Old Bridge Township, New Jersey - May 29, 2001 Minutes

A Regular Meeting of the Township Council of the Township of Old Bridge was held on May 29, 2001 in the Municipal Complex. The meeting was called to order at 8:00 p.m. by President Maher who invited all to participate in a salute to the flag followed by a short prayer.

Moments of Silence - In Honor of Ludwig Rutkowski and Hy Babchin

Councilmen Butler and Hoff requested these moments in memory of Messrs. Rutkowski and Babchin respectively.

Councilman Butler: Mr. Rutkowski passed away May 17. He was the original founder of the Madison Park First Aid Squad. Mr. Rutkowski mortgaged his house to fund the first aid building. He served in WWII and the Korean War. I was in his company last week during the emergency drill. Mr. Rutkowski was a committed volunteer who possessed much wisdom. He will be greatly missed by our community.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next meeting would be held on Monday, June 4, 2001 at 8:00 p.m.

Roll call by Clerk Saracino showed the following answering present: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Councilwoman Hegarty, President Maher. Councilman Testino arrived late. Councilman Sohor was absent.

No. 238 Approval of Minutes.

RESOLUTION

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

the following minutes are hereby approved:

Combined - 3/12/01 Agenda - 4/2/01
Agenda - 3/19/01 Regular - 4/9/01
Executive - 3/19/01 Executive - 4/23/01
Regular - 3/26/01

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

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

NAYS: None.

ABSTAIN: Councilwoman Hegarty.

ABSENT: Councilmen Sohor, Testino.

No. 239 Bill List.

RESOLUTION

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

WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of May 29, 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 May 29, 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 $6,182,427.17 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilmen Sohor, Testino.

No. 240 Bill List.

RESOLUTION

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

WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

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

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

NAYS: None.

ABSENT: Councilmen Sohor, Testino.

No. 241 Bill List.

RESOLUTION

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

WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Councilwoman Hegarty.

NAYS: Councilman Hoff, President Maher.

ABSENT: Councilmen Sohor, Testino.

Preliminary Public Comment.

Mr. Campbell (24 Lenox Avenue): I would like clarification of an ordinance which pertains to a home being utilized as a base of operation for a business endeavor. My problem arises out this party parking his commercial vehicles in his driveway and on the street, and on numerous occasions in front of my home. I believe that the zoning code covers the prohibition of these actions under Chapter 7-29, paragraph "Q", items 8 and 9 which deal with parking. I have spoken to the code official, and was told that this was legal. That section dealt with customers of the business.

The property being used in under the wife's name. I think this is another violation since he is not the homeowner and has no right to operate a business from that home. The property has a fenced rear yard with a side street egress which should be used for the parking. Old Bridge prohibits a homeowner from extending a six-foot stockade fence beyond the front line of their home, but according to the code official anyone can park a eight foot step van truck on their driveway. The vehicles involved are registered to an address not in Old Bridge. This individual parks in front of my home because he does not like the fact that I park a pickup truck in front of my home. He believes that he has a right to park his commercial vehicles any where he desires. A new code should be written or the present one enforced to not allow people using their homes as a parking area for their business vehicles thereby saving the cost of parking at another area. Perhaps the code is so vague that it encourages business people to buy a home in a residential area to park their business vehicles. Let's keep our residential areas that way. (Mr. Campbell supplies photos.)

President Maher: Mayor, please have Nelson investigate this. We will track this for thirty days. We will research this ordinance to determine if legally we can do anything.

Councilman Cucchiara: We should have the zoning attorney look at this for his interpretation.

President Maher: I want the police to become involved to determine if there are any traffic or safety hazards.

Mr. Seewald: The Board of Education budget was defeated, and you had a hearing with the Board of Education. In September there will be a $60 million plus referendum. The Board of Education budget is approximately 2.5 times the size of the municipal budget. Residents don't separate school and municipal taxes. I have noticed that more families are moving in with children. The Board of Education has space for only 300 plus students. If the schools are overcrowded, putting $60 million to 300 students, does not solve the problem. You have agreed in the past to bond for funds for the Board of Education. This opens a "Pandora's box", and you have to look at the referendum. If the referendum is defeated, you are going to have to figure out where to put the students.

Mrs. York: The gas company left Marlboro Road in a deplorable and dangerous condition. Motorists driving in the southbound direction are on the opposite side of the road because the patching that was done is terrible. A street sign was taken down and has not yet been put back up. We have to start getting after these companies.

Mayor Cannon: They have to obtain a road opening permit, and I believe they have to post a bond.

Mr. Donatelli: These utilities have a certain amount of time to clean up and make repairs. If not, I take their money.

Mayor Cannon: We will follow up with the county and the utility.

President Maher: Please send the inspectors out to Marlboro Road and determine if we have recourse against the utility company.

Mayor Cannon: This is a county road.

Councilman Greene: Marlboro Road is odd in that the county owns a portion up to Southwood Drive; the rest is township owned. The portion of the roadway referred to by Mrs. York is owned by the county. I wrote to the county and the response I received was that they are satisfied with the utility work. They acknowledge that the road is deteriorating, and they plan to repair it in two years. I find that unacceptable, and I want to pursue this.

Mayor Cannon: If Mr. Greene would like to share the letter, we will follow up on this.

President Maher: Let's take the lead contacting the proper authorities. We will track this for thirty days.

Hearing.

1. Amboy National Bank - release/reduction performance guarantee Lots 2.11 and 2.12 Block 4185 - Application No. 84-98P - Suggested new date July 23, 2001 at 7:30 p.m.

Consent Agenda.

No. 242 Bingo/Raffle.

RESOLUTION

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

WHEREAS, the following organizations have made application to hold, operate and conduct a Bingo/Raffle; said applications being in accordance with the statutes relating thereto.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Clerk is hereby authorized and directed to issue to the applicant the following licenses:

St. Thomas the Apostle Senior Citizens Club - BA61-01
St. Thomas the Apostle Senior Citizens Club - RA62-01

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

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

NAYS: None.

ABSENT: Councilman Sohor.

No. 243 Amending Housing Authority appointment of Colleen Flynn-Antonis (term expiring 5/18/06 not 5/18/03)

RESOLUTION

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

WHEREAS, Resolution No. 216 was adopted on May 7, 2001 appointing Colleen Flynn-Antonis to the Housing Authority for a term ending May 18, 2003; and

WHEREAS, the appointment of Colleen Flynn-Antonis to the Housing Authority is a five year appointment; and

WHEREAS, the correct term ending date of the appointment of Colleen Flynn-Antonis to the Housing Authority is May 18, 2006.

NOW, THEREFORE, BE IT RESOLVED that Resolution No. 216 is hereby rescinded and the term of Colleen Flynn-Antonis is hereby corrected to May 18, 2006.

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

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

NAYS: None.

ABSENT: Councilman Sohor.

No. 244 Authorizing review of tree ordinance by CMF, A Tree Expert Company (Gary Lovallo) not to exceed $2,000.00.

RESOLUTION

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

WHEREAS, the Township of Old Bridge requires the review of Shade Tree Ordinances from various municipalities to compare the applicability to the Township's needs; and

WHEREAS, CMF, A Tree Expert Company, is a licensed New Jersey company who is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with CMF for purposes of providing the aforesaid review of Shade Tree Ordinances.

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 CMF in an amount not to exceed $2,000.00 for review of the Shade Tree Ordinances.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #965 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.

The Resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Sohor.

No. 245 Canceling outstanding Current Fund Checks totaling $2,456.65.

RESOLUTION

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

WHEREAS, there are certain Current Fund Account checks that have remained outstanding in excess of two (2) years; and

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

OUTSTANDING CHECKS - CURRENT FUND

DATE CHECK

ISSUED NO. AMOUNT VENDOR

01/10/00 593950 $140.00 JH
01/24/00 594216 5.00 SPCA of Illinois
04/24/00 595329 210.00 JB
04/24/00 595349 210.00 MC
05/08/00 595469 210.00 DC
05/08/00 595490 139.50 Gann Law Books
05/08/00 595529 210.00 MC
05/22/00 595674 210.00 FA
05/22/00 595706 210.00 LS
06/26/00 596078 76.00 AO
06/26/00 596079 210.00 AO
06/26/00 596209 461.00 Summit Insurance Advisers
06/26/00 596238 165.00 Peterson, Maryann

$2,456.65

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old bridge that the above listed outstanding checks totaling $2,465.65 be canceled.

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

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

NAYS: None.

ABSENT: Councilman Sohor.

No. 246 Authorizing a budget transfer in the amount of $5,000.

RESOLUTION

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

WHEREAS, it has become necessary to expend for various purposes which are specified in the budget, an amount in excess of the respective sums appropriated therefore, and

WHEREAS, there is an excess in certain other appropriations which are specified in the budget which are legally available for transfer; and

WHEREAS, under the provisions of R.S.40A:4-58, during the last two months of the fiscal year, the Governing Body has the authority to transfer the amount of such appropriations as may be deemed to be in excess to such appropriations as may require it.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Old Bridge Township that the transfer in the amount of $5,000.00 be made between the Current SFY 2201 Budget as follows:

General Account

Department From To

Historical Committee - Other Expenses $5,000.00 $5,000.00

Cultural Arts - Other Expenses

$5,000.00 $5,000.00

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

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

NAYS: None.

ABSENT: Councilman Sohor.

No. 247 Awarding Contract No. 01-08 to Pioneer General Contracting Co. in the amount of $898,997.00 for curb replacement.

RESOLUTION

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

WHEREAS, the Township of Old Bridge advertised and received bids for Contract #01-08 for 2001-2002 curb replacement; and

WHEREAS, bids were received and opened on May 17, 2001; and

WHEREAS, the Township Council wishes to award the contract for the 2001-2002 curb replacement; and to the lowest responsible bidder; and

WHEREAS, the Township Engineer has recommended that a contract be awarded to Pioneer General Contract, Inc., located at 127 William Street, South River, New Jersey, as they submitted the lowest responsible bid.

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

1. Pioneer General Contracting, Inc. Is hereby awarded a contract in the amount of $898,997.00 for curb replacement in accordance with the specifications advertised therefore.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 967 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

No. 248 Memorializing Deer Run denial of release/reduction of performance guarantee.

RESOLUTION

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

WHEREAS, the Township Council of the Township of Old Bridge has considered the release/reduction of the performance guarantee for Deer Run; and

WHEREAS, a public hearing was held on May 14, 2001, at which time the Township Engineer, the Township Council and members of the public were heard; and

WHEREAS, the Township Engineer, in a report dated May 10, 2001, 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 Deer Run is hereby denied.

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

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

NAYS: None.

ABSENT: Councilman Sohor.

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

No. 249 Awarding Contract No. 01-05 to ARBE Landscaping for Higgins Road Drainage Improvements in the amount of $56,337.50.

RESOLUTION

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

WHEREAS, the Township of Old Bridge advertised and received bids for Contract #01-05 for Higgins Road drainage improvements; and

WHEREAS, the bids were received and opened on March 22, 2001; and

WHEREAS, the Township Council wishes to award the contract for the Higgins Road drainage improvements to the lowest responsible bidder; and

WHEREAS, the Township Engineer has recommended that a contract be awarded to ARBE Landscaping, located at 104 Texas Road, Old Bridge, New Jersey, as they submitted the lowest responsible bid.

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

1. ARBE Landscaping is hereby awarded a contract in the amount of $56,337.50 for Higgins Road drainage improvements in accordance with the specifications advertised therefor.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #964 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

NO PARTICIPATION: Councilwoman Hegarty.

ABSENT: Councilman Sohor.

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

President Maher: I have spoken to Rocky with respect to this Higgins Road improvement. Nelson, I want you to move forward. We are fixing the Higgins Road/Rt. 516 flooding conditions. I would like you to fix the soccer field - the problem I brought to you from the soccer field - the parking lot, the Ticetown Road. I am going to put that on the agenda for the next meeting for discussion, and we will see what we need to do with respect to that.

Mayor Cannon: We were never informed about that until today. I would like to know where the funding is coming from since you have already done the bonding for this year unless you are going to put this with the second phase and readdress some of the other issues. We have no money for that project, and there are other projects that need to be completed this year with the dollars that have been allocated.

President Maher: We will put this up for a vote when we put this on our agenda at our next meeting.

Mayor Cannon: That should come through administration.

No. 250 Concurring with the installation of a traffic signal at Rt. 9 and Inverness Drive.

RESOLUTION

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

WHEREAS, there is a large amount of pedestrian traffic across Route 9 near the Jake Brown Road and Inverness Drive intersections where commuter parking lots are located; and

WHEREAS, additional street lighting near these intersections may permit pedestrians to cross Route 9 with greater safety.

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 of Old Bridge hereby requests the New Jersey Department of Transportation to consider additional street lighting on Route 9 where Route 9 intersects Jake Brown Road and Inverness Drive.

BE IT FURTHER RESOLVED that a copy of this resolution be sent to the New Jersey Department of Transportation.

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

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

NAYS: None.

ABSENT: Councilman Sohor.

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

Councilman Greene: This looks like a simple item, but it is really significant in that it addresses a dangerous situation which exists right now on Rt. 9 when commuters get off the bus. There is a bus stop on Rt. 9 south between Ferry Road and Cindy Street, and they [commuters] cross the highway in order to access the Inverness parking facility. In the evening it is very difficult to see these pedestrians. It is a very dangerous situation, and I am pleased that the state, after first refusing to accept a light being placed there, went out and did another survey and finally acknowledged that it was important. I congratulate the administration for pushing for this because this is a real safety concern.

Mayor Cannon: Thanks to Councilman Greene for the congratulations, but want to give credit where it is due. We have a commuter advisory parking committee who have been behind this for some time, and they deserve a lot of credit.

Councilman Redmond: How far is it from Inverness Drive to Cindy Street? I agree that this is a serious problem. We need to do something to address this, but I am concerned that this may not solve the problem.

Mayor Cannon: I don't know, but this will be a pedestrian signal only which will be activated by the pedestrians. This is not a regular traffic signal. We have given them [the state] a number of suggestions; they agreed with this one.

Councilwoman Hegarty: Adding another light is not going to stop the cars that go through the red light on Rt. 9 at Cindy Street and Ferry Road. Sidewalks allowing the pedestrians to walk to Cindy Street would be better. The light at Cindy and Rt. 9 only lasts for a short time.

Mayor Cannon: We have brought this to the DOT's attention a few times with the request for us to have a remote control to operate the light at Cindy Street or Ferry Road or both to give more time for the commuters to cross. That idea did not fly. I urge you to go ahead with this.

Councilwoman Hegarty: My fear is that by adding one more light it will increase the amount of cars going through the light.

Councilman Testino: Anything is better than non-action, particularly on this issue because somewhere on Rt. 9 we have a commuter being struck by a vehicle. Since we are investing money in the commuter parking lot, this is key to our success. I would like to see a companion resolution, one that asks for better lighting in this area and the area at Jake Brown Road. These are dark areas in the winter months.

No. 251 Petitioning the state to increase the street lighting in the areas of the commuter crossings along Rt. 9 at Jake Brown Road and Inverness Drive.

RESOLUTION

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

WHEREAS, there is a large amount of pedestrian traffic across Route 9 near the Jake Brown Road and Inverness Drive intersections where commuter parking lots are located; and

WHEREAS, additional street lighting near these intersections may permit pedestrians to cross Route 9 with greater safety.

BE IT FURTHER RESOLVED that a copy of this resolution be sent to the New Jersey Department of Transportation.

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

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

NAYS: None.

ABSENT: Councilman Sohor.

No. 252 Awarding Professional Service Contract to James D. Cummins & Co., Professional Roof Consultants in the amount of $2,500.00 for the Old Bridge Public Library.

RESOLUTION

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

WHEREAS, the Township of Old Bridge requires roofing consultants for repairs to the Old Bridge Public Library roof; and

WHEREAS, James D. Cummins & Company is a licensed New Jersey roofing consultant who is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with James D. CUMMINS & Company for purposes of providing the aforesaid roofing consultant services for the Old Bridge Public Library.

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 James D. Cummins in an amount not to exceed $2500.00 for repairs to the roof at the Old Bridge Public Library.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #966 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Sohor.

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

Councilman Greene: This has to do with the Old Bridge Public Library. In reviewing the backup, what this $2,500 does is hires a consultant to inspect the library's roof and make a recommendation as to the roof's repair or replacement. Who's responsibility would this be?

Mayor Cannon: Money was set aside to correct potential problems. Instead of taking the warranty, it was decided that the best thing to do was to put money in escrow so that if and when there were problems with the roof, this fund could be used to address those problems. There is $140,000 in an escrow fund for this purpose.

Councilman Greene: The $2,500 would come out of the escrow, and if the roof needed to be repaired and/or replaced, the remaining money would come out of the escrow.

Attorney Ruggierio: This is one of the tributes that I would give to Mr. English. As we were going through the litigation with the library, we reached a point where we could compel the repair of the roof to a standard where they would issue the warranty. Mr. English suggested not making the repair, save the $135,000 that was recovered in our claim, and keep that money in the bank in the event of future problems. The point to be emphasized is that the problems that existed at that time are not now manifesting greater problems. We would have spent the money and received a piece of paper. Instead we have a fund out of which we can now repair the library roof.

Councilman Hoff: A roof is guaranteed by the manufacturer. Who has access to the funds for the repair?

Mr. Shah: The township has the control, but the library makes the decision. That was the agreement at the time. The township financed the construction of the library. When the library needs a repair, they will ask the township for the money.

Councilman Hoff: We have good consultants in-house. What is their recommendation? We have an on-going relationship with roof contractors. Should they be consulted? We have two agencies responsible for the same money.

Mr. Shah: The reason we control the money is that we were the contracting agency, and we were the one who paid for the construction and for the roof. We held the money. The operation of the library is a decision of the board. We make contributions to the library, but they decide how the money will be spent. Under that scenario, they will decide when the roof will be repaired.

Councilman Hoff: Why do we not consult Bob Heims? If we are responsible to make the payment, it is a capital project and not a condition of operating. That makes no sense.

Ms. Ketterer: We did speak with Bob Heims, who recommended Cummins to do the actual consulting on the roof project because they know roofs.

Councilman Hoff: The words "professional roof consultants in the amount of $2,500 for the Township library" should read "for the Township of Old Bridge" because we are responsible for the capital improvements and maintenance of our buildings.

Mr. Shah: The Clerk's office labeled this item so that everyone knows that this project is related to the library. It is a township controlled project.

Councilman Hoff: I assume that we will be receiving a report from the consultant.

Mr. Shah: Yes.

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

Discussion.

1. Cheesequake Village Dam

Attorney Ruggierio: Council received copies of my transmittal to Mr. Ferdun, the lawyer for the dam. I assume that he will respond to us quickly concerning the association's point of view about the acceptance of giving over the easement. I have started to assemble the names of the other parties with interest along and around the lake that have to give us conveyances in order to implement the plan that Mr. Iglesias has given us. Things are moving along, and I expect to convene a meeting shortly with the homeowners of Barclay Square to speak to them. Mr. Ferdun asked us today for another copy of the maps.

Reports.

1. Duhernal

Mr. Iglesias: We met with the homeowners of the area, and I spoke with representatives of Duhernal. I am setting up a meeting with Duhernal. By the next council meeting I should have a more affirmative plan as to how we are going to proceed with this.

Councilman Cucchiara: There is still a question about the creek on Phase I of the project.

Mr. Iglesias: I was advised that the DEP has approved that so this is a question of proceeding with the removal of the sediment.

Mr. Pagnotta: The flow of water on West and North Streets is flowing nicely.

2. Peoplemover, Inc. - Lots 47.12 and 47.13 Block 26009 Old Bridge/Englishtown Road - South of Lorton Road.

Ms. Shepler: Council has a report in their packets.

President Maher: Can we speak on this considering this is an initiative before the planning board? Should we be involved in this discussion.

Mayor Cannon: Only council can vacate the street.

Ms. Shepler: This is a request for a vacation of a paper street. The application is pending, and both Mr. Iglesias and Mr. Rizzo have recommended that this be done. The request originated from Mr. Heilbrunn.

Councilman Cucchiara: Is it true that in order to get this approval, he has to buy it? I have spoken to the residents, and they are against it.

Attorney Ruggierio: Vacation of a road is within the jurisdiction of the council. It is not uncommon for the council to get this type of request from the planning board or endorsed by the planning board. You would take into account such things as the disposition of neighbors, the questions of whether or not the matter might be as expensive or extensive as Mr. Rizzo has indicated in this memorandum. The thing to do might be to have the planning board give you a recommendation. I find it surprising that Mr. Rizzo's advice to you would not just be endorsed by the planning board, although I am sure it will be.

President Maher: Many residents are opposed to this.

Councilman Cucchiara: They want to put in a child care center next to a creek. There is not enough room for parking. When you come out, they only want you to make a right turn on the county road; you cannot make a left turn. They have to make a right turn, go down Englishtown Road and look for some place to make a U-turn whether it be on Brookside, Mimi or Tortorice. This is a problem.

Mr. Tilton (attorney with Heilbrunn Pape on behalf of Peoplemover, Inc.): During the course of the review of the pending site plan application, one of the comments from the staff was that inquiry be made from the township council as to the future intentions with regard to Lorton Road and whether or not the township council plans on vacating the right of way at the rear of the subject property. To answer a question, and I believe this should remain within the province of the planning board. There is no bulk variance required or we not will alleviate a bulk variance condition if we require the property one way or not. It will not revise the site plan as pending before the planning board. We are here at the direction of the staff with regard to their review of the application before the planning board. I ask that the council either send a memo back to the planning board and adopt a resolution one way or the other so that we can satisfy the staff and we can proceed. They are scheduled for July 10.

No. 253 Stating the intention of the township council to reject the sale or vacation of Lorton Road as requested by Peoplemover, Inc.

RESOLUTION

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

the Township Council wishes to state its intention that the sale of the Lorton Road property or vacation of Township interests therein as requested by Peoplemover, Inc., be and hereby is rejected.

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

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

NAYS: None.

ABSENT: Councilman Sohor.

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

Mr. Koehler: This application is pending before the planning board, and we plan to make site visits to some of the other Peoplemover facilities. We would welcome input from the public and members of the council. The issue related to the vacation of Lorton Road occurred because there were questions from board members regarding the paper street that adjoined the property. There is no decision or recommendation from the planning board at this time.

Seeing no further hands President Maher closed the public portion. Prior to the roll call vote the following discussion took place.

Councilman Greene: I did not read Mr. Rizzo's memo, but did receive correspondence and a map upon which I cannot make a decision. Reference is made to the fact that Peoplemovers property is outlined in blue, but on the copy the blue does not show up. I would like to visit that property to see what it is like and determine if this makes sense. I would concur for the time being.

Councilman Hoff: Shouldn't we wait until the planning board acts?

Attorney Ruggierio: I was speaking to Mr. Redmond about the fact that he is on the planning board, and he wanted to know if he would have a conflict. I told him that the statute certainly contemplates that he wear two hats as a councilman and a council representative to the planning board. I think he will not have a conflict considering this.

Councilman Hoff: Would it not be more proper that we do not act on this because it is before the planning board?

Attorney Ruggierio: I don't know if there is any set procedure for how this is supposed to come before your. It seems clear from Richard Tilton's remarks that the planning board is now considering the application, and the staff has said that the township council ought to be asked about selling these rights or vacating the rights that may exist in the public. This request has been made pursuant to that observation. I am sure that we can let this play out before the planning board and ultimately it may come to you as an inquiry from the planning board. My answer is "no" that this does not make a difference that this is before the planning board now. It will be your judgment to make as to whether or not this happens.

Councilman Cucchiara: I believe the attorney said that it did not make a difference, and that they were going ahead whether we sell the property or not. It does make a difference if we vote tonight. Why can't we vote to tell the planning board that we are not selling the property. This does not make a difference either way.

President Maher: There is a motion to send a resolution to the planning board stating that the Township Council is not interested in vacation or selling Lorton Road to Peoplemovers, Inc.

Ordinance for Second Reading.

Councilman Hoff: We had a consultant, and I have not heard their final report. I understand that via correspondence before me that he could not be here tonight. Until that consultant arrives, I think we should table the discussion and action on this tonight.

TABLED TABLED

Township of Old Bridge
Ordinance No. 13-01

An Ordinance Amending the Land Development Ordinance of the Township of Old Bridge Regarding Town Centre Design Zone

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

This ordinance makes various changes to the Land Development Ordinance of the Township of Old Bridge necessitated by the adoption of the Town Centre Design Ordinance.

SECTION 2: AMENDMENTS

A. Section 7-2 (A)(3) of the Land Development Ordinance of the Township of Old Bridge is hereby amended by the addition of the following subsection:

Regulation of uses and design are contained in the ordinance document entitled "Town Centre District Zoning and design Standards" which is incorporated into this Land Development Ordinance by this reference.

B. Section 10-11 of the Land Development Ordinance of the Township of Old Bridge is hereby deleted in its entirety and amended by substitution as follows:

In addition to the design standards otherwise set forth in this Article X, the design standards provided in the document entitled "Town Centre District Zoning and Design Standards, are hereby incorporated into this Ordinance and shall be adhered to for all development in the Town Centre Design Zone. Where the standards contained therein conflict with the standards otherwise set forth in this article the standards therein shall govern.

SECTION 3: INCONSISTENT ORDINANCES

All ordinance 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 of the ordinance 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 (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 Hoff, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: Councilmen Greene, Redmond, Councilwoman Hegarty.

ABSENT: Councilman Sohor.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 30-01

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AUTHORIZING THE SALE OF CERTAIN PROPERTY OWNED BY THE TOWNSHIP OF OLD BRIDGE
AND SETTING THE TERMS AND CONDITIONS OF SUCH SALE (Block 16004, Lot 52)

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 Township of Old Bridge is the apparent owner to certain property known as Block 16004, Lot 52 on the Tax Map of Old Bridge. This land is no longer needed for public use and the Township Council desires to authorize the sale of the property at auction in accordance with N.J.S.A. 40A:12-13.

SECTION 2: AUTHORIZATION TO CONDUCT AUCTION: SALE PRICE

The Township Administrator is hereby authorized to conduct an open public sale at auction to the highest bidder in accordance with N.J.S.A. 40A:12-13. The minimum price for the interest which is authorized to be sold under this ordinance is $1.00.

SECTION 3: NOTICE

The Township Clerk shall cause the Notice of Sale and Public Notice to be provided in accordance with the statute.

SECTION 4: OTHER TERMS AND CONDITIONS OF SALE

The Township of Old Bridge makes no warranty concerning the marketability or the insurability of title to the said parcel. In the event title of the Township of Old Bridge to the said parcel, or portion thereof, is not marketable or insurable at regular rates by a reputable title insurance company licensed to do business in the State of New Jersey, a successful bidder's sole remedy shall be the right to demand the return of any deposit paid to the Township of Old Bridge.
At least fifteen (15) days prior to the date of settlement, the successful bidder will provide the Township Attorney with the following:

A.) Preliminary report of title with legal description; and

B.) Current survey

At least ten (10%) percent of the minimum sales price shall accompany bid, which may be by personal check. The balance of the bid price or purchase price shall be in cash, certified or official bank check, payable at the time of transfer of title, but in no event later then thirty (30) days after the date of the land sale; except in the event that the Township Attorney certifies to the Township that questions of title exist, in which event, payment shall be made within ninety (90) days after the date of land sale, unless further extended by resolution of the Township Council.
In the event a successful bidder shall fail to pay the balance as herein provided, the payment made at the time of sale shall be retained by the Township as liquidated damages for the non-performance of said bidder.
The sale of said land shall in no way obligate the Township to cut, grade, construct, improve or otherwise provide roads for the benefit of said land.
The form of conveyance of said land by the Township shall be a standard form of Quit Claim Deed. The successful bidder shall notify the Township Attorney in writing of any specific request for designation of grantees in said Deed. The right to reject any and all bids, including the highest bid, is reserved.
All sales and conveyances shall be subject to all covenants, conditions, easements, and restrictions, whether the record or not, as well as subject to all presently existing municipal rules, regulations and ordinances, including the Zoning Ordinance and amendments hereto of the Township of Old Bridge. The sale of any parcel shall in no way bind the Township to provide access or to improve presently existing accesses, whether there be public roads or not, nor is there any representation that, in fact, accesses do exist to any parcels named herein.
The Deed of Conveyance from the Township to the successful buyer shall contain the following restrictions:

A.) This property shall not be utilized for any purpose which is tax exempt from municipal property taxes unless the owner thereof shall pay an equivalent amount to the Township of Old Bridge, which it would otherwise pay as municipal taxes if the said use of the property was not tax exempt (municipal, school, county, fire district, etc. taxes). This payment in lieu of taxes shall be paid wholly to the Township of Old Bridge, and shall be a condition upon the sale and a restriction as to the use of the property which shall run with the land.

B.) This property shall be utilized solely as open space.

C.) No improvements may be built on the property.

D.) Any future sale of the property shall be subject to the restrictions enumerated herein.

E.) The Township of Old Bridge shall have the right of first refusal should the property be put up for sale.

The Township Clerk shall make known the restrictions set forth in this section in the advertisement and invitation to bid and shall comply with the statute's direction to receive bids under "Option A and Option B" as provided in N.J.S.A. 40A12-13.

SECTION 5: AUTHORIZATION TO EXECUTE DOCUMENTS

The Township Attorney, Mayor and Township Clerk are hereby authorized and directed to execute and deliver any documents necessary to effectuate the subject conveyance.

SECTION 6: 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 7: 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 8: EFFECTIVE DATE

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

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

NAYS: None.

ABSENT: Councilman Sohor.

Public comments on any subject matter.

Mrs. Miller: When is the town centre ordinance going to be discussed?

President Maher: We need to have Mr. Sheehan attend the meeting.

Mrs. Miller: I am not against the town centre, but you are cutting mine and my neighbor's property in half. Zoning should go according to property lines. On my property from Cottrell Road to the power lines, you are putting a town centre and from the power lines back to the Brunetti property you are putting into whatever the current R-20 is now. That does not make sense to me. I have the permission of Mr. Lovallo to speak for his property. Between the two of us we have twenty-five acres.

President Maher: Have you brought your concerns to Mr. Rizzo?

Mrs. Miller: No, because it is the township council who sets the zoning.

Councilman Testino: Please have Sam address this before this comes up again.

Mr. Pagnotta: Announces that the Old Bridge Lions Race for Vision is Sunday, June 10, 2001 and that many seniors don't want to pay school taxes, and the yield sign at Rt. 18 and Englishtown Road should be replaced with a stop sign.

Ms. Clavering: Speaks on behalf of the Old Bridge Township Tenants Association and expresses concern about a rent increase and its impact on tenants, and inquires when the ordinance will be discussed again.

President Maher: This [rent ordinance] was tabled last week because council was looking for additional information from Mr. Rhodes. The Fair Rent Committee will have to petition the Township Clerk to put this item back on the agenda.

Mayor Cannon: I want to express my disappointment at the council's refusal to address the Town centre ordinance. I understand that Mr. Sheehan was hired to review the ordinance. He and Mr. Rizzo have had at least two meetings to review the ordinance, and Mr. Koehler and the planning board attorney have attended the meetings. They have come to a consensus on a number of issues. Sam Rizzo can speak on the outstanding issues. We have developers poised to bring in a major supermarket into the town centre in front of Society Hill. We have developers hoping to put in strip shopping centers. They are getting their act together and will try to circumvent this. The township is not acting; we are never going to have a perfect ordinance. We do the best that we can, and I think all those who worked on this put together a good ordinance. I recommend putting this in place. We can amend, adjust and update the ordinance. Currently, we have a sketchy ordinance giving little guidance as to how we would like to see the town centre develop, and by delaying this ordinance you are doing a disservice to the residents. We are losing a lot of dollars. We could apply for Smart Growth Grants. We are hesitant because we don't have the stamp of approval from the state to proceed as a town centre. Many other communities are going ahead. We have had this concept for many years. I don't understand why we are delaying this.

President Maher: Sam, please inform us of the status of the caucus sessions with Mr. Sheehan. Please tell us about the issues that you have resolved and what are the outstanding issues.

Mr. Rizzo: I have summarized this in my memo. When we last met, you gave me orders to go meet with your consultant, Mr. Sheehan. We had several meetings, did our homework, put together the discussed changes, and brought back to you the issues not agreed on for the council to decide on. Whether Mr. Sheehan is here or not, the issues are the same. You will have to make the decisions. Decide on the issues that you are comfortable with; put off the ones that you are not. To delay this hurts the town.

President Maher: Are there any roadblocks between you and Mr. Sheehan?

Mr. Rizzo: On the second page of the memo it begins - "There are still a few issues which we were not able to completely agree on and may be considered policy decisions that the council has to make." The first decision is the parking ratio. Our ordinance calls for one space per 400 square feet of commercial area. Mr. Sheehan believes this number should per 300. There are ordinances that call for three per 1000 which is one per 333. The trade off is that we said that the floor area ratio (the ratio of the building size to the lot area) and the landscape area ratio according to the other standards for similar uses, and if we do raise the parking standard, those numbers have to change. We either have to put less landscaping on the site or less building area. The question is how much parking is enough.

Mr. Sheehan and I tried to find answers to that, and I was unable to come up with anything other than what I had already given you. When I last spoke to Mr. Sheehan he was unable to come up with a concrete number. The way to resolve this is to choose a number - one per 300 or one for 400 or somewhere in between, and we have to see how this works out. There are no standards developed because towns are much different than shopping centers. Each town is different because of the parking proximity to the town.

The second issue is the type of uses permitted in the zone. The issue that Mr. Sheehan and I differed on is that the retail floor should have as many retail uses next to each other as possible, and they should not be interrupted by too many service uses. There should not be a gap between services. Mr. Sheehan's point of view is that service uses help feed the town centre, and we agree with that completely, but we don't want them to interrupt the town center. The ordinance was structured in such a way that the services uses in the 1A commercial district will only be permitted on the second floor. In the 1B commercial district they would be permitted on the first and second floor. The core would have the retail uses close together. That is the difference. The council would have to decide this.

The building size is another issue. The ordinance calls for a maximum building size of 10,000 square feet; Mr. Sheehan believes this should be 25,000 square feet. His reasoning is that there are certain uses at 25,000 square feet that would be appropriate for the town center. My reasoning is that there may be, but they should be the exception to the rule.

President Maher: How large is the Bush Center?

Mr. Rizzo: The Bush Center is 13,000 square feet. The Civic Center is 10,000 square feet. The footprint on the first floor of the building we are in now is about 30,000 square feet. He wants the size of this building to be the maximum. If you consider the pharmacies that have been approved in the township, the largest one is 11,143 square feet. Three of the four are at 10,000. The Eckerds built in Aberdeen are 10,000 plus square feet. They are the same as the one that has been approved across the street.

President Maher: Mr. Sheehan's recommendation is that the maximum size of the building be 25,000?

Mr. Rizzo: Yes. We looked at the Future Chevrolet building. The first floor measures 22,084 square feet to give you an idea of the prospective. My concern is not so much the square footage of the building. The ordinance provides for buildings greater than 10,000. We can have one use that is 30,000 square feet divided between three floors. Our concern is that this does not interrupt the flow of pedestrians. If you had this building on Rt. 516 and only one user, and someone had to walk to one end of this building to get to the next user, they are not going to do this. The ordinance provides for this size building if you broke up the interior into smaller parts, and if you modulated the outside to look like different buildings. I believe that one user for 25,000 should be the exception to the rule.

Councilman Cucchiara: Tell me about the major supermarket for that area.

Mayor Cannon: It is an Acme, and I don't want it. I don't think the Town centre is an appropriate place for supermarket. We are looking into smaller stores. Raising up the square footage could encourage larger stores.

Councilman Redmond: If we don't have an ordinance in place, a builder could go in front of a judge and claim there is nothing in place to restrict us from building and what right does the township have to turn us down.

President Maher: What about the curbside parking?

Mr. Rizzo: Until we have our traffic expert run this through the model, and we sit with the county engineer with those results, that is an issue that should be deferred. I am not sure that we should throw out the entire ordinance and wait for that decision. We have a lot of people that could use the lack of an ordinance to help them get something that we don't want. If the council is comfortable with 85% of the ordinance, let's defer the issues that you are not comfortable with.

President Maher: Where do we stand with respect to the letter I wrote to the county planner on your behalf with respect to the traffic and curbside parking?

Mr. Rizzo: That is still outstanding. We received responses from them stating they want to look at the traffic information. I know that Mr. Heilbrunn has sent a traffic report that was produced for the application across the street to the county engineer, but I think that everyone is waiting for our traffic consultant to run this through the traffic model because that is the most accurate and reliable and would hold up best in court. Everyone needs to wait. One of the things that Mr. Sheehan and I spoke about was that he was not aware of some of the things that we built into the ordinance, and I believe that his comfort level was better than when we he first met with you because he was not aware that we had put the parking spaces in pairs for ease of entering and exiting the parallel parking spaces so as not to disrupt traffic. The concern he had was that we were putting the parking too close to the intersection. We have no problem bringing that back from the intersection as far as needed. His concern was that if this is too close to the intersection, people may not be able to leave the spaces because of the backup from the intersection. We simply did not calculate that. We took the county's estimation of that.

President Maher: There are residents who have concerns with how the property lines were drawn. How would you address that?

Mr. Rizzo: That is a policy decision that you are going to have to make. I can tell you where we drew the lines and why. We followed the power line because one of the problems we had with where the zone line before was that it did not follow anything, but cut across the middle of lots. It is always best to bring a zoning line to a distinguishable features. We took it to the power line not realizing that Mrs. Miller and Mr. Lovallo's lot extend beyond the power lines. It is a question of whether you want to end at the power lines or not. I know that Mr. Brunetti's people are here to ask the question of whether or not this should be extended into their property. I have given you a report on that. This is a policy decision becoming a matter of how big you want the town centre.

President Maher: What is the classification of Mrs. Miller's lot?

Mrs. Miller: TCD 1A is the classification.

Mr. Rizzo: 1A is the core of the town centre which is the retail center. Her lot is partly in the 3C which is residential. R15 is the density with the option of transferring density.

President Maher: 50% of her property is R15; what is the remainder?

Mr. Rizzo: TCD ARC2 ( agricultural/rural/conservation) which is essentially low density environs of the town center. Environs is what the state considers to be the defined edge of the town centre, the area where there is a physical separation between the intense part of the town centre and the less developed portion. It is classified as R80.

Councilman Testino: We have had this ordinance for a couple of months, but a rush to judgment could prove fatal and we could end up with a debacle like Middletown with the residents speaking out against this after it was voted on. I don't think a lot of the residents understand the increase in the density. This means that there will be increased densities in terms of residential buildings on certain lots. The R15 means that there could be a lot more homes on that piece of land than before. That is a concern to me. Everyone wants to see the commercial development, but at what expense? Upon examining the ordinance, if you cannot prove that you are going to build out the commercial, and you are going to get the commercial headache right away with the burden of the residential, people become more ambivalent and wavering about what they would like their council to do. I noticed that some of the transfer options were changed as a result of your conversations, and there were changes that Mr. Rizzo and Mr. Sheehan had worked on and that was productive. The pressure on the counties in Middlesex and Somerset is becoming enormous to build the residential units. Our school board is reporting to us about the crunches on the facilities and their needs. They are going to keep raising taxes because of the increased building. I don't see myself rushing to judgment to pass this ordinance only to find out that another five or six hundred condos have sprung up with additional students entering the system and the pressure this causes. The school board has a referendum pending, and if this goes the way of the school budget, we are not going to have the facilities for the children to be educated in. We paid for Mr. Sheehan; let us ask our questions.

President Maher: Please check to see if Mr. Sheehan is available to come to our next council meeting, June 11.

Councilman Hoff: I am not a proponent of this project. I have a great respect for Sam Rizzo, but I don't believe in the town centre concept. I think you cannot create them; they have to be there. It is like the movie "Field of Dreams" where they built a ball field and "they" came. You can't build a town centre and guarantee that "they" will come. "They" already go to other places and not going to change their minds because you built a pretty town centre. We are certainly in conflict with the county's direction and their concerns about traffic along Rt. 516. With all this pending, I think we should not rush into this. We need to think this out thoroughly before we commit to this.

President Maher: This has been tabled. Mr. Rizzo is here to answer our concerns. We will put this back on the agenda for June 11.

Mr. Rizzo: I am not sure if the council is aware that if this ordinance does not get passed, you don't wind up with no town centre. You wind up with the town centre which you have now which is unregulated and more residential housing than this plan calls for. By not approving this, you are actually saying that we are going to allow more housing in the town centre, but we are not going to take the housing units away from somewhere else in town and bring them here. To vote this down votes for more housing in the township.

Councilman Hoff: Where is the town centre now?

Mr. Rizzo: It is here. What you have now is a town centre where all the residential units have been built, and you have nothing to show for it.

Councilman Hoff: We are a municipal center with municipal offices, but it is not a business center.

Mayor Cannon: Mr. Testino claims that 600 or 700 condos could be built with the proposal. Is that true? Do we have enough land to support that kind of density? We are talking about R80 which is two acre zoning. We only have that in the southern part of town.

Mrs. Miller: It is not my intention to sell my property. I want to keep it as open space.

Mr. Rizzo: The growth potential under the current zoning is 467 dwelling units. Under the proposed town centre, the growth potential is 242 to 483, and a lot of that depends on whether they build apartments on top of the retail which is unlikely, but this is happening in other places.

President Maher: If we do nothing, we could have over 400 units. If we do enact the town center, there could be 200 units.

Councilman Hoff: We could rezone in other ways.

Mr. Rizzo: You could, but would have to first redo the Master Plan and start all over again.

Gage Andretta (from the firm of Wolf Samson representing the Brunetti Organization): We have an intense interest in the proposed town centre ordinance. I recognize that this has been tabled and that there will be an opportunity to speak when it again comes up for second reading. We have submitted a letter from our professional planner, John Taikina, dated March 26. I submitted a letter on April 19 together with a protest from Mr. Brunetti concerning this. I want to make clear to the town council that we are not here to contest the standards that Mr. Rizzo has very laboriously worked on with respect to the architectural aspects of the town centre. Our concern is the area where our property has been down zoned from approximately 2 units per acre to one unit per two acres with a new designation of ARC2. We think this is not appropriate both in terms of forwarding the towns objective of creating a viable town centre and in addition it strips Mr. Brunetti's property in this area of substantial equity for what we believe is an illegitimate reason. We ask you to review the materials we have, and we will be back at the rescheduled hearing. We would like the opportunity to be heard with respect to Mr. Brunetti's concerns.