performance guarantees.

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

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

NAYS: None.

Prior to the vote the following discussion took place

President Maher: When Nelson was here, he asked us to move against the bonding company. I didn't see that in here.

Councilman Testino: I would propose a resolution for the Legal Department to add that.

President Maher: Can we just add a sentence to the end of this resolution?

Attorney Ruggierio: I can add a line that says to take all necessary steps against the bonding company.

MOTION

to add moving against the bonding company of Ticetown Hills Performance Bond Release by Councilman Testino, seconded by Councilman Hoff and so amended on the following roll call vote:

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

NAYS: None.

ORDINANCE FOR SECOND READING TABLED

ORD. #10-01 Amending Municipal Land Use Law requiring posting of application notices (Deadline 4/1/01 Recommendation Planning Board)

TOWNSHIP OF OLD BRIDGE
Ordinance No. 10-01

Ordinance of the Township of Old Bridge

Land Development Ordinance to Require Posting of Notice of Development Application

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

Section 1. Purpose

The purpose of this ordinance is to amend Old Bridge Land Development Ordinance to provide that upon the filing of an application of development, an applicant must post a notice of development application upon the property for which development has been proposed.

Section 2. Ordinance

Section 10-3 of the Old Bridge Land Development Ordinance is amended to include Subsection I which shall read as follows:

M. Posting of Notice of Development Application

Upon the filing of an application for development, applicant shall post a sign upon the property which is the subject of the application. The sign shall state the following in letters large enough to be legible from the nearest roadway:

NOTICE OF DEVELOPMENT APPLICATION

The Construction of (specify the number and type of buildings) is Proposed for this Property Application No. (specify application number) Documents may be Inspected at the Old Bridge Township Municipal Building

The dimensions of the sign shall be four feet by eight feet. The sign shall be posted within seven days of the filing of the application and shall not be removed until the application is approved, rejected or withdrawn.

Section 3. Inconsistent Ordinances.

All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency

Section 4. Partial Invalidity.

If any section, paragraph, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged and the remainder shall be deemed valid and effective.

Section 5. Effective Date.

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40A:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Council vote in favor of such resolution.

Moved to table by Councilman Testino, seconded by Councilman Redmond and so tabled on the following roll call vote:

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

NAYS: None.

Prior to the vote the following discussion took place

Mayor Cannon: We would ask that you table this.

ORDINANCE FOR SECOND READING TABLED

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 11-01

ORDINANCE AMENDING OLD BRIDGE LAND DEVELOPMENT CODE TO REQUIRE PLANNED DEVELOPMENTS TO HAVE TWO POINTS OF ACCESS

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

SECTION 1: PURPOSE

The purpose of the Ordinance is to amend Old Bridge Land Development Ordinance to provide that a planned development must have at least two points of access which are ready for use at such time certificates of occupancy are issued for the units of the planned development.

SECTION 2: AMENDMENT

Section 10-2.A.3(b)(2) is amended as follows:

no change
no change
All planned developments shall have two points of access. All planned developments shall have at least two access points which are ready for use at such time certificates of occupancy are issued for the units of the planned development. A temporary access point may be constructed to meet the requirements of this section until such time as a permanent access point can be constructed. Access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging, turnout lanes and traffic dividers shall be provided where existing or anticipated heavy flows indicate they are needed.
no change.

SECTION 3: INCONSISTENT ORDINANCES

All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repeated to the extent of such inconsistency.

SECTION 4: PARTIAL INVALIDITY

In any section, paragraph, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged and the remainder shall be deemed valid and effective.

SECTION 5: EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to N.J.S.A. 40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set forth at N.J.S.A. 40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (2) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the member of the Council vote in favor of such resolution.

Moved to table by Councilman Testino, seconded by Councilman Redmond and so tabled on the following roll call vote:

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

NAYS: None.

ORDINANCE FOR SECOND READING

ORD. #13-01 Towne Centre Ordinance - Amendment (Deadline 4/17/01)

President Maher: Do we have to vote on this to carry it until April 17^th?

Attorney Ruggierio: It was advertised for public hearing tonight, so you need to move to carry the public hearing.

MOTION

by Councilman Testino to carry until April 17, 2001, seconded by Councilman Redmond and so carried on the following roll call vote:

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

NAYS: Councilman Hoff.

ORDINANCE FOR FIRST READING

Skate Park Fee

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 14-01

ORDINANCE ESTABLISHING ANNUAL USAGE FEE FOR THE OLD BRIDGE TOWNSHIP SKATE PARK

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

SECTION 1: PURPOSE

The purpose of this Ordinance is to establish a fee schedule for usage of the Old Bridge skate park located in Veterans Park to regulate usage of skate park.

SECTION 2: ORDINANCE

Any person desiring to use the skate park facility located in Veterans Park must obtain a photo identification card from the Recreation Department and pay the applicable annual usage fee according to the following schedule:

RESIDENT FEE NON-RESIDENT FEE $25.00 $50.00

$10.00 (second family member) $20.00 (second family member)

$5.00 (third family member) $10.00 (third family member)

$0.00 (fourth family member) $0.00 (fourth family member)

All cards shall be valid from the date of issue until December 31 next. Proof of residency shall be required to obtain a photo identification card at the resident fee rate. No person under the age of seven years may use the skate park. The Recreation Department may require a birth certificate as proof of minimum age before issuing a photo identification card. All fees paid pursuant to this section shall be collected by the Recreation Department.

SECTION 3: INCONSISTENT ORDINANCES

All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repeated to the extent of such inconsistency.

SECTION 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to N.J.S.A. 40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set forth at N.J.S.A. 40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

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

AYES: Councilmen Butler, Cucchiara, Greene, Hoff, President Maher.

NAYS: Councilmen Redmond, Sohor, Testino, Councilwoman Marinaccio,

ORDINANCE FOR FIRST READING

Amending Ordinance to Increase Alcoholic Beverage Fees

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 15-01

An Ordinance of the Township of Old Bridge Amending Section 6-3.4 of the Township of Old Bridge
to Increase Liquor License Fees

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

SECTION 1: LIQUOR LICENSING FEES AMENDING OF THE OLD BRIDGE TOWNSHIP CODE SECTION 6-3.4 AT SUBSECTION (a) THEREOF CONCERNING LIQUOR LICENSING FEES.

The code of the Township of Old Bridge is hereby amended at Section 6-3.4(a) to increase liquor license fees by twenty percent (20%)

TYPE OF LICENSE PRESENT INCREASE NEW FEE

Consumption $1,313.83 $262.77 $1,576.60

Distribution $1,149.61 229.92 1,379.53

Club 124.41 25.59 150.00

SECTION 2: SAVINGS CLAUSE

The remaining subsections of Section 6-3.4 shall remain in full force and effect.

SECTION 3: INCONSISTENT ORDINANCES

All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repeated to the extent of such inconsistency.

SECTION 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

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.

ORDINANCE FOR FIRST READING

Amendment to Use of Library Property Ordinance

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 16-01

ORDINANCE SETTING FORTH THE PENALTIES FOR CERTAIN OFFENSES AGAINST THE OLD BRIDGE PUBLIC LIBRARY

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

SECTION 1: PURPOSE

The purpose of this Ordinance is to increase the fine for the destruction of library books and other such offense against the Old Bridge Township Library.

SECTION 2: ORDINANCE

Section 4-21.2 of the Code of the Township of Old Bridge is hereby amended by substation as follows:

Violation, Penalty. Any person who violates or refuses to comply with the regulation and provision of this section shall, upon conviction thereof, be subject to a fine not to exceed the sum of one hundred ($100.00) dollars.

SECTION 3: INCONSISTENT ORDINANCES

All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repeated to the extent of such inconsistency.

SECTION 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to N.J.S.A. 40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set forth at N.J.S.A. 40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

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.

APPOINTMENT

Appointment - Rent Stabilization Board (Landlord).

RESOLUTION #157

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

BE IT RESOLVED that Anthony Spirito be appointed to the Rent Stabilization Board, Landlord for a term to expire December 31, 2001.

Moved by Councilman Butler, 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.

LIQUOR LICENSE

LL-1 Madison Park Volunteer Fire Co., Inc. - Renewal of Club License 1999/2000 and 2000/2001 Licensing Terms - (Approved by the Division of A.B.C.)

RESOLUTION #158

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

WHEREAS, the applicant listed below has applied to the Township of Old Bridge, in the County of Middlesex and the State of New Jersey for the renewal of their Club Licenses for the period of 1999-2000 AND 2000-2001; and

WHEREAS, they have complied with the rules governing the renewal of Alcoholic Beverage Club Licenses and having paid the fee of One Hundred Twenty-four dollars and forty-one cents ($124.41) for each year; and as no objections have been received to the renewal of said license;

NOW, THEREFORE, BE IT RESOLVED that the Clerk of the Township of Old Bridge be and is hereby authorized to issue the applicants a renewal of their Club Licenses for the period 199-2000 AND 2000-2001, effective March 26, 2001.

State License # Licensee

1209-31-040-001 Madison Park Volunteer Fire Co., Inc.
3011 Cheesequake Road
Parlin, NJ 08859

Moved by Councilman Butler, 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.

Public Comments

Mr. Desai: The information guide that the administration had published no longer lists the chairperson of each board. Why is that?

Mayor Cannon: I will pass that on.

Mr. Lewicki: I have had the opportunity to review the stream encroachment permit for Cottrell Road. I am greatly disturbed by what I read, there are a lot of inaccuracies and because of that the huge three volumes are meaningless. I would hope to impress upon the council that this is going to be a very critical application before the DEP. It appears as if the applicant is trying to exclude certain streams from the DEP jurisdiction. It is going to be incumbent upon us to tell the applicants its wrong. Cottrell Road is a County Road, the proposal that they are putting forth requires curbing be put on their side of the road; 8 inches high. Currently the waters that flood the area and flow across Cottrell Road and on to the property, the 8 inch curbing is going to impede that flow and cause Cottrell Road to flood. That is why it is critical that the County Engineer get involved. They are proposing to cut culverts on their property that based on their inaccuracies are going to be undersized. This council had to bond for $750,000.00 to take care of drainage problems at Oakwoode. I think that will be chump change in the event that errors are made and construction is allowed to proceed. I would again like to impress to the council that this will be a critical application and that we engage the county and our engineering departments to carefully assess this proposal.

President Maher: Have you discussed this with Nelson?

Mr. Lewicki: I spoke to him very briefly this morning.

President Maher: I share your concerns.

Mayor Cannon: I do also. I notified Nelson that this is a real critical area and I will speak to him further. We may have to get someone with expertise in this area to review it.

Dominic Cicio: I am here today as a father, taxpayer and a concerned resident about the skate park fees. I cannot see charging kids a fee to use a public park. I love to see our parks over crowded. I would ask the council to look at other alternatives. I have read a lot of newspaper articles on this; East Brunswick is thinking of building a skate park. Aberdeen has a skate park that our kids from ward one use everyday. If every town starts charging a fee, you won't have the kids mingling and getting along. Let the kids come and no fees please. Thank you.

President Maher: Can you take it back to your membership of the special police officers, would they be willing to donate their time? Can you take that back?

Mr. Cicio: Wait a second.

President Maher: I am just asking you, can we try that?

Mr. Cicio: I put in more hours for free and you all know that.

President Maher: I am just asking you to bring that back to the membership.

Mr. Cicio: That should not be the problem for the fees.

President Maher: That is not the problem, but that is one of the things that the council is looking into.

Mr. Cicio: I am sure that there are plenty of volunteers that would work these parks. In my personal opinion, you should have a full-time cop in the park everyday; as a regular patrol. I'd love to see a thousand kids in the park. I really don't think that it is a cost of a special police officer. To answer your question, I will work it for free.

President Maher: Can you work something out with Tom, to see if we need to look into this? That is one of the issues.

Mr. Cicio: You have to contact the police department and ask them. I am willing to say that I will donate some of my time.

Mayor Cannon: This, as far as I know, was never a consideration to try and offset costs. We are absorbing an additional cost because of the special police. It really came from the users of the park to try and give more space to Old Bridge residents. We are trying to see if there are other ways to differentiate between our residents and out of town residents.

Mr. Cicio: Fees have a way of creating exclusivity. If you do this, you will have a park for the chosen few and that is morally wrong. It is wrong to charge fees for a public park. This is more than an issue of cost. You budgeted $41,000.00 for special police, that should of been done before you built the park. You spent $120,000.00 and now you want charge $25.00 per kid a year. What is that going to bring in? 100 kids; $2,500.00, that is not offsetting your cost.

President Maher: That wasn't the primary reason.

Mr. Cicio: What is the reason? The park is overcrowded.

Councilman Greene: It's not a park, it's a facility within a park.

Mr. Cicio: I ask that you look at every other alternative because I think it is morally wrong.

Councilman Cucchiara: I think that fee is too high, but when there is damage to the park and things have to be repaired in the skate park... If there was a structure we could set up, through sponsorship of roller blades... Those boards are going to break and they will need to be repaired. I am not looking to drive kids out of the park.

Mr. Cicio: That is why you have a budget process, that is part of the planning when you build something like this. You shouldn't of built it, if you couldn't afford it. Are you going to charge the kids that use the baseball field?

Councilman Cucchiara: The parents are charged to use the facilities.

President Maher: We will look into the issue.

Lucille Panos: There is one part of the skate park broken. What is going on with that?

Mr. Badcock: The contractor is repairing it at his own expense. It was from the heavy snow.

Seeing no hands President Maher closed the public portion.

Council Comments

Councilwoman Marinaccio: I would like to thank everyone for their cards and prayers during my son's illness. My family and I would like to thank you sincerely.

MOTION

to adjourn by Councilman Cucchiara, seconded by Councilman Redmond and so adjourned at 9:40 p.m. on an all aye vote

__________________________________

Dennis M. Maher, President

___________________________________

Rose-Marie Saracino, Township Clerk

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