Old Bridge Township, New Jersey - June 18, 2001 Minutes

A meeting of the Township Council of the Township of Old Bridge was held in the Municipal Complex on Monday, June 18, 2001. The meeting was called to order at 8:05 p.m. by President Maher who invited all in attendance to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk Stella Ward announced that this meeting was being held in conformance with the Open Public meetings Act and was published in the newspaper. Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Sohor, Councilwoman Hegarty, President Maher. Councilman Testino arrived at 8:25 p.m.

HEARING

H-1 Release/Reduction Performance Guarantee J.L.R.S. (Heilbrunn Building) (Attorney requests new date - Suggested Date: Monday, September 10, 2001 at 8:00 p.m.

Release/Reduction Performance Guarantee - Carrington Woods - (Attorney requests date - Suggested Date: Tuesday, September 4, 2001 at 8:00 p.m.)

No Discussion

APPROVAL OF MINUTES

May 14, 2001/Regular
May 29, 2001/Agenda

No Discussion - Move-up

ORDINANCE FOR SECOND READING

ORD. #33-01 Adopting Schedule of fines for violation of County Park Rules

No Discussion - Move-up

ORD. #34-01 Establishing fees for Hockey Program

President Maher: I just have a question, Tom, have these fees been reviewed by the Recreational Advisory Board and do they recommend them?

Tom Badcock: I don't think they know anything about it. The person I hired to run the hockey program and worked with me to set up the fees, knows our system and these fees are based on the standard within the State of New Jersey.

President Maher: I just want you to bring it to the attention of the Advisory Board.

Move-up

ORDINANCE FOR FIRST READING

ORD. #35-01 Town Centre Ordinance

President Maher: I have been advised by the Clerk's office that the Planning Board needs more time to confer with their attorney. Nelson, do you know about this?

Nelson Iglesias: It is up to Sam and he is on vacation.

Alayne Shepler: If you will recall at your last meeting Sam stated it would take a minimum of two weeks to put it all together. I would ask that you put it off till the next regular meeting.

Schedule for next Agenda Meeting

CONSENT AGENDA

C-1 Bingo/Raffle (RA64-01 Elks)

Move-up

C-2 Block Party - Erica Court - Saturday July 21, 2001 - 5 PM-10 PM (No rain date)

Move-up

C-3 Block Party - Frederick Place - Saturday August 25, 2001 10 AM-10 PM (Rain date: Saturday, September 1, 2001)

Move-up

DISCUSSION RESOLUTION

DR-1 Old Bridge Township Raceway Park - Permission to hold fireworks display on: Wednesday, July 11, 2001 - Between 9 PM and 10:30 PM ONLY

Councilman Cucchiara: I don't think we can give them permission to have fireworks, we can give permission on time, but not on the fireworks we are not the local enforcement agency. Under UFC only the local enforcement agency can give permission.

Alayne Shepler: If you look in your packet you will see a letter dated January 25, 2001 from the Bureau of Fire Prevention and they find no problem with the dates as long as they get the permits from their office for each event.

Move-up

DR-2 Waiver of $100.00 in permit fees - St. Ambrose Church

Move-up

DR-3 Authorized Leave of Absence due to personal illness

Move-up

DR-4 Home Depot - Grand Opening event (Various scheduled events)

Move-up

DR-5 Purchase of two (2) copiers for Public Works and Planning Depts. (Capital Fund CO122- 8525-44 P.W. CO122-8525-47 Planning) State contract A83333 - Total with Maintenance $18,828.00

Councilman Redmond: Are we replacing old copiers or are these additions?

Alayne Shepler: These are replacing old copiers. The one for planning is a replacement and the one for Public Works is also a replacement, but their old one will be recycled and sent to Human Relations Commission.

Move-up

DR-6 Resolution authorizing approval of partial settlement in Sommers vs. Old Bridge

Attorney Ruggierio: I can cover this in Executive Session later this evening.

Move-up

DR-7 Resolution for Old Bridge Citizens With Disabilities Day - July 29th.

Move-up

DR-8 Resolution authorizing release of Escrow between the Township of Old Bridge and Kaplan at Old Bridge, Inc.

Attorney Ruggierio: I think we already discussed this. It is the resolution that implements what I thought was a Council consensus that you would agree to release it to the court and that is what this resolution provides.

Move-up

DR-9 Legal representation of Zoning Board, Jerome Convery, Esq. Re: Zoning Board vs. Ancar Syndicate not to exceed $5000.00

Councilman Redmond: What is this in reference to; is it an appeal for something that was turned down? Why didn't it come before us; aren't we the ones that hear the appeals?

Attorney Ruggierio: Yes it is an appeal and the Council only hears appeals of approvals on "D" variances.

President Maher: Is this money coming out of the escrow account or taxpayer's funds?

Attorney Ruggierio: It comes out of the general fund and the money cannot be recouped.

Move-up

DR-10 Professional Services Contract for Mark Remsa, Planning Consultant for the Zoning Board at an hourly rate of $135.00.

President Maher: Doesn't the Planning Board hire its own consultants?

Attorney Ruggierio: With both the Planning & Zoning Boards, under our form of government, you approve all contracts, but under the land use law the Planning and Zoning Boards have the right to hire their own professionals, so we try to accommodate these principles by having the Council approve all the contracts.

Move-up

DR-11 Professional Services Agreement to CME Associates for Engineering Consultant for Zoning Board of Adjustment.

Move-up

DR-12 Change Order - M.J. Barone & Associates for additional architectural changes required to revise plans for Laurence Harbor Senior Center in the amount of $3910.00

Move-up

DR-13 ACS Duct Cleaning Contract #01-20

Alayne Shepler: This is the item I mentioned at the last meeting where we have been cited by OSHA for the air quality and this is the contract. I will not have the contract opened till the morning of June 25th, that is why you have no vendor on it. But, because I am under a time frame to get it out you have to do this now.

Move-up

DR-14 Shift 5' Easement to the far side of Block 4002, Lot 29 (Map Attached)

Brian Whiteman, Esq.: I am appearing for Jonathan Heilbrunn, who is the attorney of record for Gregory Nappi, who is the contract purchaser for Lots 27, 28, 29 of Block 4002.

I have highlighted in yellow the portion of the map which is at issue. I have indicated in orange on the map the small five foot strip that has an easement to the Township of Old Bridge and which is the issue before us. This area is zoned as a commercial zone and our client proposes to file an application to put a tile store in this area. The strip owned by the Township begins on Rt. 34 and goes out to Maple Avenue and has no function and has not been used in many years.

It is an undeveloped area and walkway and virtually in the middle of the property that our client proposes to build on. Without this strip our client would not be able to develop this area. At this point we are here to propose one or two options. One is to vacate this five foot walkway area and the second option is to virtually if the Council finds it to be useful in the future, to shift the five foot walkway to the property line on the north side of Lot 29. If this is done, then our client could proceed to make an application to the zoning board to attempt to get approvals for this tile store.

President Maher: This is all new information to us. Alayne, were you briefed on this?

Alayne Shepler: Yes, I provided you with all the information including Mr. Heilbrunn's letter and the map in your packets.

President Maher: Would your client be willing to purchase the easement if this Council decided to sell the easement to you?

Mr. Whiteman: I am not prepared to make that decision this evening. My client is not here and I have not been given authority to purchase it. This property has not been used in years and as you can see on the map, it will not be able to be used.

Alayne Shepler: If we are going to vacate the property then I believe you need an ordinance. Bill would have to advise if we could do it all on one ordinance.

Councilman Greene: You are recommending that we move it to the other side, is that correct?

Alayne Shepler: Move it.

Jim Condon: It would require a vacation, no matter what.

Alayne Shepler: The property is totally grown over now and there is no pathway.

Councilman Redmond: This drawing shows a pipe, what does that mean?

Alayne Shepler: Those are probably the monuments.

President Maher: What is the Council's pleasure, do you want to vacate it or move it to the other side and still have ownership to the other side?

Councilman Redmond: I say we vacate it and increase the assessment by that amount.

We can increase the assessment by $1800.00, which is the value of the land.

Alayne Shepler: Once the land is turned over and a building is placed on it, the land value will go from being taxed as vacant land to fully accessible with a commercial building on it, that is the benefit. In the scheme of things according to Mr. Enright, five feet is not going to effect the assessment.

President Maher: That is the point I am trying to make, purchase the land for $1800.00 and attach it to your client's lot and increase the assessed value by $1800.00.

Mr. Whiteman: I apologize, but I do not have the authority to make that agreement.

Councilman Butler: Are you going to be in contact with your client between now and Monday to ask him about purchasing this strip of land for $1800.00.

Mr. Whiteman: Yes.

President Maher: I guess it is the Council's preference to vacate the land in its entirety and add the assessment to the property.

Councilman Greene: Whether or not we vacate or move it, I want to point out one significant fact and that is because we are doing something, it is going to drastically increase the value of this property because right now it is unusable as a commercial piece of property. After you move that strip of land or vacate it, now you have a valuable piece of property. Quite honestly, I don't know the property, but I would feel more comfortable having someone from the township going over to look at it and coming back and advising us.

Alayne Shepler: I did have Mr. Enright go over there and there is nothing to report.

Councilman Greene: I don't think that is Enright's decision, I think that it should be someone from engineering.

Alayne Shepler: I have been told it has never been used, but I will have someone go over there before Monday.

President Maher: We will prepare the ordinance and work with direction from Mr. Ruggierio.

Move-up

DR-15 Award Contract #01-14 to J. Patrick & Son in the amount of $119,540.00 for renovations to the Laurence Harbor Recreation Center.

Councilman Hoff: I don't remember seeing a list of bidders or bids on the alternates. I have not received them.

Alayne Shepler: They were in your packet.

Move-up

DR-16 Award Contract #01-13 to T. G. Gallant construction in the amount of $307,804.00 for renovations to the Laurence Harbor Senior Center.

Move-up

DISCUSSION RESOLUTION (ACTION TO BE TAKEN TONIGHT)

DR-17 - Resolution to set the 2002 Preliminary Tax Rate of $.60 per $100 assessed value.

Resolution #291

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

WHEREAS, Chapter 72 P.L. 1994, NJSA 40A:4-12.1 required that the governing body of a fiscal year municipality adopt a resolution to certify the preliminary calendar year 2002 municipal rate to the Director of the Division of Local Government Services according to the calculations as set forth by said chapter;

WHEREAS, the Township of Old Bridge wishes to set the tax rate for fiscal 2002 for the purpose of setting the preliminary tax rat at $.60 per $100 assessed value;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the preliminary tax levy for the calendar year 2002 be set at $20,400,000.00.

BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Director of the Division of Local Government Services for his approval and to the County Tax Board for the calculation of the Municipal Tax Rate for the calendar year 2002.

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

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

NAYS: Councilman Sohor.

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

Himanshu Shah: I want to take this opportunity to introduce Kathy Silber to you, she is the tax collector and has been working with us for six months and is doing an excellent job.

Kathy Silber: You were given this information in your packet. We have to do this estimate every six months; six months for municipal and six months for non-municipal and it bounces back and forth. We have to do this because the tax bills have to be sent out and I need to get this resolution down to the State.

Councilman Testino: How does this compare to last year's rate?

Himanshu Shah: This is the same rate as in the SFY 2001 budget. We are not changing the rate until our budget is finalized, but you have to adopt an estimated rate and we use the same rate you adopted last year.

Councilman Testino: Are you anticipating a change in the rate?

Himanshu Shah: Obviously, I won't know that until I compile all the information I won't know.

President Maher: Does anyone from the public wish to speak on this matter. Seeing no response, I will close this public portion of the meeting.

DR-18 Award Contract #01-19 for Six Wheel Broom Street Sweeper in the amount of $156,750.00 to Jet Vac.

Resolution #292

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

WHEREAS, the Township of Old Bridge advertised and received a bid for Contract #01-19 for a six wheel broom sweeper; and

WHEREAS, bids were received and opened on June 6, 2001; and

WHEREAS, the Township Council wishes to award the contract for street sweeping to the only bidder.

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. Jet-Vac, P.O. Box 222, 777 Silver spring Court, Northville, MI. 48167 is hereby awarded a contract in the amount of $156,750.00 for a street sweeper.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #969 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. 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, Sohor, Testino, Councilwoman Hegarty, President Maher.

NAYS: None.

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

Councilman Cucchiara: Rocky, will we be able to do more with another sweeper.

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

President Maher: I am opening this to the public. Seeing no response, I am closing this portion of the meeting.

LIQUOR LICENSES - (ACTION TO BE TAKEN TONIGHT)

LL-1 THRU LL-10

Resolution #293

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

WHEREAS, the applicant listed below has applied to the Township of Old Bridge, in the County of Middlesex and State of New Jersey for the renewal of their Plenary Retail Consumption License for the period of 2001-2002; and

WHEREAS, they have complied with the rules governing the renewal of Alcoholic Beverage Consumption Licenses and having paid the fee of One thousand five hundred seventy-six dollars and sixty cents ($1,576.60); 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 applicant a renewal of their Plenary Retail Consumption License for the period 2001-2002, effective July 1, 2001.

State License No. Licensee

1209-33-032-003 HONINGFIELD BRADFORD & STOLAR BRIAN
T/A T.G.I. FRIDAY'S
U.S. HIGHWAY 9 & DOWNING STREET
OLD BRIDGE, N.J. 08857

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

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

NAYS: None.

Resolution #294

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

State License No. Licensee

1209-33-035-005 TMJ CORP.
T/A AFTER DARK
1103 ROUTE 35 & GREENWOOD AVENUE
LAURENCE HARBOR, NJ 08879

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

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

NAYS: None.

Resolution #295

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

State License No. Licensee

1209-33-036-007 OLD BRIDGE BAR & LIQUORS INC.
T/A OLD BRIDGE BAR & LIQUORS
24B ROUTE 34
SOUTH AMBOY, NJ 08879

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

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

NAYS: None.

Resolution #296

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

WHEREAS, the applicant listed below has applied to the Township of Old Bridge, in the County of Middlesex and State of New Jersey for the renewal of their Club for the period of 2001-2002; and

WHEREAS, they have complied with the rules governing the renewal of Alcoholic Beverage Consumption Licenses and having paid the fee of One hundred and fifty dollars and no cents ($150.00); 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 applicant a renewal of their Club License for the period 2001-2002, effective July 1, 2001.

State License No. Licensee

1209-31-040-001 MADISON PARK VOLUNTEER FIRE CO. INC.
3011 CHEESEQUAKE ROAD
PARLIN, NJ 08859

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

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

NAYS: None.

Resolution #297

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

WHEREAS, the applicant listed below has applied to the Township of Old Bridge, in the County of Middlesex and State of New Jersey for the renewal of their Club for the period of 2001-2002; and

State License No. Licensee

1209-31-042-001 OLD BRIDGE LODGE 485 LOYAL ORDER OF MOOSE
1221 ENGLISHTOWN ROAD
OLD BRIDGE, NJ 08857

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

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

NAYS: None.

Resolution #298

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

WHEREAS, the applicant listed below has applied to the Township of Old Bridge, in the County of Middlesex and State of New Jersey for the renewal of their Club for the period of 2001-2002; and

State License No. Licensee

1209-31-043-001 OLD BRIDGE COLUMBIAN CLUB
90 PINE STREET, PO BOX 183
OLD BRIDGE, NJ 08857

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

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

NAYS: None.

Resolution #299

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

WHEREAS, the applicant listed below has applied to the Township of Old Bridge, in the County of Middlesex and State of New Jersey for the renewal of their Club for the period of 2001-2002; and

WHEREAS, they have complied with the rules governing the renewal of Alcoholic Beverage Consumption Licenses and having paid the fee of One hundred and fifty dollars and no cents ($150.00; and as no objections have been received to the renewal of said license;

State License No. Licensee

1209-31-046-001 BROWNTOWN COLUMBIAN CLUB, INC.
3000 US HIGHWAY 9
OLD BRIDGE, NJ 08857

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

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

NAYS: None.

Resolution #300

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

WHEREAS, the applicant listed below has applied to the Township of Old Bridge, in the County of Middlesex and State of New Jersey for the renewal of their Club for the period of 2001-2002; and

State License No. Licensee

1209-31-038-001 OLD BRIDGE ELKS LODGE #2229
T/A OLD BRIDGE ELKS LODGE #2229
67 OLD AMBOY ROAD
OLD BRIDGE, NJ 08857

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

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

NAYS: None.

ABSTAIN: Councilmen Greene, Testino.

Resolution #301

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

WHEREAS, the applicant listed below has applied to the Township of Old Bridge, in the County of Middlesex and State of New Jersey for the renewal of their Club for the period of 2001-2002; and

State License No. Licensee

1209-31-039-002 THE ORDER OF THE FRIENDLY SONS OF THE SHILLELAGH INC.
15 OAK STREET, PO BOX 317
OLD BRIDGE, NJ 08857

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

AYES: Councilmen Butler, Cucchiara, Hoff, Sohor, Testino, Councilwoman Hegarty,

NAYS: None.

ABSTAIN: Councilmen Greene, Redmond, President Maher.

Resolution #302

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

WHEREAS, the applicant listed below has applied to the Township of Old Bridge, in the County of Middlesex and State of New Jersey for the renewal of their Club for the period of 2001-2002; and

WHEREAS, they have complied with the rules governing the renewal of Alcoholic Beverage Consumption Licenses and having paid the fee of One hundred and fifty dollars and no cents ($150.00; and as no objections have been received to the renewal of said license;

State License No. Licensee

1209-31-045-001 ST. LAWRENCE HOLY NAME SOCIETY
109 LAURENCE PARKWAY
LAURENCE HARBOR, NJ 08879

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

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

NAYS: None.

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

President Maher: I am opening for discussion by the public this portion on the liquor licenses. Seeing no public questions, I close this portion of the meeting.

DISCUSSION

D-2 Old Bridge Marching Band Donation - (Recreation to make it clear why & where - this does not meet the criteria)

Councilman Hoff: Why do we keep carrying this over Dennis, we decided that it did not meet the criteria so let's end it.

President Maher: I agreed to move it up last week based on the discussion we had and the fact that there was Council support here.

Councilman Hoff: Recreation made it clear in their report that it did not meet the criteria.

President Maher: I would like to hear from Mr. Badcock.

Tom Badcock: You have the report and I just sent you another copy of the 1997 resolution which is very clear and specific and there is also a letter from the ... (unable to hear what is being said by Mr. Badcock)

President Maher: I looked at the package and I see that national was highlighted or underlined, is that the criteria?

Tom Badcock: ... (inaudible)...shows whether it is regional or district. The reason this thing was set-up was not for invitational tournaments. The recreation board changed it and ...(inaudible).... competition and they can still qualify. There were some changes made for specific sports teams, like national little league, where you have to go through district, state, regional tournaments to get to the little league all stars.

Georgette Hegarty: I did not understand number 3. What happens in a case where this particular group does not have nationals or that type of competitions and where it says under 3B a multi-state region, the number of representatives from the state must be limited to five or less, what does that mean?

Tom Badcock: It means that if they are not in the top five, they are not eligible.

Georgette Hegarty: Is this a regional competition?

Tom Badcock: The Recreation Board ...(inaudible). Georgette, you could make rules for every type organization, because they all operate in different ways.

Move-up

D-3 Golf Study - To hire Big 5 Accounting Firm to update the feasibility of the golf course. (Proposals from KPMG & Ernst & Young)

President Maher: I put this on because Himanshu has stated that we encumbered $20,000 in the budget to do this and if we don't do it this money just goes to surplus, is that correct?

Mr. Shah: That is basically correct, except that the surplus after one year is not a surplus anymore.

Move-up

SET DATE

SD-1 Release/Reduction Performance Guarantee - Jack Aaronson/Courtco, LLC Suggested Date: Monday, August 13, 2001 at 7:30 pm

Move-up

REPORT

R-1 Lenox Avenue - Parking of truck and trailer in front of ones own house.

Report by Administration, Traffic & Safety, Legal & Code.

Alayne Shepler: There is a report from the Traffic & Safety Department.

President Maher: We need the other reports from Administration, Legal and Code by next Monday. Is there any way we can put ban commercial vehicles from parking on the road?

Alayne Shepler: President Maher, you are getting into a very restrictive area, and I don't know how to put this delicately, but these are public streets and it is very similar to a homeowner who has a problem with the next door neighbor parking in front of their house. Even though it is a commercial vehicle, there are a great many people who have pick-up trucks and although they don't bring home the trailer, for instance in a landscape business, they do bring home the truck.

President Maher: I am just looking at any angle, because we have a petition signed by the residents of this street who object to this truck.

Alayne Shepler: I think there comes a time when "big brother" has to back off and just say to the persons complaining, I don't think there is any way we can accommodate you.

President Maher: Jim, can you look at the commercial vehicle angle and see if we can do anything?

Jim Condon: I'll take a look, but I don't think there is any solution.

DISCUSSION ITEM:

D-1 Capital Projects - Phase II (Department Heads)

President Maher: Before we get into the Capital Projects, Himanshu, on Phase I, Capital Projects, can you refresh my mind as to the total amount we borrowed and bonded for and how does that match up to what we did in previous years.

Mr. Shah: I believe it was about 4 million dollars for Phase I. That is one million dollars more than we had done in previous years.

Alayne Shepler: Just so you know, you also did land acquisition ordinances in the amount of 5.2 million, 3 million and yes there are grants and loans to offset that, but it does affect your actual debt service.

President Maher: I just wanted to get that out here to set the tone for looking at Phase II.

What you are saying is that we have bonded for 4 million dollars, which is a million dollars more than in previous years.

Mr. Shah: That is correct and remember you decided to increase some of items and one of the big ones was the sidewalk or curb replacement, which increased it to almost one million dollars.

President Maher: Well, I just don't want to go over our bond indebtedness and to make the Council aware of what we are doing with respect to the Phase II portion. The other thing that Himanshu and I have talked about is that if we take any action on these Phase II capital projects, we can consider it as part of the budget we are going to receive in July.

Mr. Shah: You discuss the project now and incorporate it into your SFY2002 budget and obviously if you decide to set the limit, the amount you approve under this program will be deducted in your 2002 budget. To help you some of these projects, maybe not all of them, but I believe some will become some of your SFY2002 budget request. From the list that was moved to the second phase some of them are critical.

Councilman Redmond: We went through all this capital stuff months ago didn't we and now we are talking about more projects on top of that, shouldn't we make sure all those things were done before we take on more projects?

Mr. Shah: The way the process goes that we have been following for many years, is basically until the budget is adopted, we don't look at the capital section and sometimes even this year's capital project list was almost ten months into the year before we adopted it. When Mr. Maher talked to me about Phase II, it was my suggestion that we could start the discussion and do some of the projects and then finish it up later on when the budget is adopted. There is no requirement that you have to wait for the budget to be adopted in order to start these projects.

The only requirement is whatever you appropriate in the temporary budget, you must appropriate in the final budget.

Councilman Testino: I certainly don't think that we will finish the discussion by the time the bonding is done and I think we are looking at early July before we do anything. My preference is to discuss the safety issues and get them up and running. My proposal would be that whatever Bob and the engineer say is a safety issue, we should move on early in that fiscal year and my preference is to get a preliminary list from administration before we adopt the budget and not wait ten months into the fiscal year before we know what they are asking for.

I would ask that administration inform us what projects they view to be safety projects that should be taken as soon as possible.

President Maher: Himanshu, what is the earliest we can get a preliminary or first view of the "must have" items on the capital list?

Mr. Shah: Some of them are listed in your packet.

President Maher: Well can we have the essential list within a month and since the department heads are here tonight, perhaps we can hear from them. Mr. Heims, this list of your original twelve projects, you are deleting the lobby improvements and the Laurence Harbor Recreation Building, Phase II.

Robert Heims: Correct, because Phase II of the Laurence Harbor Senior Center is funded in the original bond. I prioritized these according to life and limb safety and the lobby floor that falls down on the bottom of the list. Recognizing that I am not going to get everything.

Alayne Shepler: Bob, you know that we have been cited about ten times by our safety consultant regarding the lobby and that to me is a safety consideration.

Councilman Cucchiara: How long have you been the head of compliance?

Robert Heims: About six or seven years.

Councilman Testino: I would put high up on the list the sprinkler system. The more I read about this the more concerned I am with regard to compliance in this area.

Robert Heims: We have tried to get this done every year. We put in the request and it gets brushed aside.

Councilman Redmond: Who does the engineering of the sprinkler heads?

Robert Heims: We would put out a contract to bid and it would be a design bid contract.

The $60,000 is an estimate from a fire protection service that we call in to do our inspections.

Councilman Butler: Based on what Mr. Heims has given us and if we are in violation, I think that we should rectify that situation.

Councilman Testino: With regard to the electrical portion, what do you need?

Robert Heims: It is a unique situation, we own our own transformers. Most big operations do not own their own transformers, the buy power at 480 volts from Jersey Central.

When they built this complex 25 years ago, they chose to buy their own transformers. Since we own them, we have to service them and they should be shut down once a year for inspection.

During the course of the inspection certain problems were discovered on both transformers and they need to be addressed and we need to fund another inspection for this year. We need to install cooling fans on the transformer that is in this building. If we do not take care of this and we lose it, we are out of business for at least 3-4 days. It is a big ticket item. If we lose power, we lose everything. The back-up will serve the police department and the radio system, but that is it.

President Maher: On number 4 the emergency lighting, what does this relate to?

Robert Heims: When we shut the power down last year to do our inspections on the transformer, we did a survey on where we needed additional lighting and outlets. We also found there was no air conditioning in the basement radio room and the Emergency Management room.

If we had a true emergency , this room has to function and you need air conditioning off the generator, it is more or less self-explanatory.

With regard to HVAC improvements, the buildings are 25 years old and these units are getting old. It is money that we need to replace items and do preventative maintenance on fans, pump motors and things like that.

With regard to the traffic and safety building roof, we just put about $15,000 into that building including air conditioning and heating as well as a new lighting system. The roof leaks and it has to be replaced.

Councilwoman Hegarty: Himanshu, a safe number for Bob to work with would be how much?

Robert Heims: If you total these it comes to $220,000.

Mr. Shah: This list is small and Bob is going to present this as part of the 2001 SFY. If you feel any or all of these projects should be done, your approval will not jeopardize anything.

The answer to your question is that the impact on the budget for this would be about $15,000 for the down payment. I don't consider this a significant impact on the budget for this set of problems. Bob, why was the lobby floor removed, I thought that was a safety issue?

Robert Heims: Yes, we should do it, but given a limited amount of dollars, I don't know that I can defend that. Don't get me wrong, the lobby needs to be done, the doors are 25 years old and have to be replaced and the slate floor is coming apart.

Councilwoman Hegarty: Himanshu, what is the financial impact on the budget if we add the floor into the project list.

Mr. Shah: It would be an additional $7500.00 on the budget for the down payment. It is a 5% impact on the budget for every $100,000 it is $5,000.00, so when you add up the numbers it does not have that much of a significant impact on the budget itself at this point. The impact on the budget comes at the time of the actual bonding of this project and we go out and borrow the money. It is not an immediate impact on this years budget, it will be down the road.

Alayne Shepler: To put it into prospective and to answer Mrs. Hegarty's question in terms of dollars, if we traditionally bond 3 million dollars, and now you decide to do one half million dollar bonding, you have to realize you will only have about another one half million dollars left because traditionally you have bonded a million dollars for your curbing and paving.

That will have a fiscal impact on you and what else you can do to remain at that 3 million dollars.

Robert Heims: Every year we get inspected by Trenton and we fail because of the jail cell tiles. These tiles are 25 years old and some are coming up and some of the cells cannot be used because there is a danger that one of the loose tiles could be used as a weapon. We would like to pull up all the tiles and replace them.

President Maher: Rocky do you have anything specific?

Rocky Donatelli: (Inaudible)

President Maher: Tom, are there any projects that you want to mention?

Tom Badcock: The all-purpose building for cheerleaders, we have received preliminary notice that we may not be receiving this funding and that is a $700,000 project ...(inaudible).

President Maher: Can you get me a complete list within the next month so that we can take a look at these items?

Alayne Shepler: Actually, we will not have anything final until the State budget is passed on July 1st. However, with the deficit projected by the State we probably will not get anything.

President Maher: Can we ask your grant writer to look into this?

Alayne Shepler: Actually our first project is Smart Growth and we want to get them done one at a time and I am meeting with the State this week to get started.

President Maher: Nelson, are there any specific projects from engineering?

Nelson Iglesias: We did talk about Higgins Road and I came up with an updated estimate for $125,000. I would like to advise you that we did prepare a list.

President Maher: Ed, you and Roman had some items on this list.

Councilman Testino: Compared to some of the other projects listed , the skate park does not seem that crucial. We can look at this again later on. Right now I would suggest that we take care of the public safety matters and then anything that can stand to wait we do so.

President Maher: Your question on the reverse telephone system.

Councilman Sohor: I will wait on this matter as well, I think we should go with the high priority items right now.

Councilman Greene: I think that this meeting was pretty fruitful as far as bringing the safety issues to the forefront. I did want to get on the list the problems that they are having at the Sayrewoods South Little League. It is not a safety issue, but it is a concern and I am not sure how Parks & Rec. Department prioritize the work that is done at the fields, but certainly there is a lot of problems there. I certainly would like administration to look into doing something on this matter.

EXECUTIVE SESSION

Resolution #303

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

the public be excluded from this meeting pursuant to NJSA 10:4-13 for the discussion of the following matter or matters:

Sommers Case - (To give outline of pending proposed agreement Harleysville Settlement in Sommers

BE IT FURTHER RESOLVED that this meeting shall reconvene in public session in 12 minutes and that the minutes or other record of these discussions shall be available to be disclosed to the public in sixty (60) months unless a sooner date is determined by vote of the governing body at a public session.

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

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

NAYS: None.

Away from Podium: Councilman Hoff, Councilwoman Hegarty

Motion to adjourn at 9:45 made by Councilman Butler, seconded by Councilman Cucchiara and so moved on the following roll call vote:

AYES: Councilman Butler, Cucchiara, Greene, Hoff, Redmond, Sohor, Testino, Councilwoman Hegarty, President Maher

NAYS: None.

__________________________________

Dennis M. Maher, Council President

__________________________________

Rose-Marie Saracino, Township Clerk

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