A Combined Meeting of the Township Council of the Township of Old Bridge was held on July 9, 2001 in the Municipal Complex. The meeting was called to order at 7:35 p.m. by President Maher who invited all to participate in a salute to the flag followed by a short prayer.

Clerk, Rose-Marie Saracino, 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 public meeting would be held on Monday, July 23, 2001 at 7:30 p.m.

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

No. 334 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 July 9, 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 July 9, 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 $9,198,064.26 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 335 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 July 9, 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 July 9, 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 $691,797.80 (Payroll).

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 336 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 July 9, 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 July 9, 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 $39,076.78 (Payroll Overtime).

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

AYES: Councilmen Butler, Cucchiara, Redmond, Sohor, Testino.

NAYS: Councilmen Greene, Hoff, President Maher.

ABSENT: Councilwoman Hegarty.

Report of the Clerk.

MONTHLY REPORT OF COLLECTIONSOF ROSE-MARIE SARACINO, CLERK

The following represents the collections I have made during the month of June 2001:

DOGS:
2811 -2832 979.00
Replacement 2814, 2815, 2854 1.50
Tag Number 2897 was missing from the run of tags

CATS:
314-343 216.00

LICENSE:

Vending:

Soda -$10.00
#57 Exxon 10.00

Amusement
130-134 Lacey LLC 125.00
135-140 Birch Hill 150.00

Hot Dog
Chernick 50.00

Ice Cream
Matt's Italian Ices 25.00

Kennel
Parkwood Kennel 25.00
Berg Animal Hosp 25.00
Puppies, Puppies, Puppies 25.00
Canary Bird Farm 10.00

445.00

BINGO/RAFFLE
RA - 61-01 Congregation Beth Ohr Add'l 40.00
RA - 64-01 Old Bridge Elks 500.00

540.00

Map
2 Street Maps

10.00

Liquor License - Renewals
1209-33-008-002 Vitale's Bar and Grill 1,576.60
1209-33-011-007 Xanadu Corp - t/a Magoo's 1,576.60
1209-33-024-006 HKW Corp t/a Peapod Restaurant 1,576.60
1209-33-036-007 Old Bridge Bar & Liquors 1,576.60

Transfer Applications
TGI Friday - Place to Place 4.00

6,310.40

SEARCH
12 thru 14-01 30.00

MISCELLANEOUS:
Photocopies 6.75
Late Fees DOG 192.00
Late Fees CAT 60.00

Total: $8,790.65

Motion

to accept the Report of the Clerk made by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Report of the Attorney.

Attorney Ruggierio: We are going to meet with the Barclay Square homeowners to attempt to obtain their consent in connection with the Cheesequake Dam restoration. I have spoken to Councilman Hoff who indicated that the homeowners association has received a communication from the state inviting them to pick up the check from the state. I committed to Mr. Hoff that I would meet with the homeowners of the Cheesequake Association so that this opportunity is not compromised.

We also filed complicated motions in Sommers v Old Bridge and the final brief in the Conde matter.

Councilman Hoff: It is important to act on the Cheesequake Village because there is a time limit with respect to the money. If the money is not spent or committed by December 1, they will lose it. I thank the attorney for his efforts.

Motion

to accept the Report of the Attorney made by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Preliminary Public Comment.

Mr. Mancini (Hyannis Drive): I would like clarification on the noise ordinance with respect to weekend construction utilizing heavy equipment. Alayne Shepler just told me that the ordinance says 7:00 a.m. This past Saturday the sidewalk program was being conducted and heavy equipment was used to break up the concrete.

President Maher: We need to look into this.

Ms. Shepler: The workers were operating on a schedule, and even though they may have left in front of your house, they went to install someone else's concrete. They tried to break up on one day and pour on the next. This is the end of the program. We will look into the residential notification.

Councilman Redmond: We enacted something special for Coffman Tree Service.

Mr. Iglesias: We may have something in writing, and if I find it, I will give it to you.

President Maher: We will review this and put it on our agenda.

Mr. Mancini: If my house were having a job done, it would not bother me so much.

Consent Agenda.

No. 337 Granting permission for a block party - Balmoral Avenue - July 14, 2001 (rain date July 15, 2001).

RESOLUTION

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

WHEREAS, the residents of have requested permission to close Balmoral Avenue from Nos. 5 to 14 for the purpose of a block party to be held on July 14, 2001 (rain date July 15, 2001)

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions.

It is a requirement of this approval that you must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Clerk's office before Council approval.

It is a requirement of this approval that Balmoral Avenue be completely closed to vehicular traffic from Nos. 5 to 14. This closing must apply also to the residents' vehicles as well as other vehicles. You will be responsible for making provision to have the roadway blocked, making sure that there is access for residents to enter and depart as they desire. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant).

The party must end and the streets reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 338 Granting permission for a block party - Cindy Street - August 18, 2001 (no rain date).

RESOLUTION

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

WHEREAS, the residents of have requested permission to close Cindy Street at the intersection of Hastings Road and Calvin Court for the purpose of a block party to be held on August 18, 2001 (no rain date).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions.

It is a requirement of this approval that you must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Clerk's office before Council approval.

It is a requirement of this approval that Cindy Street be completely closed to vehicular traffic from the intersection of Hastings Road and Calvin Court. This closing must apply also to the residents' vehicles as well as other vehicles. You will be responsible for making provision to have the roadway blocked, making sure that there is access for residents to enter and depart as they desire. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant).

The party must end and the streets reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 339 Granting permission to Old Bridge Township Raceway Park to hold a fireworks display on August 8, 2001 between 9:00 p.m. and 10:30 p.m.

RESOLUTION

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

WHEREAS, Old Bridge Township Raceway Park has requested permission to have a fireworks display conducted by Garden State Fireworks, Inc. on Wednesday, August 8, 2001; and

WHEREAS, the Township Council wishes to endorse and permit a fireworks display at Old Bridge Township Raceway Park.

NOW, THEREFORE, BE IT RESOLVED, that the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey, hereby, approves the fireworks display contingent upon receipt by the Township Clerk of a Certificate of Liability Insurance for Garden State Fireworks, Inc., covering the dates of the display and upon receipt of a permit from the Fire Official from Fire District No. 3.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 340 Authorizing subordination of CDBG mortgage for Margaret Loeffler.

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 Old Bridge received a mortgage on a certain property in connection with its Community Development Block Grant program; and

WHEREAS, the owner of the said property wishes to refinance the property; and

WHEREAS, a condition of the new financing is the subordination of the existing second mortgage held by the Township of Old Bridge.

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

• The mortgage in favor of the Township of Old Bridge in the amount of $12,999.50 may be subordinated by an additional $48,600.00 (new mortgage) on property located at 267 Garfield Avenue, Laurence Harbor, NJ Block 55, Lot 267.11 assessed to Margaret Loeffler.
  
• This subordination of mortgage is subject to the first and second mortgages being satisfied.
  
• The Mayor and Clerk are hereby authorized to execute all such documents necessary to give effect to this subordination.
  
• Any documents required to effectuate the terms of this authorization shall be approved by the Township Attorney.

BE IT FURTHER RESOLVED that a true copy of this resolution shall be deposited with the following Township offices: Community Development Block Grant.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 341 Authorizing subordination of CDBG mortgage for Roberta Salvador.

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 Old Bridge received a mortgage on a certain property in connection with its Community Development Block Grant program; and

WHEREAS, the owner of the said property wishes to refinance the property; and

WHEREAS, a condition of the new financing is the subordination of the existing second mortgage held by the Township of Old Bridge.

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 The mortgage in favor of the Township of Old Bridge in the amount of $7,157.25 may be subordinated by an additional $77,745.00 (new mortgage) on property located at 305 Norwood Avenue, Laurence Harbor, NJ, Block 40, Lot 305.11 assessed to Roberta Salvador.

2 The Mayor and Clerk are hereby authorized to execute all such documents necessary to give effect to this subordination.

3 Any documents required to effectuate the terms of this authorization shall be approved by the Township Attorney.

BE IT FURTHER RESOLVED that a true copy of this resolution shall be deposited with the following Township offices: Community Development Block Grant.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 342 Authorizing cancellation of CDBG mortgage for Dorothy Kleiner.

RESOLUTION

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

WHEREAS, a Community Development Block Grant (CDBG) Mortgage was entered into by Dorothy Kleiner with the Township of Old Bridge for premises known as 11 First Street, Old Bridge, New Jersey; and

WHEREAS, the amount of the CDBG Mortgage is $6,580.00; and

WHEREAS, the above-named individual has paid the outstanding amount of the mortgage and is requesting cancellation of said mortgage.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the CDBG Mortgage in the amount of $6,580.00 is hereby canceled. The Township Council authorizes the Mayor and Clerk to execute the discharge documents.

BE IT FURTHER RESOLVED that a true copy of this Resolution shall be deposited with the following Township offices: Community Development Block Grant.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 343 Authorizing cancellation of CDBG mortgage for Robert & Dolores Maikranz.

RESOLUTION

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

WHEREAS, a Community Development Block Grant (CDBG) Mortgage was entered into by Robert and Dolores Maikranz with the Township of Old Bridge for premises known as 30 Twain Avenue, Old Bridge, New Jersey; and

WHEREAS, the amount of the CDBG Mortgage is $5,214.00; and

WHEREAS, the above-named individual has paid the outstanding amount of the mortgage and is requesting cancellation of said mortgage.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the CDBG Mortgage in the amount of $5,214.00 is hereby canceled. The Township Council authorizes the Mayor and Clerk to execute the discharge documents.

BE IT FURTHER RESOLVED that a true copy of this Resolution shall be deposited with the following Township offices: Community Development Block Grant.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 344 Authorizing tax collector to cancel small balances less than $5.00.

RESOLUTION

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

WHEREAS, N.J.S.A. 40A:5-17 allows for the cancellation of property tax refunds or delinquent amounts in the amount of less than $10.00; and

WHEREAS, the Tax Collector and Township Council of the Township of Old Bridge may authorize a municipal employee chosen by said body to process without further action on their part, any cancellation of property tax refunds or delinquencies of less than $5.00.

NOW, THEREFORE, BE IT RESOLVED by Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Tax Collector is hereby authorized to cancel said tax amounts as deemed necessary.

BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Tax Collector, the Director of Finance and the Municipal Auditor.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 345 Requesting permission for a dedication by rider for a Cultural Arts Concert Trust.

RESOLUTION

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

WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a county or municipality when the revenue is not subject to reasonably accurate estimates in advance; and

WHEREAS, N.J.S.A. 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures or moneys by dedication by rider; and

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

1. The Township Council does hereby request permission of the Director of the Division of Local Government Services to pay expenditures under the provisions of N.J.S.A. 40A:4-39 as amended by P.L. 1999, c.282, for the exclusive purpose of depositing and expending funds paid by individuals to offset the costs of operating a municipal "Cultural Arts Concert Trust".

2. The Municipal Clerk is hereby directed to forward three certified copies of this resolution to the Director of the Division of Local Government Services.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 346 Change Order No 1 for Contract No. 00-38 to Gallant Construction  for the Civic Center basement renovations in the amount of $10,505.00

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 previously authorized a contract with Gallant Construction for the Civic Center Basement renovations; and

WHEREAS, Gallant Construction has requested a Change Order #1 for a final adjustment of quantities.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the total amount of changes in contract quantities of $10,505.00 is hereby authorized for the final adjustment of quantities set forth in Change Order attached.

BE IT FURTHER RESOLVED that the modified cost of services after this change order is as follows:

ORIGINAL CONTRACT: $580,000.00

CHANGE ORDER #1 $10,505.00

NEW AUTHORIZED TOTAL $590,505.00

(TOTAL AMOUNT OF ALL CHANGE ORDERS $10,505.00)

BE IT FURTHER RESOLVED that the Mayor and Clerk of the Township of Old Bridge are hereby authorized to execute such written contract documents as may be approved in form by the Township Attorney.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 347 Authorizing extension of grace period for 2001 third quarter taxes.

RESOLUTION

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

WHEREAS, the Middlesex County Board of Taxation has not finalized the tax rates for Middlesex County; and

WHEREAS, certification of the tax rates by the Middlesex County Board of Taxation is delayed; and

WHEREAS, these circumstances delay the mailing of the 2001 third and fourth quarter tax bills until on or about July 27, 2001; and

WHEREAS, N.J.S.A. 54:4-66.4 requires an extension of the grace period to the twenty-fifth (25th) day following the mailing date of the bills.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the grace period payment date for the third quarter installment of taxes for the year 2001 is hereby set at twenty-five days (25) following the mailing of the tax bills with interest payable immediately following the date. Said interest shall be calculated retroactive to August 1, 2001.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 348 Authorizing leave of absence due to personal illness - Maureen Donor.

RESOLUTION

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

WHEREAS, group life insurance is provided for members of the Public Employees Retirement System (PERS) effective January 1, 1956 by act of the State Legislature; and

WHEREAS, both noncontributory and contributory benefits are made available to employees who meet the eligibility requirements; and

WHEREAS, when a member is granted an official leave of absence without pay, the noncontributory and contributory insurance will continue for up to two years while on leave due to illness provided the public employer approves the leave by formal action; and

WHEREAS, at the end of the two year period of time, the member is permitted to convert the group policy to an individual policy.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that Maureen Donor, Township employee, has formally requested leave of absence without pay resulting from a personal illness.

BE IT FURTHER RESOLVED, that the leave of absence will become effective as of April 23, 2001 and notification of said leave will be provided to the Division of Pensions by Marsha Rosenbaum, Director of Human Resources, and a copy of this resolution shall also be provided to Maureen Donor.

BE IT FURTHER RESOLVED, that the leave of absence of Maureen Donor is formally recognized, having been heretofore authorized by the Mayor, and it is understood that the Mayor may terminate the said leave of absence recognized under this resolution at any time and/or for any reason.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 349 Awarding professional service contract to Corporate Defense Strategies in the amount of $8,400.00 for surveillance cameras for Parks.

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 services of a firm for purposes of providing surveillance cameras for the Township Parks; and

WHEREAS, Corporate Defense Strategies is a licensed New Jersey security services firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with Corporate Defense Strategies for purposes of providing the aforesaid services relating to the installation of closed circuit television monitoring systems for Veterans Park and Geick Park.

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 Corporate Defense Strategies, 195 West Spring Valley Avenue, Maplewood, NJ 07607 in the amount of $8,400.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #975 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 Sohor, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

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

Councilman Testino: I am glad this is moving forward.

Ms. Shepler: This was much more complicated than we anticipated. We are hiring a consultant to meet the needs of the police department.

Councilman Testino: This has been Mr. Cucchiara's mission to complete this.

Ms. Shepler: It will be done before the councilman leaves office. This is not for the installation, but for the development and analysis of what is available and putting together a specification to go to bid.

President Maher: We have letters of recommendation from East Brunswick and other towns who have used this firm. They are highly recommended.

Councilman Cucchiara: Many departments were involved, and I hope that the cameras will solve the problems now and in the future. I am glad that this has come to fruition.

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

No. 350 Authorizing temporary budget appropriation for FY 2002 in the amount of $9,056,535.00.

RESOLUTION

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

WHEREAS, there will be a delay in the adoption of the 2002 Township of Old Bridge Local Municipal Budget; and

WHEREAS, if additional funds are not budgeted for the following, the public welfare will be adversely affected.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey, that in accordance with N.J.S.A. 40A:-20, an emergency temporary appropriation be and same is hereby made in the amount of $14,162,489.00 and that said emergency temporary appropriation shall be provided in full in the 2002 budget. (see attached)

Current Budget

Other Expenses $8,836,467.72

Arena Utility

Other Expenses $216,261.00

Parking Utility

Other Expenses $3,806.33

TOTAL $9,056,535.00

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

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

NAYS: Councilman Sohor.

ABSENT: Councilwoman Hegarty.

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

Councilman Testino: Mr. Shah informs us that this is based on 25%. When do you anticipate our getting the budget?

Mayor Cannon: July 15 is a Sunday, and I am not delivering it then. You will get it the beginning of the following week.

Councilman Testino: How much do we need to operate for July?

Mr. Shah: There are certain expenses.

Councilman Testino: I don't want to approve 25% until we see the budget.

Mr. Shah: I don't think I can analyze every item. If you approve this 25% and you want to add certain items, you can. We have an extensive budget, and I don't want to make recommendations.

Councilman Testino: I understand that you don't want to come back to the council at the end of July and ask for another intermediate appropriation. I want you to come back to us.

Mr. Shah: I will leave it up to you and you can do one-third of the total amount.

Councilman Testino: My motion is to limit this appropriation to one-third until we get the budget from the Mayor.

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

No. 351 Awarding professional service contract to Thomas Norman, Esq. for representation of the planning Board in re Piotr Holowiak vs Old Bridge Planning Board not to exceed $3,00000

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 services of special counsel for the purpose of representation of the Township in connection with the legal representation of the Planning Board nunc pro tunc with regard to the matter of the Planning Board v. Piotr Holowiak; and

WHEREAS, Thomas Norman, Esq., a licensed New Jersey Attorney, is recognized as capable and available to undertake such work; and

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

1. The contract for professional services is authorized to be entered with Thomas Norman, Esq. in the usual form.

• The scope of the work to be performed by attorney Thomas Norman, Esq. shall be representation in the matter of the Planning Board adv. Piotr Holowiak.
  
• This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds #977 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY01/02

CERT NO. 977

AMOUNT $3,000.00 (not to exceed)

The availability of a sufficient appropriation to fund the purchase authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget year, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.

This is a contract for professional services and according to New Jersey Public Contract Law, the township shall publish a statement of reasons for awarding of the contract, to wit: legal representation of the Planning Board.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 352 Awarding professional service contract to Thomas Norman, Esq. for representation of the Planning Board in re Woodland Trails Vs Old Bridge Planning board not to exceed $15,000.00.

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 services of special counsel for the purpose of representation of the Township in connection with the legal representation of the Planning Board with regard to the matter of the Planning Board adv. Woodland Trails; and

WHEREAS, Thomas Norman, Esq., a licensed New Jersey Attorney, is recognized as capable and available to undertake such work; and

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

1. The contract for professional services is authorized to be entered with Thomas Norman, Esq. in the usual form.

• The scope of the work to be performed by attorney Thomas Norman, Esq. shall be representation in the matter of the Planning Board adv. Woodland Trails .
  
• This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds # 982 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY02

CERT NO. 982

AMOUNT $15,000.00 (not to exceed)

The availability of a sufficient appropriation to fund the purchase authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget year, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.

This is a contract for professional services and according to New Jersey Public Contract Law, the township shall publish a statement of reasons for awarding of the contract, to wit: legal representation of the Planning Board.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 353 Awarding professional service contract to Thomas Norman, Esq. for representation of Old Bridge Planning Board in re Vincent and Lorraine Signoriello Vs Old Bridge Planning Board not to exceed $5,000.00.

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 services of special counsel for the purpose of representation of the Township in connection with the legal representation of the Planning Board with regard to the matter of the Planning Board adv. Vincent and Lorraine Signoriello; and

WHEREAS, Thomas Norman, Esq., a licensed New Jersey Attorney, is recognized as capable and available to undertake such work; and

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

1. The contract for professional services is authorized to be entered with Thomas Norman, Esq. in the usual form.

• The scope of the work to be performed by attorney Thomas Norman, Esq. shall be representation in the matter of the Planning Board adv. Vincent and Lorraine Signoriello.
  
• This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds #981 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY02

CERT NO. 981

AMOUNT $5,000.00 (not to exceed)

The availability of a sufficient appropriation to fund the purchase authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget year, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.

This is a contract for professional services and according to New Jersey Public Contract Law, the township shall publish a statement of reasons for awarding of the contract, to wit: legal representation of the Planning Board.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 354 Awarding professional service contract to Thomas Norman, Esq. for representation of the Old Bridge Planning Board in re K. Hovnanian Central Acquisition Vs Old Bridge Planning Board not to exceed $20,000.00.

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 services of special counsel for the purpose of representation of the Township in connection with the legal representation of the Planning Board nunc pro tunc with regard to the matter of the Planning Board adv. K. Hovnanian Central Acquisitions; and

WHEREAS, Thomas Norman, Esq., a licensed New Jersey Attorney, is recognized as capable and available to undertake such work; and

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

1. The contract for professional services is authorized to be entered with Thomas Norman, Esq. in the usual form.

• The scope of the work to be performed by attorney Thomas Norman, Esq. shall be representation in the matter of the Planning Board adv. K. Hovnanian Central Acquisitions.
  
• This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds #978 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY01/02

CERT NO. 978

AMOUNT $20,000.00 (not to exceed)

The availability of a sufficient appropriation to fund the purchase authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget year, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.

This is a contract for professional services and according to New Jersey Public Contract Law, the township shall publish a statement of reasons for awarding of the contract, to wit: legal representation of the Planning Board.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 355 Awarding professional service contract to Thomas Norman, Esq. for representation of the Old Bridge Planning Board in re Sprint Spectrum Vs Old Bridge Planning Board not to exceed $7,000.00.

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 services of special counsel for the purpose of representation of the Township in connection with the legal representation of the Planning Board nunc pro tunc with regard to the matter of the Planning Board adv. Sprint Spectrum, LP; and

WHEREAS, Thomas Norman, Esq., a licensed New Jersey Attorney, is recognized as capable and available to undertake such work; and

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

1. The contract for professional services is authorized to be entered with Thomas Norman, Esq. in the usual form.

• The scope of the work to be performed by attorney Thomas Norman, Esq. shall be representation in the matter of the Planning Board adv. Sprint Spectrum, LP.
  
• This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds #979 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY01/02

CERT NO. 979

AMOUNT $7,000.00 (not to exceed)

The availability of a sufficient appropriation to fund the purchase authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget year, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.

This is a contract for professional services and according to New Jersey Public Contract Law, the township shall publish a statement of reasons for awarding of the contract, to wit: legal representation of the Planning Board.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

The following discussion took place prior to the roll call vote on Resolution Nos. 351 through 355 which were voted upon as a "block".

President Maher: We have a significant number of cases where people are challenging our planning board decisions. This is taxpayers' money and if we win these cases, I want to recover the costs.

Attorney Ruggierio: Only knowing the facts on a few of these cases, I would say that is not possible. In New Jersey you pay for your own attorney. I hope that the council will support Mr. Norman's aggressiveness about these issues.

President Maher: I want to send a message to these applicants that these decisions have been rendered through the planning board. There are five decisions that are going to court.

Attorney Ruggierio: On the largest award, $20,000, the township is also a party in that suit, and we have some strategies that we have been cooperating about that are going to be very aggressive. My experience is that when you try to send the message that you are not an easy touch in that you do not settle easily in a suit, the best way to handle this to be very aggressive within the bound of legal ethics in kicking back against those who would try to push you around. In the case of Hovnanian suit, we have a potential to do that. I am not familiar with the others to give you advice.

President Maher: I am concerned that some of these suits are petty and frivolous. Do we have no recourse against these people who are opposed to our recent planning board decisions?

Attorney Ruggierio: I would be happy to share my ideas with you in private. We have theories and strategies to make it painful for the biggest lawsuit filed against the town. You know that we have been sending out that message for a long time, and I think that Mr. Norman is on board with some of the strategies that we talked about.

Councilman Testino: I see the resolutions from the planning board approving the representation. Is there somewhere where we are incorporating the hourly rate? Is that in his annual retainer agreement, or do we need to do a separate agreement?

Attorney Ruggierio: We have Mr. Norman sign a contract, and the hourly rate is always in the contract. The hourly rate is no more than $125 per hour.

Prior to the roll call vote President Maher opened a public portion on Resolutions No. 351 through 355.

Mr. Koehler: I appreciate your support and I want to be sure that the public recognizes that in these cases the decision of the board was rendered in the interest of the town and in defense of the township ordinance and in protection of potential new residents of the township. In one of the instances there have been meetings between the principles and there have been agreements to meet the conditions set forth by the board. Some of these have been remanded back to the board to hear. We are in difficult times with respect to decisions that have been made that have had to go to the courts for review.

Ms. Shepler: There is a letter from Mr. Norman to the planning department outlining the number of hours required and the dollar amount. The hourly rate is $125.

President Maher closed the public portion.

No. 356 Authorizing contract with Buchalski, Reynolds & Brodowski for appraisal re Rt. 516 and Sherwood Lane condemnation not to exceed $13,000.

TABLED

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 services of an appraisal firm for valuation and consulting services relating to a condemnation of properties along Rt. 516 and Sherwood Lane; and

WHEREAS, the properties being appraised along Rt. 516 and Sherwood Lane are as follows:

WHEREAS, Buchalski, Reynolds & Brodowski, a licensed New Jersey appraisal firm, was and is recognized as capable and available to undertake such work; and

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

1. The Township of Old Bridge is hereby authorized to enter a contract with Buchalski, Reynolds & Brodowski for valuation and consulting services with regard to the condemnation proceedings of the properties on Rt. 516 and Sherwood Lane. The contract is hereby authorized in an amount not to exceed $13,000.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 980 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 the 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 to table by Councilman Testino, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

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

Councilman Greene: There was no indication in the backup as to why we were moving forward with condemnation proceedings. I think I know why. It is probably for the widening of Rt. 516. I want to make sure what this is all about.

Ms. Shepler: This is the traffic light at Sherwood Lane for which you have previously entered into an interlocal agreement with the County of Middlesex. As you may remember, that was a temporary light. This will make it a permanent traffic light. There will be acquisitions required to change that intersection.

Councilman Greene: Please tell me what properties are involved.

Ms. Shepler: Bill has them listed as block and lot. I believe there are four parcels.

Councilman Greene: I know block and lot, but I would like a description as to what the property is. Is it the dentist on the corner, or the little league field? Is it the post office?

Councilman Testino: We don't want to take property from the little league field.

Attorney Ruggierio: I am not sure if I have a parcel map.

Mayor Cannon: Why not delay this?

No. 357 Authorizing engineering department to prepare legal descriptions for property acquisition - Soden lane.

RESOLUTION

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

WHEREAS, members of the Soden family have requested the Township of Old Bridge to accept the road known as Soden Lane; and

WHEREAS, the Township engineering department has done an initial site investigation of Soden Lane; and

WHEREAS, at a minimum the property comprising Soden Lane shall need to be conveyed to the Township to enable the Township to accept the road for public use.

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 engineering department shall prepare legal descriptions of all property needed to be conveyed to the Township to enable the Township to accept Soden Lane for use as a public road.

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

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

NAYS: None.

ABSTAIN: Councilman Testino.

ABSENT: Councilwoman Hegarty.

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

Councilman Cucchiara: This relates to Soden Lane becoming a public road. Is the land acquisition enough to make the road wider?

Attorney Ruggierio: Councilman Cucchiara has been helpful in making the connection between the legal department and Mr. Soden who continues to contend that he has certain ownership rights over this area, but it has not been demonstrated to us. I suggested that perhaps we could pass a resolution authorizing the actual descriptions to be drawn of what is to be acquired. I am taking for granted that the council is on board with the idea of acquiring this property and taking it over as a municipal right of way. This involves an expense. I believe that we are passed that since this was discussed over a year ago.

Councilman Cucchiara: We are going to determine where the property lines are.

Attorney Ruggierio: If we have that, hopefully the residents will give us those rights of way as opposed to having us pay for them. The actual improvement of the road will be another matter. That could be an expense that someone else will have to tell you about.

Councilman Hoff: What is the width of Soden Lane?

Mr. Iglesias: I believe it is 50 feet. The drawing shows the physical road is 20 feet. Although I am a licensed land surveyor, we do not do surveying in my office which is primarily engineering. I do not have the manpower nor the time. I don't mind supervising or consulting, but I do not have the personnel to prepare the necessary documents. There is to be an actual survey of the entire property. It is not simple.

Attorney Ruggierio: We have been laying a lot of projects on the engineer's office, and this is a legitimate response. I assume that if these projects are important to the council, we are going to have to hire a consultant. Mr. Iglesias will help short cut this where he can.

Councilman Cucchiara: When this originally started, I mentioned Van Tines Lane which is even more narrow. They want us to acquire the road and pave it.

Mr. Iglesias: From an engineering standpoint I can tell you whether it fits or does not fit the township ordinance. I am being asked to prepare a legal description of the property which is different from an engineering opinion. A legal description means that I have to be familiar with the property survey of the site and be able to describe mathematically those parcels that would be acquired by the town. I don't have the personnel to do that.

Councilman Cucchiara: What is your recommendation?

Mr. Iglesias: I will contact various surveying firms for an estimate. I see this as not a big project because we have a plan and we are surveyed. We are asking someone to write a description for the various parcels. That should not cost that much. It is time consuming and requires the surveyor's signature and seal.

No. 358 Authorizing interlocal agreement with Middlesex County regarding emergency response and recovery of costs (Hazmat).

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 is authorized to enter into interlocal agreements with Middlesex County pursuant to N.J.S.A. 40:8A-1, et seq.; and

WHEREAS, the Township of Old Bridge wishes to enter into an interlocal services agreement with Middlesex County to coordinate emergency response and cost recovery efforts; and

NOW, THEREFORE, E IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, hereby authorizes the execution of an interlocal services agreement with Middlesex County to coordinate emergency response and cost recovery efforts; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign the interlocal services agreement after approval by the Township Attorney.

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

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

NAYS: None.

ABSTAIN: Councilman Testino.

ABSENT: Councilwoman Hegarty.

Hearing.

1. Primavera Estates - Release/Reduction Performance Guarantee Request for postponement. New suggested date - Monday, September 10, 2001 with renotification.

Motion

to move the Primavera Estates release/reduction of the performance guarantee to Monday, September 10, 2001 with r