Old Bridge Township, New Jersey - August 13, 2001 Minutes

A Combined Meeting of the Township Council of the Township of Old Bridge was held on August 13, 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.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Tuesday, September 4, 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. 388 Approval of Minutes

RESOLUTION

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

the following minutes are hereby approved:

6/11/01 Regular
6/18/01 Agenda/Executive

Moved by Councilman Redmond, seconded by Councilman Hoff 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. 389 Bill List

RESOLUTION

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

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 August 13, 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 August 13, 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 $18,935,171.84 (Accounts Payable).

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. 390 Bill List.

RESOLUTION

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

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

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

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

ABSTAIN: Councilman Testino.

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

Councilman Hoff: What is this bill for?

Ms. Shepler: This is a payment to Mr. Testino's trust fund for an overpayment from a closing.

No. 391 Bill List

RESOLUTION

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

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

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

Moved by Councilman Butler, seconded by Councilman Sohor 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. 392 Bill List.

RESOLUTION

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

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

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

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

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

NAYS: Councilman Greene, Hoff, President Maher.

ABSENT: Councilwoman Hegarty.

No. 393 Bill List.

RESOLUTION

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

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

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

Moved by Councilman 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.

Report of the Clerk.

MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, CLERK

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

DOGS:
2833 - 3015 675.00
Replacement 2925, 3008 1.00

676.00

CATS:
344-354 73.00
Replacement 346 .50

73.50

LICENSE:

Hot Dog
L&L Catering 50.00

Kennel
K-9 Connection 25.00

Used Car
Circle Automotive 500.00

Limousine
1201-45 Dayo 35.00
1201-46 Munir 35.00

645.00

Map
3 Street Maps & 1 Ward Map

20.00

Liquor License - Renewals
1209-31-044-001 Old Bridge Lions Club 150.00

Transfer Applications
TGI Friday - Person to Person 4.00
O'Rourke - Place to Place 4.00

158.00

SEARCH
15-01 10.00

MISCELLANEOUS:
Photocopies 33.50
Late Fees DOG 84.00
Late Fees CAT 15.00
Reimb Polling Places 150.00

282.50

Total: $1,865.00

Deputy Clerk Ward announced that August 27, 2001 was the last day for registration for the special school board election and that the Clerk's office will be open until 9:00 p.m. that evening.

Moved 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 have been working on discovery in the Oakwood case. Mr. Sohor brought to the attention of the engineer a circumstance where soil erosion had occurred and I brought it to the attention of Mr. Heilbrunn who represents the owner of the property. This matter was addressed promptly, and I understand that there will be a remedy without any formal court proceedings. We did have a court proceeding in the matter of the remediation of the massive area of soil erosion which is near to being completely done and on schedule as modified.

The Hovnanian case has recently been filed, and we appeared in court last week before Judge McCormack and agreed to put that case in abeyance for ninety days so that the case can be better organized and to have discussions relating to settlement. This is a big step forward.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

ABSENT PODIUM: Councilman Butler.

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

Councilman Hoff: I know that the attorney has been working hard to try to get a resolution to Cheesequake Dam and that Mr. Sohor has arranged a meeting. I hope this situation is resolved quickly.

Attorney Ruggierio: Mr. Iglesias was intending to have a meeting with T&M and is intervening on behalf of the association to try to get a good price for the engineering work. One modification which may be an issue for some is that the association has taken a firm position that they don't have any intention of rebuilding the dam, but rather the association intends to seek decommissioning of the dam. I wrote a letter in response to Mr. Ferdun stating that based on my discussions with the township engineer, he does not believe that people are going to be happy with the outcome of the decommissioning of the dam. Neither the residents of Barclay Square who have a lake in their backyard, nor the people at Cheesequake Village would be happy with the outcome. What there will be is a depression which will turn into a wetland with a stream through it and will be unattractive. This is not our decision to make for reasons that have been discussed before. I told Mr. Ferdun that since this is not our decision to make, that I would encourage Mr. Iglesias to assist them as he said he would do with respect to getting permits to rebuild the dam. In years to come when someone screams at you or any township official about the appearance of that area, we ought to look back and say that the decision was made by the association to decommission the dam. This is going to engender an ugly and unattractive outcome.

Councilman Redmond: We have a letter regarding the DEP's involvement in the removal of trees and filling of wetlands on the Brunetti property.

Attorney Ruggierio: I spoke to the engineer who told me that this was happening, and now you have written confirmation that this was happening. On the issue concerning the removal of the trees, I can give you an update. As far as what the DEP is doing in terms of enforcement action, you need to look to the township engineer.

Mr. Iglesias: I received a copy of a letter from the DEP to Brunetti. It stated "you have violated the law". There are penalties mentioned in the letter. The way Bill (Ruggierio) and I are pursuing this is the wisest way to do this.

Councilman Redmond: I was happy with Bill's letter and the remedies as outlined in the letter. I was wondering if we received a response from Brunetti.

Attorney Ruggierio: Their attorney indicated that he was discussing these matters with his client. I indicated that I was aware of the way that lawyers and government officials write letters and speak to each other and never accomplish anything. I did not want that to happen here. I have that "calendared" somewhere toward the end of this week. I have sent a letter indicating that I would like this resolved by the time I get back next week; if not, we will contemplate court action.

Preliminary Public Comment.

Mr. Rao: Addressed council with respect to the proposal of a mayor appointed school board.

Mayor Cannon: This is something that must be approved by the voters. I don't believe in taking the powers of the people away. In most communities the residents want the ability to vote on the budget and school board members.

Mr. Malpede (Cedarview Estates): We were told that Lowe's was erecting a ten foot fence from Poor Farm Road across Cedarview Estates. The fence was then going to drop down to six or eight feet at Perrine Road. I can see the lights from the Lowe's building. Water is still draining from the pipe. I received a memo stating that special piping was to be installed, but there were problems. I requested that the C of O be held up until all the worked is completed. No one from the township has come to examine our roads.

Guests.

Bethany Rocque-Romaine: There is a resolution requesting a small parcel of land for a veterans' war memorial which the Rotary is planning to build. Our club has voted to approve the concept. We would like to have a respectful memorial for the residents who sacrificed their lives in a war and a place that their relatives can sit and contemplate. We have a planning committee selected and are moving quickly. The committee consists of Messrs. Testino, Quackenbush, Sefack, Heilbrunn, Horowitz and Kurtz and myself, Mindy Kenny and Christine Manville. Rotary has many successful projects. We are hoping that the location will be in the town centre area, preferably next to the library.

President Maher: You need a resolution locating the proposed memorial in the town centre district on township property.

Ms. Rocque-Romaine: The most heavily trafficked area is the library and the municipal building. The Rotary is committed to the project which we realize will be expensive. This is not going to happen overnight; it may take three or four years to raise the money. We don't have a set fee yet, but are investigating the other towns who do have a memorial.

Mr. Quackenbush: We are here to have you say that you agree to the memorial.

President Maher: This is a worthwhile project, and you want us to pass a resolution holding a piece of property for the memorial?

Councilman Butler: This is for residents of Old Bridge?

Ms. Rocque-Romaine: That is correct, although we may go back to Madison Township also. We are investigating records with the Old Bridge Historical Society. I am told that some of the churches have records on those who predeceased Old Bridge prior to being Old Bridge Township. We want to include those who were residents of Madison Township and possibly before that.

Mayor Cannon: How much area will you need?

Mr. Quackenbush: I will sit down with Tom Badcock.

Ms. Rocque-Romaine: I am looking for a memorial with a bench.

Proclamation - India Independence Day.

Whereas, India, the largest democracy consisting of 950 million people obtained their independence in 1947 through a nonviolent movement; and

WHEREAS, India is now celebrating the 54th anniversary of her independence this year; and

WHEREAS, both the United States of America and India shares many goals and aspirations as sister democracies working together for the uplifting of their people and having formed long lasting bonds; and

WHEREAS, the State of New Jersey has the third largest population of immigrants from India in the United States of America; and

WHEREAS, the County of Middlesex has the largest population of immigrants from India in New Jersey, many of whom have made their home in Old Bridge.

NOW, THEREFORE, I, Barbara Cannon, Mayor of the Township of Old Bridge, do hereby recognize the bonds between the people of the United States and India and in commemoration of the celebration of the 54th anniversary of India's independence do hereby proclaim August 15, 2001 as India Day in Old Bridge Township and celebrate in cooperation with the Indian Cultural Society of Central New Jersey by proudly raising the flag of India on this day.

Indian Resident: Expressed thanks to the Mayor and the Township for the proclamation and invited all residents to attend the flag raising ceremony on Sunday, August 19 at 10:00 a.m. in the civic center.

Hearings.

1. Foxborough Village - Release/Reduction Performance Guarantee (required documentation not submitted).

2. Jack Aaronson/Courtco, L.L.C. - Release/Reduction Performance Guarantee (required documentation not submitted).

Consent Agenda.

No. 394 Bingo/Raffle

RESOLUTION

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

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

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

BA27-01A St. Bernadette's Bingo
BA65-01 Old Bridge Senior Rotary Housing

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, Testino, President Maher.

NAYS: None.

ABSENT: Councilwoman Hegarty.

No. 395 Granting permission for a block party - Grove Road, Saturday, August 25, 2001 (rain date 9/8/01).

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 Grove Lane at the intersection of Sunrise and Grove Lane for the purpose of a block party to be held on August 25, 2001. (Rain date September 8, 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 Grove Lane be completely closed to vehicular traffic from the intersection of Sunrise Road and Grove Lane. 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 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.

No. 396 Granting permission for a block party - Hansen Road - Saturday, August 25, 2001 (rain date 8/26/01).

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 Hansen Road at the intersection of Chelsea Road and Gramercy Road for the purpose of a block party to be held on August 25, 2001 (Rain date August 26, 2001).

It is a requirement of this approval that Hansen Road be completely closed to vehicular traffic from the intersection of Chelsea Road and Gramercy Road. 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 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.

No. 397 Authorizing contract for auditing services to Hutchins, Laezza, Farrell & Allison for a term ending 6/30/02 in the amount of $51,500.00.

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 wishes to award a contract for auditing services to Hutchins, Laezza, Farrell & Allison, P.A. located at 912 Route 33, Suite 2, Freehold, NJ 07728

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. Hutchins, Laezza, Farrell & Allison, P.A. is hereby awarded a contract not to exceed the sum of $51,500.00 for auditing services for a term ending June 30, 2002.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 986 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 by Councilman Butler, 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.

No. 398 Approving an interlocal services agreement with the county for hazardous material bill back and recovery .

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 shall enter into an interlocal services agreement with Middlesex County to coordinate emergency response and cost recovery efforts; and

WHEREAS, said ordinance provides that the Middlesex County Department of Public Health shall be the lead agency for Emergency HAZMAT response and cost recovery purposes; and

WHEREAS, it is necessary to establish a procedure and protocol for emergency response action and the recovery of costs incurred by the County of Middlesex and/or local municipality in an emergency hazardous materials incident.

NOW, THEREFORE, BE 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 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, Testino, President Maher.

NAYS: None

ABSENT: Councilwoman Hegarty.

No. 399 Granting permission for a motion picture filming "Midnight Mass" Saturday, September 29, 2001 at 146 Cottrell Road.

RESOLUTION

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

WHEREAS, Banshee Productions wishes to film a movie entitled "Midnight Mass" on September 29, 2001 ; and

WHEREAS, the scenes for the film will be shot at 146 Cottrell Road.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Banshee Productions is permitted to film scenes within the Township of Old Bridge at 146 Cottrell Road on September 29, 2001.

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, Testino, President Maher.

NAYS: None

ABSENT: Councilwoman Hegarty.

No. 400 Authorizing SFY 2001 budget transfers in the amount of $150,000.

RESOLUTION

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

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

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

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the transfer in the amount of $150,000 be made between the SFY 2002 Reserve Budget as follows:

General Account

Department From To

Office of the Mayor - Salary & Wages $1,000.00
Township Clerk - Salary & Wages $2,000.00
Elections - Salary & Wages $1,000.00
Business Administration - Salary & Wages $2,000.00
Purchasing - Salary & Wages $4,500.00
Human Resources - Salary & Wages $1,000.00
Treasury - Salary & ages $10,000.00
Tax Collection - Salary & Wages $10,000.00
Data Processing - Salary & Wages $10,000.00
Assessor's Office - Salary & Wages $3,000.00
Legal - Salary & Wages $3,000.00
Office on Aging - Salary & Wages $5,000.00
Health - Salary & Wages $1,000.00
Public Safety - Salary & Wages $40,000.00
Planning & Development - Salary & Wages $3,000.00
Zoning Board - Salary & "Wages $1,500.00
Subcode Official - Salary & Wages $8,000.00
Road Dept. - Salary & Wages $39,000.00
Building & Grounds - Salary & Wages $3,000.00
Termination - Salary & Wages $150,000.00

$150,000.00 $150,000.00

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, Testino, President Maher.

NAYS: None

ABSENT: Councilwoman Hegarty.

No. 401 Authorizing finance director, Himanshu Shah to make payments of bills under $10,000 for the month of August.

RESOLUTION

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

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township Finance Director, Himanshu Shah, is hereby authorized to make payments of bills under $10,000.00 for the month of August, as well as payments of any statutory expenses.

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, Testino, President Maher.

NAYS: None

ABSENT: Councilwoman Hegarty.

No. 402 Authorizing contract for computer services with Vital Computer for MOD IV tax assessment in the amount of $30,000.

RESOLUTION

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

WHEREAS, the Township Council wishes to enter into a contract with the film of Vital Computer Resources for data processing services; and

WHEREAS, the Township of Old Bridge request the services of a data processing firm for the purpose of performing data processing services for the Tax Assessment Department; and

WHEREAS, VITAL COMPUTER RESOURCES, INC., is a New Jersey Date Processing Firm recognized as capable and available to undertake such work.

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 contract of Vital Computer Resources, Inc., 900 South Broad Street, Trenton, New Jersey 08611, is hereby authorized in the amount not to exceed $30,000.00.

2. The Mayor and Township Clerk of the Township of Old Bridge are hereby authorized to affix their signatures to any and all documents evidencing this professional contract.

3. This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds has been received for this contract assuring that there are sufficient funds in the appropriation(s) listed below to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY 2002

CERT. NO. 987

AMOUNT $30,000.00

The availability of a sufficient appropriation to fund the purchases authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates 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.

4. This contract for professional services and according to New Jersey Public Contract Law, the Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: the professional names in this resolution is a recognized professional.

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, Testino, President Maher.

NAYS: None

ABSENT: Councilwoman Hegarty.

No. 403 Authorizing change order No. 1 in the amount of $4,500 for the Higgins Road soccer fields restroom to LNS Construction Management.

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 the firm of LNS Construction Management, Inc., for changes required in the construction of Higgins Road soccer fields restrooms; and

WHEREAS, LNS Construction Management, Inc., has requested a Change Order #1 for additional services requested by the MUA for work being performed at the Higgins Road soccer fields restrooms, in the amount of $4,500.00

NOW, THEREFORE BE IT RESOLVES, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the total amount of the Contract is hereby increased by $4,500.00 from $252,375.00 to $256,875.00 as set forth in the Change Order attached.

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

ORIGINAL CONTRACT..............................$252,375.00

CHANGE ORDER......................................... 4,500.00

NEW TOTAL AUTHORIZED........................$256,875.00

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 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.

No. 404 Granting permission for a block party - Cindy Street - 8/18/01.

Capt. Cerra: Due to the fact that Cindy Street is a main through street in town for emergency vehicles and normal traffic, this request was denied. I spoke to the contact person for the block party, and they have paid a lot of money for the planned activities. We can approve this based on your approval of placing detour signs at Gramercy and Owens and positioning a special police officer at the site. This will not set a precedent. The cost will be about $300. I don't want to approve block parties where I have to put up detour signs and have a special police officer. These parties are supposed to be on roads that are out of the way. Due to the time frame and their plans for this weekend, I would not want to see them loose a several hundred dollars.

Councilman Greene: I appreciate the police department working this out.

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 Owens Road and Gramercy Road for the purpose of a block party to be held on August 18, 2001.

It is a requirement of this approval that Cindy Street be completely closed to vehicular traffic from the intersection of Owens Road and Gramercy Road. 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). For this one time only a special police officer will be stationed at your block party due to the fact that this is a main arterial street that is being closed off and that this will not set a precedent. If you intend to host a future block party, it must be held on a secondary intersecting street. This is a one time only approval.

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 Testino, 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.

DR2/C6 Designating Housing Authority and Redevelopment Agency of the Township of Old Bridge as the redevelopment entity responsible for the redevelopment area known as O&Y Property - Block 21001, Lot 4.11.

Moved by Councilman Testino, seconded by Councilman Butler - NO VOTE TAKEN

Following the motion the following discussion took place.

Councilman Butler: The Housing Authority is a proactive organization, and we have a chairperson who is responsible for this in reference to research and all the things she did to find out what powers we have. That is Mary Ann Gurliaccio. We have seven board members who agree on most things. In 1987 the sitting council named the Housing Authority and the redevelopment entity of the township because they had visions about property that may be available for development. The planning board has approved the O&Y to be redeveloped; however, in speaking to our attorney tonight, I understand that the council never approved it.

Attorney Ruggierio: I will be happy to tell the council the steps are taken to get where you want to be.

Councilman Butler: The O&Y property is a good location. There are currently no water or sewer hookups at this time. There are other towns in Middlesex County who are taking a proactive approach toward redevelopment. Some of our commissioners have had conversations with business people in reference to that property. We paid about $1.5 million for that. The information we are getting back from our commissioners is that the property is now worth from $3 to $15 million which would go a long way to help us stabilize taxes. We are asking the council to let us put together a plan in order for us to redevelop that area. The only way we can do that is to bring the plan before the planning board and the council to give us the authorization to redevelop that property.

Councilman Greene: I would like the attorney to go through the steps as to where we are with the property.

Attorney Ruggierio: Last year the council passed a resolution indicating that this area had potential as a redevelopment zone. As required by the statutes, you referred the matter to the planning board who had 45 days in which to consider this recommendation, and then they had to give you a report. I understand that the planning board acted within the 45 days and sent a map back together with a verbal report. Once received, there is no time limit on your action, except that you have to act within the same period that you are constituted as a body. Once that report comes back, you adopt a resolution endorsing the recommended area of the redevelopment zone. That gets you to the point where the next step is to develop a redevelopment plan. The statute states that the council must adopt an ordinance endorsing the plan.

The statute reads that the municipality may do this directly or it may send it to the planning board to develop the plan. The plan must be prepared and come back to you for endorsement as an ordinance. You then assign an agency (and it could be the housing authority by specific and express statute) to implement the plan which you have adopted by ordinance. If I hear what you are saying, I would say to you that to properly implement your authority, the step you need to take at this point, you have to endorse that plan and figure out a mechanism by which you can develop a redevelopment plan for that area.

Councilman Butler: Did you say that the planning board would have to submit a plan?

Attorney Ruggierio: You always send it to the planning board twice, but there are different ways for this to be done. You have already told the planning board that you think that this area is one that we could make a redevelopment zone and that it qualifies under the statute. This area has not been developed for more than ten years. The planning board sent back to you a map and a report. If you are in favor of the plan, you are obligated to pass a resolution endorsing this plan. I understand that this has never been done. That is your next step. You then have to come up with a redevelopment plan which has to be prepared and adopted by ordinance. You can prepare it directly (you can bring in planners to develop the plan based on advice, etc.) or the housing authority or any other agency can tell you what they think might be an appropriate approach in developing the plan. The statute states that you can send it to the planning board (for the second time) for them to develop the redevelopment plan. This is optional.

Once the development plan is in front of you, you adopt it by ordinance. That is when you would appoint the housing authority or any another redevelopment agency to do what the statute calls "implement" the plan. Appointing the housing authority as is stated in the resolution this evening is premature. I do believe that if you plan to go forward with this as a redevelopment area, you have to endorse the planning board's report and the map.

Councilman Greene: As I understand it, the term "redevelopment" is different from "redevelopment" as it is being proposed tonight. The 500 acres was approved as a redevelopment area because it is beyond the township's own resources to develop it. To bring water and sewer to that site would be prohibitive. I would prefer this property be left to open space. If the majority decides to develop this property, the question is who or what entity should develop the site. It is my belief that the administration wanted that property for industrial development to provide the township with additional resources, and it was the EDC who was selected by the administration to submit proposals. On the township website, there is a section for the EDC stating that this body is a "non-profit corporation established to act as a resource for new business and industry to help promote retention and expansion of existing businesses, to improve and expand the township's ratable tax base, to develop and maintain a inventory of available properties and sites suitable for economic development and to promote economic growth dialogue within the community".

I have read the statutes relative to the housing authority which consists of seven members. One member is appointed by the mayor, one by the commissioner of community affairs and five appointed by the council. I am not saying that the township council controls the housing authority, but they have an impact in the selection of members. I think it is not the responsibility of the council as a legislative body to decide or direct the future development of this township. I believe that duty resides with the mayor. (From the state statutes) "The Powers and Authority of the Housing Authority - Within its area of operation to prepare, carry out, acquire, lease and operate housing projects; to provide for the construction, reconstruction, improvement, alteration or repair of any housing project." I believe the term "redevelopment" is being stretched by this proposal. Another function of the housing authority is "to lease or rent dwellings, houses, accommodations, lands, buildings, structures or facilities embraced in any housing project subject to the limitations contained in this chapter; within its area of operation to investigate into living, dwelling and housing conditions and into the means and methods of improving such conditions; to determine where slum areas exist or where there is a shortage of decent, safe and sanitary dwellings".

The township ordinance applies to the affordable housing agency which later became the housing authority which is involved in the sale of affordable housing units; they are charged with assuring that housing units be "built, renovated or converted to low income housing pursuant to the settlement agreement", etc. The powers and responsibility of the housing authority are completely contrary to conversations that I have had as far as what is to be done with that piece of property, and there is no way I could vest any power in that authority in developing that property.

I would prefer this area to be kept as open space, but if I don't get my way and the decision is made by the majority to develop it, I believe that the EDC is the body who should do this.

Councilman Redmond: Under the redevelopment statutes, the council has the option of appointing an entity such as the housing and redevelopment agency. Throughout the state there are housing and redevelopment agencies who are empowered to be redevelopment agencies. They may appoint themselves as the redevelopment agency; they may appoint a separate agency; they may create a redevelopment agency to develop a specific site. The EDC is not properly constituted to be a redevelopment agency. Once the planning board began the process and named this as a redevelopment area, the EDC by the nature of its makeup became ineligible. That would have to be changed by ordinance. We have 500 acres sitting undeveloped. This is the job of the council to seek a future for Old Bridge. We do the budget. Residents are screaming for ratables. It is very much our job to see to it that Old Bridge heads in the correct direction. We are involved in the acquisition of open space. If we are not here to set the future of Old Bridge, I was under the wrong impression as to why I became an Old Bridge councilman. I am very much concerned with the direction this township goes in, and that is why I was elected. The statutes are specific as to redevelopment agencies.

Councilman Sohor: The statute is clear in terms of the steps that have to be taken before you begin the actual redevelopment of a property. The first step we need to take would be for us to receive a copy of the planning board's report along with the map. We need to discuss that and pass a resolution endorsing it or not. I suggest tabling this motion and that we discuss the planning board report in September. At that time we can pass a resolution which will be the first step which we have to do before we can move further. We can then designate how we want the redevelopment plan - whether we, as the governing body, will do it or whether we are assigning this to the planning board. Appointment of a redevelopment agency is premature, and does not follow the route of the statute. The appointment of the agency is done after we pass the redevelopment ordinance that is going to incorporate the plan for redeveloping that property if that is what we decide to do.

Councilman Testino: The Clerk circulated the planning board resolution. If the council did not read the resolution, abstain. My motion will be to adopt the planning board's report and the map. We should follow the steps as outlined by the attorney. I believe this does not have to be the planning board nor the housing authority. We can ask for anyone to present plans for the 500 acres. We can adopt this, or we can hire professionals to create plans or delegate our authority to the housing authority to have them come up with a plan before we "anoint" the redevelopment agency to enact such redevelopment.

Mayor Cannon: I do share some of Councilman Greene's concerns regarding how this is to proceed, and I agree that we have to do step one first. The resolution only identifies 40 acres of the site. I assume you are talking about the whole site, and not piece by piece. This property became available about three years ago. We have talked to a number of interested developers, and they would like to put housing. We want this to be economic development to generate the best ratables. Most of those developers have indicated that they would prefer to go the redevelopment route as opposed to bidding the property which is our other option. I think that this is the last best piece of property we have in the township. There are contiguous uplands with half of the property being developable. I was on the council when the housing authority was made the redevelopment agency. It was never talked about for economic development; it was always talked about in regard to housing to give more flexibility to the housing authority to be able to proceed with various types of housing for the community. I would like to see the economic development as a part or in part be involved. I hope there will be much dialogue.

Councilman Testino: My motion can be rephrased by the attorney to meet his good advice, but my motion would be to adopt the report of the planning board and its map for the 500 acres as required to move this project forward to a redevelopment zone.

President Maher: We will call this question when we complete the consent agenda.

Councilman Testino: I want to know from Mr. Ruggierio if we can take plans from more than one entity, i.e., administration, EDC, housing authority. We can get this moving and perhaps we can have some collaboration. The housing authority is anxious to show us what they can do.

No. 405 Regulating commercial moving picture filming.

RESOLUTION

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

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that any commercial film making entity which proposes to "shoot" within the Township of Old Bridge is requested to do the following:

A. File an application with the Township Clerk's office at least thirty (30) days prior to any filming.

B. Provide a Certificate of Liability Insurance in the amount of One Million Dollars ($1,000,000.00) naming the Township of Old Bridge as certificate holder.

C. Submit a letter from the private property owner granting permission for use of their property, and if a county road is involved, a letter from the County of Middlesex granting permission as well as additional insurance naming the County as certificate holder.

D. Meet with Old Bridge Police Department and arrange the hiring of a sufficient number of off duty police to manage any potential traffic problems.

E. Notify local fire company and first aid squad advising them of filming schedule.

F. Check garbage/recycling schedule for proposed area.

G. Enter into a written contract with the Township regarding film credits and other arrangements.

H. Any approval of this film making activity shall be contingent upon the application securing such fire and ambulance equipment deemed necessary by the Chief of Police to secure and safeguard the safety of the public.

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.

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

Councilman Greene: I assume that this resolution was as a result of the closing of Marlboro Road. I have a concern with the entity who is doing the filming and their checking the trash pickup and recycling schedule for that area. There is no explanation as what is to be done if there is a collection scheduled for that date.

Deputy Clerk Ward: The film makers are given a list of instructions. If there were a pickup for the day of shooting, the filmmakers would have to reschedule their work.

President Maher: Let's make this emphatic that if there is a conflict with recycling or garbage pickup or any other social service events, the production company would have to reschedule.

Councilman Cucchiara: Have we established a guideline for film making in Old Bridge?

Councilman Testino: It is a good idea to meet with the police department, but if they require off duty police and the police department recommends having the first aid or the fire department, I believe the production company should reimburse those services.

Councilman Cucchiara: If there is to be an explosion or fires, they are required to obtain a permit from the local enforcing agency.

Councilman Redmond: This is the third time in recent months that we have had film companies come to Old Bridge which is good for the township. Old Bridge should have their own commission made up of a member of the council, administration, economic development, fire services, etc. to work with the New Jersey Film Commission. We could create an ordinance to state what is required and to name the committee to oversee the filming in Old Bridge. I recently received information from the New Jersey Film Commission which contained a video which I would be happy to share with the council.

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

No. 406 Authorizing lease agreement for county Waterfront Park Phase II.

RESOLUTION

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

the Township of Old Bridge shall enter into an interlocal agreement with the Middlesex County whereby the Township shall acquire certain property needed for the development of the Old Bridge waterfront by the County. The Mayor and Township Clerk are hereby authorized to sign the interlocal agreement after approval by the Legal Department.

BE IT FURTHER RESOLVED that upon completion of the acquisition of the aforementioned property, the Township shall lease such property to Middlesex County as such property will not be needed for any public purpose by the Township. Upon completion of the acquisition of the aforementioned property, the Mayor and Township Clerk are hereby authorized to sign a lease agreement for such property after approval by the Legal Department.

BE IT FURTHER RESOLVED that a true copy of this Resolution shall be deposited with the following Township offices: Department of Parks, Recreation and Social Services.

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, President Maher.

NAYS: None.

ABSENT: Councilwoman Hegarty.

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

Councilman Hoff: Two years ago the county developed Phase I of the waterfront park. The residents appreciate the improvements. There have been problems with construction; the project was to have opened this fall. This resolution authorizes an agreement to authorize Phase II - improvements from Margaret's Creek to Whale Creek which will take about two years. The county plans to employ the same engineers, T&M.

No. 407 Authorizing commitment letter to NJDEP for a New Jersey environmental infrastructure trust loan for Woodland Trails (Cedar Ridge).

RESOLUTION

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

WHEREAS, the Township Council wishes to authorize a letter of commitment to the NJDEP for a New Jersey Environmental Infrastructure Trust Loan for the Woodland Trails Tracts; and

WHEREAS, the Parks and Recreation Department is requesting authorization to file a commitment letter to NJDEP for a New Jersey Environmental Infrastructure Trust Loan for Woodland Trails Tract for additional NJDEP loan funding toward the acquisition of the Woodland Trails (Cedar Ridge II) Tract.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, authorizes the issuance of a letter of commitment to be filed by the Township of Old Bridge.

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.

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

Councilman Redmond: What is the infrastructure?

Mayor Cannon: There are loans available to purchase wetlands.

Councilman Sohor: These infrastructure loans are available to buy water recharge areas and wetlands that will supply water.

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

No. 408 Requesting township administration research an appropriate place for the location of a veterans' memorial within the town centre district.

RESOLUTION

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

WHEREAS, the Old Bridge Rotary has proposed the placement of a permanent memorial in the Town Center area of Old Bridge Township to honor veterans of America's wars; and

WHEREAS, the Township Council of the Township of Old Bridge endorses this good cause and pledges the cooperation of the Township government therewith; and

WHEREAS, in order to further these good purposes, the Township Administration should be asked to locate a suitable area of land upon which to place the said memorial; and

WHEREAS, the Township Council wishes to adopt a formal resolution expressing these intentions.

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

A. The Township Council of the Township of Old Bridge does hereby endorse the rotary project to fund and build a veterans memorial in the Town Centre area of Old Bridge Township.

B. The Township Administration is hereby requested to research and recommend suitable lands to be utilized for the purpose of the said memorial.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

ABSENT PODIUM: Councilman Hoff.

No. 409 Authorizing transfer of contract from Pojanowski & Trawinski to Garofalo & Pryor for in rem foreclosures.

Attorney Ruggierio: The attorney handling these in rem foreclosures is working for another firm. Our contract does not involve the encumbrance of money because the payments will be made out of the redemption fees. We simply transfer the contract to the new firm. The finance department indicated they cannot pay a bill to the new firm because they did not have a contract. Whether you characterize this as a new contract or a transfer of the old one, it does not matter since no actual money is being encumbered.

Deputy Clerk Ward: Gene Farrell told me that although the attorney can take the "file" with him to a new firm, we have a certification of funds with the attorney's former employer which has to be canceled, and a new certification must be issued. We also need a new contract stating that this attorney is now with this new firm.

Attorney Ruggierio: Did you tell Mr. Farrell that there is a certification of funds?

Deputy Clerk Ward: There is a certification of funds.

Attorney Ruggierio: This is money paid out of redemption. I recommend that the council award a new contract to the new firm without a certification of funds; payments will be made out of the redemption.

Mr. Shah: In the case of foreclosure there is no reimbursement. There is a set fee to be paid on every foreclosure. That is why we need a certification.

RESOLUTION

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

WHEREAS, the Township Council of the Township of Old Bridge has authorized the services of special counsel for the purpose of prosecution of Township in rem tax foreclosure matters; and

WHEREAS, a contract was previously entered into with the law firm of Pojanowski & Trawinski with regard to the prosecution of in rem tax foreclosures; and

WHEREAS, the attorney handling the in rem tax foreclosures on behalf of the Township, Joseph A. O'Neill, Esq., has relocated to the firm of Garofalo & Pryor; and