Old Bridge Township, New Jersey - October 8, 2001 Minutes

A Combined Meeting of the Township Council of the Township of Old Bridge was held on November 8, 2001 in the Municipal Complex. The meeting was called to order at 7:35 p.m. by Vice President Butler who invited all to participate in a salute to the flag followed by a short prayer.

Moment of Silence.

Vice President Butler requested a moment of silence in honor of Marge Greco.

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 Monday, November 19, 2001 at 8:00 p.m.

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

Council Comments.

Vice President Butler introduced council members-elect Lucille Panos (Ward VI) and Kevin Calogera (Ward IV) and announced that they would be able to participate in the meeting when recognized by the Chair.

No. 506 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:

10/08/01 - Combined/Executive
10/15/01 - Agenda
10/22/01 - Regular

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

AYES: Councilmen Greene, Hoff, Sohor, Testino, Vice President Butler.

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 507 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 November 8, 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 November 8, 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 $23,693,158.99 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 508 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 Sohor, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 509 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 Sohor, seconded by Councilman Greene and so denied on the following roll call vote:

AYES: Councilmen Redmond, Sohor, Vice President Butler.

NAYS: Councilmen Greene, Hoff, Testino.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

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 October 2001:

DOGS:
3092-3119 238.00

CATS:
363-374 87.00

LICENSE:

Vending

Soda - $10.00 each
#58 Spring Valley Exxon 10.00

Limousine
1201-49 Zagalsky 35.00

45.00

LIQUOR LICENSE
1209-44-013-004 New Jersey Wine & Spirit 1,576.60

BINGO/RAFFLE
RA 74-01 Mid Madison Women's Club N/C
RA 75-01 Catholic Daughters Queenship of Mary 10.00
RA 76-01 Interfaith Network of Care 20.00
RA 77-01 Interfaith Network of Care 10.00
RA 78-01 Catholic Daughter Queenship of Mary N/C
RA 01-02 St. Ambrose Church Combined Societies 90.00
RA 02-02 St. Ambrose Church Combined Societies 10.00
RA 03-02 St. Ambrose Church Combined Societies 10.00
BA 04-02 Congregation Beth Ohr 450.00
RA 05-02 Congregation Beth Ohr 450.00
RA 06-02 St. Bernadette's Church 50.00
BA 07-02 St Bernadette's Seniors 510.00
BA 08-02 St Bernadette's Church 510.00

2,120.00

SEARCH
18, 19, 20-2201 Searches 30.00

MISCELLANEOUS:
Photocopies - Copies 50.50
Housing Authority Reimb League Conference 40.00
Late Fees DOG 18.00
Reimburse Township- Special School Election 1,282.54
Reimburse Polling Places 450.00 1,841.04

Total: $5,937.64

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

Prior to the roll call vote the following statement was made.

Councilman Hoff congratulated the Rose-Marie Saracino, Township Clerk, for her role in another successful election day.

Report of the Attorney.

Attorney Ruggierio: We have spent a full day on the Sommers case in negotiations trying to bring this matter to a close. I have an eighty-page agreement, and we will be meeting two more days this week - one full day with the other side, and one day with the judge to put this "to bed".

With respect to the affordable housing lawsuit filed against, there is a two-day remediation before retired Judge Cohen which will appear in two weeks for which there is much preparation.

In the Woodland Trails matter, that is set for a hearing before Judge Longhi before November 28. I have an agreement which I will present to the council for authorization for approval for the agenda of November 19th.

I would like to have a brief executive session to speak about issues relating to the change in the engineering office.

Councilman Hoff: Do you have anything to report from your conversations with Mayor Vas of Perth Amboy?

Attorney Ruggierio You will be receiving from me a complete recital of the discussions which occurred. We had a meeting with Mayor Vas in an attempt to resolve a great number of issues including our ambition to acquire the triangular piece of property to make the access to Mannino Park easier and less dangerous from a traffic prospective. I cannot say that I feel that the meeting was that successful because I believe that Perth Amboy did not prepare a counter proposal to the one Old Bridge has had since March. We agreed to give Perth Amboy until January 1st to produce a proposal to us to what we have given them on the various issues that are outstanding. Collectively, they endorse this and suggest that they would like to meet with the township council. I was going to write to them saying that the council was open to anyone wishing to speak. I will leave it to them to set the timing because they have to develop their proposals.

Councilman Redmond: Did we file condemnation proceedings?

Attorney Ruggierio: There are two condemnation issues between Perth Amboy and Old Bridge. One is a slice of property that we had to acquire to fulfill our commitment to the county in connection with the Rt. 516 improvement project. We did file a condemnation action with respect to the triangular piece of property which was dismissed, but will be refiled once we receive an updated appraisal. The council authorized the acquisition of that parcel.

Councilman Testino: Did we authorize the acquisition and file a notice of taking, or did we authorize negotiating? I believed that Mayor Vas is perturbed about this action and threatening our athletic fields, etc.

Attorney Ruggierio: To adequately answer that question would require me to air dirty laundry which I think is not constructive. The council gave me authority to acquire the property with no restrictions as to the filing of the declaration of taking. I don't think that there is a basis for Perth Amboy or Mayor Vas to be upset with Old Bridge.

Councilman Testino: I request the council to direct the legal department to not file the notice of taking until this comes back to us with regard to Perth Amboy so that we don't have this sister municipality war. We have very valuable fields at stake that we don't want to move.

Motion

to direct the township attorney to negotiate in good faith with Perth Amboy and to take no further legal filings until the township attorney reports on the status of the negotiations to the township council and to invite Mayor Vas here to determine what he wants to do with our buying that piece of property.

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

AYES: Councilmen Hoff, Redmond, Testino, Vice President Butler.

NAYS: Councilmen Greene, Sohor

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

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

Councilman Redmond: Mayor Vas suggested meeting with the council. He referred to Perth Amboy as a "land owner" in Old Bridge. It appeared to me that his legal department had not fully explained the agreement to him. He seemed concerned about the future of the properties. Our meeting with him was quite bumpy. Mayor Vas suggested coming before the council and indicated that he was going to reach out to the athletic leagues.

Mr. Badcock: We have been trying to get a lease from Mayor Vas for nine years.

Councilman Redmond: Does the field across Rt. 516 belong to Perth Amboy?

Mr. Badcock: That is Danton Field which is used by the 60 and over softball league with no lease.

Councilman Redmond: Should requests for time on these fields go through you?

Mr. Badcock: That has nothing to do with me.

Councilman Redmond: Their business administrator said he was getting letters from Old Bridge leagues requesting time on the fields.

Mayor Cannon: We have no jurisdiction over the fields; they belong to Perth Amboy.

Attorney Ruggierio: The matter of resolving our disputes was a discussion occurring in February. I produced an agreement that was transmitted to Perth Amboy which was never addressed. I made many phone calls to their attorney. Some of what I was getting back from the attorney for Perth Amboy was an indication that the decision makers at Perth Amboy were not responding to him, and I told this to Mayor Cannon. Passing the motion not allowing the filing the declaration of taking, you remove all leverage and are playing into the hands of what Perth Amboy has been doing all along in delaying this matter. As long as they know there is an end to this process and that I can file a declaration of taking, they know they have to respond.

Councilman Greene: This is a small piece of property at Owens Road which is crucial for the development of the Peter A. Mannino park. We have been discussing this for quite some time. I want to see the park developed, and I respect the position of the attorney. I am not part of the negotiations, and I believe that this motion is a mistake. I believe the attorney should use everything within his power to acquire that piece of property which is crucial to the development of additional recreational facilities for the Township of Old Bridge.

Mayor Cannon: The council is aware that these negotiations with respect to the status of the little league and football fields have been on going since I became mayor. We have gone to Perth Amboy numerous times to try to get this matter resolved. There were times when Mayor Vas did not attend the meeting. Our last meeting was in February, 2001 wherein we had a meeting of the minds as to what needed to be addressed - compensation for the use of the fields and the acquisition of this property and the other "slice". Mayor Vas was very supportive and applauded what we wanted to do with the Queen Yacienda property. Mayor Vas was looking into opening the watershed for more recreational activities. He wanted us to share our plans to avoid duplication. He acknowledged that since the land is located in Old Bridge that our residents would be mainly using those facilities. They asked us to draw a contract for review by their law department. It arrived in March 2001. Since then, we have had no response. Hostility now exists.

We have not been in communication with Perth Amboy regarding this matter. This is something that we have been trying to work on for a number of years with a number of proposals. This has to be resolved, and I think we should not be tying our lawyer's hands.

Councilman Hoff: Many years ago Old Bridge land was sold to Perth Amboy. We have to buy water which originates in Old Bridge from Perth Amboy who is now selling water to private industries. I have asked for a piece of the action many times. I believe that we have to take every precaution because they have not treated us nicely. They have land which should belong to Old Bridge, but our forefathers gave it away. We should retain a piece of their profits. I agree that we should be on top of every move.

Councilman Testino: Is Mayor Vas going to contact our recreation leagues and for what purpose. Is he going to threaten them?

Councilman Redmond: He had concerns about the amount of money put into the lights, etc. He is looking for a dollar figure for the back taxes, etc. He wanted to know what their investment was. He was looking for a long-term plan from either the leagues or the administrator. I had the impression that he thought we were going to move these teams into Mannino Park.

Mayor Cannon: Bill Ruggierio, Tom Badcock and I met with the leagues, and they know that we are supportive of them; that we don't want anything to interfere with their ability to operate; and that we are with them 100%. We just wanted to apprise them so that they are not taken by surprise.

Councilman Testino: I have deep concerns about not going forward without making sure that we are involved in this epic from this day forward. I don't believe that Old Bridge Little League wants to move. I don't think that a mayor from a sister community should inquire as to their assets. We will be on top of this to make sure that the league remains in place as long as they want to. We don't want to have Perth Amboy or its mayor say that we did not negotiate in good faith, and that we did not take every step to be sure that their concerns were addressed prior to moving forward. That is our responsibility now that we are aware of Mayor Vas' concerns, just as I hope they would do if our mayor was upset with them.

Mayor Cannon: I question whether Councilman Testino should be participating in this because you work for the City of Perth Amboy.

Councilman Testino: I work for the Housing Authority, and independent authority, and I know my limits.

Vice President Butler: Mayor Vas wants to reach out to the township council. Is it possible for us to reach out to them before we do whatever we are going to do to see if we can get some dialogue going?

Attorney Ruggierio: We have always been open and have participated (and we always meet with them in Perth Amboy) in discussions about issues they raise. They are trying to tie up all the other issues with the acquisition of the triangular piece of property. You have the authority to go forward and acquire this property. I committed to Mayor Vas that we would not go forward with any taking of that property until we received their counter proposal in January. It is counter productive for them to think that we don't have a hammer over their head to proceed with this because their modus operandi has been delay. When someone shows you that, you don't tell them that you are going to facilitate their delay which is what this motion would do. We will get their counter proposal on January 1, and we should invite Mayor Vas to a meeting before we file a declaration of taking. Don't tie my hands; this is the gun we hold to their head.

Councilman Testino: My motion is that you come back to the council before filing. I want to be kept in the loop.

Councilman Redmond: When you are dealing with another municipality, the burden of proof is on us that our public good is more important than theirs which may involve us in a lengthy litigation.

Attorney Ruggierio: I have not seen cases dealing with those issues, but nor can I say to you that they don't exist. With respect to this triangular piece of property, Perth Amboy is not using that for any public purpose, but we are. Even if that law existed, such an argument could not be made in this case and would not be accepted by the courts.

Councilman Greene: What are the dimensions of the piece of property?

Mr. Badcock: It is a triangular shape - 300 X 30. We can take access into the park through any number of areas. Because Rt. 516 is busy, we want to make the park entrance line up with Owens Road which is 150 feet short of our frontage on Rt. 516. The park has 110 acres of buildable space on 165 acres. Existing the park safely needs a traffic light.

Councilman Greene: Once we have access and we are ready to develop the park, the township will have to meet with the leagues to determine what their needs are. Some leagues will decide not to move; some will. I don't know much of the history associated with the Old Bridge Little League, but I understand they have been trying to negotiate an arrangement for many years and gotten no where. I believe it to be unfair to tie the attorney's hands and not allow him to move forward with a declaration of taking.

New Business.

Councilman Redmond: Exhibits a map showing the "Phillips Preserve" which is located at the Olympia and York property.

Attorney Report (cont'd.)

Motion

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

New Business (cont'd.)

Councilman Redmond: This is a preliminary plan showing the layout of the major phase of the park with an estimated cost of $5 million. There is a construction entrance from Pleasant Valley Road

Mayor Cannon: I am disappointed in the way this has come about. The county park was a bipartisan project. There was no effort to reach out to Tom (Badcock) and to use his expertise as to what would be appropriate. The majority of the users will be Old Bridge residents. It is presumptuous to present this tonight which Tom (Badcock) is seeing for the first time.

Mr. Badcock: I was called by Ralph (Albanir) to let me know that Larry (Redmond) had picked up a copy of the plans. I had no input.

Councilman Testino: Now is the time for input; therefore, I ask the administration to work with the county and ask that the public give their comments to Mr. Badcock.

Presentation - Bob Bozian

Mayor Cannon: We are here to honor an exemplary employee who has the difficult job of collecting taxes which he handles with professionalism and good will. We congratulate Bob Bozian on his 80th birthday.

Presentation - Celebrate Old Bridge Day

Mayor Cannon presented certificates to those who worked on the parade for Celebrate Old Bridge Day to the following persons:

John Chin, Coordinator, Cathy Zamplione, Asst. Coordinator, Nemours Louis-Jacques, Asst. Coordinator, Elizabeth Rose, David Rose, JoAnn Carega, Raymond Carega, John Carega, Lorraine Grigoli, Jessica Bufano, Lauren Serzan, Tom Camarda, Ken Cogland, Frank DeFini, Tom Griffin, Gui Bernadin

Preliminary public comments.

Ms. Panos: Expressed her disappointment and outrage with literature distributed prior to Election Day that she believed was not complimentary to her and exploited the events of September 11, 2001.

Ms. Au: Brought to the attention of the Township Council and the residents of Old Bridge deplorable conditions existing in China which have been brought about by the current Communist leaders. Requested a resolution condemning Chinese state terrorists acts.

Mr. Pagnotta: Rendered his opinion with respect to the lack of attendance at council meetings by some members of the governing body.

Mr. Calogera: In a response to Ms. Panos' statements expressed his resentment at her comments about him in connection with his involvement in campaign literature directed against her.

Discussion.

1. Library gas project.

Removed.

Hearing.

1. Release/Reduction Performance Guarantee - Rt. 9 Plaza (WalMart/Home Depot).

Mr. Iglesias: The Home Depot site is complete. I have no objections to reducing the amount by 70%. We have not received any complaints, and I believe the reduction is appropriate. Please refer to my memo dated October 21. The performance bond is in the amount of $2,904,000 would be reduced to $871,387. The cash deposits will be reduced from $322,736 to $96,820.80.

TO: Mayor Barbara Cannon and The Township Council

FROM: Nelson Iglesias, P.E. & L.S., Township Engineer

DATE: October 21, 2001

RE: Route Nine Plaza (WalMart / Home Depot)

Appl. #27-99Z (Bl. 5000, Lots 2, 6.11, 7, 8, 9, 10 & 11)

Reduction / Release of Performance Guarantee

==========================================================

Bond Hearing Date: November 8, 2001

The developer of Route Nine Plaza is seeking a reduction of the Performance Guarantee. This Plaza is located on the southbound side of Route 9. There has been no reduction to the Performance Guarantee and the amount is as follows:

Performance Bond $2,904,623.98

10% Cash Deposit $ 322,736.00

Total $3,227,359.98

Work Remaining to be done:

The building for retail stores (located between the Home Depot and Wal-Mart ) is under construction and the site improvement works around this building are not complete. Besides this, all other site improvement works have been completed to our satisfaction.

Recommendation:

This office has performed an inspection of the site and find that with the exception of site improvement works around the retail building all other works have been completed. We recommend a 70% reduction of the Performance Guarantee. In accordance with NJSA 40:55D-53, thirty percent (30%) of the Performance Guarantee is retained to ensure final completion of the bonded items. This reduction does not relieve the developer of any responsibilities or liabilities pertaining to this project. The figures for the recommended reduction are as follows:

Performance Bond $2,904,623.98

This reduction $2,033,236.78 (70% reduction)

Bond reduced to $871,387.20

Cash Deposit $322,736.00

Cash to be returned $225,915.20 (70% reduction)

Cash to be retained $96,820.80

cc: Alayne Shepler, Business Administrator
William S. Ruggierio, Township Attorney
Rose-Marie Saracino, Township Clerk
Himanshu Shah, Director of Finance
Rocky Donatelli, Director of Public Works
Jerry Palumbo, Chief of Police (Att: traffic & safety)
Charles Mannino, Rt.9 Plaza, L.L.C.

Councilman Testino: I think that the acceleration lane is short.

Mr. Iglesias: I agree, but the DOT controls that.

Councilman Testino: The DOT is wrong; someone is going to get hurt.

Mr. Iglesias: The council can request the DOT to pursue additional length of roadway. I am glad that you insisted on the access road which relieves some of the traffic. Please give the situation one year. If a bad situation continues to exist, you can write to the DOT requesting an elongation of this lane.

Councilman Testino: Is there enough room to make this longer? I would appreciate your looking into this.

Mr. Iglesias: I will research this, and I have some ideas, but I won't discuss them until I can back them up. Their request for a reduction is legitimate and has nothing to do with the situation on Rt. 9. I can pursue the improvements to Rt. 9, but I don't think that has anything to do with the request for the reduction.

Councilman Redmond: The acceleration lane was done through the DOT. The boards have no jurisdiction.

Motion

to reduce the performance guarantee of Rt. 9 Plaza - WalMart/Home Depot by 70% moved by Councilman Hoff, seconded by Councilman Greene and so ordered on the following roll call vote:

AYES: Councilmen Greene, Hoff, Redmond, Sohor, Vice President Butler.

NAYS: Councilman Testino.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

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

Councilman Testino: I have asked that Mr. Iglesias report back at our next meeting with his recommendations with respect to the acceleration lane. We can craft a resolution to the DOT to start the process for a long (acceleration) lane.

Consent Agenda.

Vice President Butler opened a public portion. Seeing no hands Vice President Butler closed the public portion.

No. 510 Appointing James Hyland, Esq. in re Township of Old Bridge Zoning Board vs Allan Jacobs in the amount of $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 Zoning Board with regard to the matter of Allan Jacobs vs. Zoning Board of Adjustment; and

WHEREAS, James Hyland, 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 of the Township of Old Bridge as follows:

The contract for professional services is authorized to be entered with James Hyland, Esq. in the usual form.
The scope of the work to be performed by attorney James Hyland shall be representation in the matter of Allan Jacobs vs. Zoning Board of Adjustments.
This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds No. 1004 has been received for this contract assuring that there are sufficient funds in the current appropriation(s) to fund the purchases anticipated in the current budget year.

Budget Year FY02

Cert No. 1004

Amount $5,000.00

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 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.

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: legal representation of the Zoning Board of Adjustment.

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 vender with filing of Affirmative Action Form AA302 or AA201 or otherwise complying with Affirmative Action employee information reporting.

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

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 511 Authorizing professional service contract with Thomas Norman, Esq. in re Township of Old Bridge Planning Board Vs Woodland Trails in the amount of $8,000.00.

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 legal assistance in connection with the representation of the Planning Board in the matter of Woodland Trails, Inc. vs. Planning Board of the Township of Old Bridge; 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 of the Township of Old Bridge as follows:

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 shall be representation in the matter of the Woodland Trails Inc. vs. Planning Board of the Township of Old Bridge.
This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds No. 1003 has been received for this contract assuring that there are sufficient funds in the current appropriation(s) to fund the purchases anticipated in the current budget year.

Budget Year FY02

Cert No. 1003

Amount $8,000.00

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 vender with filing of Affirmative Action Form AA302 or AA201 or otherwise complying with Affirmative Action employee information reporting.

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

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 512 Authorizing a professional service contract with Jerome J. Convery, Esq. in re Township of Old Bridge Zoning Board Vs Matzel and Mumford @ Highpointe in the amount of $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 legal assistance in connection with the representation of the Township of Old Bridge Zoning Board of Adjustment in regard to the matter known as Matzel & Mumford, Inc. v Township of Old Bridge Zoning Board of Adjustment; and

WHEREAS, Jerome 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 of the Township of Old Bridge as follows:

A contract for professional services is authorized to be entered with Jerome Convery, Esq. to provide legal services at a rate of $125.00 per hour plus costs and expenses, not to exceed the sum of $5,000.00 without further authorization of the board.
The scope of the work to be performed by attorney Jerome Convery shall be representation of the Zoning Board of Adjustments in the matter of Matzel & Mumford at Highpointe vs. Old Bridge Township Zoning Board.
This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds No. 1005 has been received for this contract assuring that there are sufficient funds in the current appropriation(s) to fund the purchases anticipated in the current budget year.

Budget Year FY02

Cert No. 1005

Amount $5,000.00

This resolution is conditioned upon the following.

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

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

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

D. Compliance by the vendor with filing of Affirmative Action Form AA302 or AA201 or otherwise complying with Affirmative Action employee information reporting.

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

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 513 Awarding a professional service contract to Jerome Convery, Esq. in an amount not to exceed $5,000.00 in re: Township of Old Bridge Zoning Board vs Ancar Syndicate.

RESOLUTION

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

WHEREAS, Jerome Convery, 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 of the Township of Old Bridge as follows:

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

2 The scope of the work to be performed by attorney Jerome Convery, Esq. shall be representation in the matter of the Zoning Board of Adjustments vs. Ancar Syndicate, Inc.

3 This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds No. 1001 has been received for this contract assuring that there are sufficient funds in the current appropriation(s) to fund the purchases anticipated in the current budget year.

Budget Year FY02

Cert No. 1001

Amount $ 5,000.00*

* The amount of the contract not to exceed $5,000.00

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 vender with filing of Affirmative Action Form AA302 or AA201 or otherwise complying with Affirmative Action employee information reporting.

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

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 514 Awarding a professional service contract to Thomas Norman, Esq. In re Township of Old Bridge Planning Board Vs Vincent and Lorraine Signoriello.

RESOLUTION

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

WHEREAS, the Legal Department of the Township of Old Bridge has recommended the extension of certain existing contracts with attorneys; and

WHEREAS, such action should be memorialized.

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

1. The contract previously granted to Thomas Norman, Esq. for the purpose of representing the Township of Old Bridge in the matter of Old Bridge Township Planning Board vs. Vincent and Lorraine Signoriello be extended in the amount of $5,000.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1002 certifying the existence of a sufficient appropriation to fund the said contract.

There will be a necessity for an additional contract to be provided as the original contract is presently on file with the Township Clerk's office

The Mayor and Clerk are hereby authorized to execute any documents necessary to extend this contract.
Subject to maximum amount authorized above and as a available appropriation, the Director of Law of the Township of Old Bridge may increase the funding of this contract by issuing one or more supplemental purchase orders.

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

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 515 Authorizing Change Order No. 1 to reduce Contract No. 01-05 to Arbe Landscaping, Inc. for Higgins Road drainage improvements in the amount of $543.50.

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 Contract #01-05 with the contractor Arbe Landscaping, Inc., for the Higgins Road Drainage Improvements.

WHEREAS, Arbe Landscaping has requested Change Order No. 1 to reduce the amount of the contract due to the changes in the contract quantities.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Change Order No. 1 is hereby authorized as set forth on the attached Change Order.

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

ORIGINAL CONTRACT........................................$56,337.50

CHANGE ORDER #1..............................................$ - 543.50

NEW TOTAL AUTHORIZED.................................$55,794.00

(TOTAL AMOUNT OF CHANGE ORDER............$543.50)

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 516 Authorizing tax exemption for John J. Ciprich, a 100% disabled veteran - Block 3230, Lot 87-14.

RESOLUTION

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

WHEREAS, NJSA 54:4-3.30 et. seq. Authorizes an exemption from local property taxation the property of any veteran who has been declared by the United States Veterans Administration to be 100% disabled as of the date of same; and

WHEREAS, John J. Ciprich, who owns and resides at 14 Oxford Court, also known as Block 3230, Lot 87, has filed for the above mentioned exemption with the Tax Assessor; and

WHEREAS, John J. Ciprich was declared a 100% disabled veteran on March 31, 2000, a copy of said declaration being filed with the Tax Assessor, and has owned the above mentioned property since February 17, 1993.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Tax Collector be hereby authorized to cancel a portion of the 2000 calendar year taxes and all of the 2001 calendar year taxes that have been billed on the above referenced property.

BE IT FURTHER RESOLVED by the Township Council of the Township of Old Bridge that any payments for taxes made for the period after April 1, 2000 be refunded including any interest and principal paid by John J. Ciprich.

Levy Amount Payment Amount

To be Canceled To be Refunded

2000 $4,845.92 $4,845.92

2001 $6,683.47 $4,939.37

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 517 Memorializing release of the performance guarantee - Hill Estates.

RESOLUTION

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

WHEREAS, the developer for Hill Estates, Jerald Development Group, has requested a release of the performance guarantee; and

WHEREAS, a public hearing was held on October 8, 2001, at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, the Township Engineer has recommended release of the performance guarantee of Hill Estates; and

WHEREAS, the Township Engineer recommends release of the performance guarantee as follows:

Original Performance Guarantee $237,661.20 (Bond and cash deposit)

Reduced Bond Amount 142,596.72

Cash Presently Retained $15,844.08

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the performance guarantee be released subject to the developer posting a maintenance bond in the amount of $35,649.18 (15% of $237,662.20 - the original performance guarantee) for a period of two (2) years.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 518 Authorizing contract/agreement with Middlesex County Improvement Authority in connection with the paint collection program interlocal service agreement.

RESOLUTION

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

WHEREAS, the County Board of Chosen Freeholders adopted Amendments 1994-1, 1994-2 and 1994-3 to the County's Solid Waste Management Plan which reassigns the implementation responsibilities to the Middlesex County Improvement Authority (hereinafter the "Authority") and

WHEREAS, the County and the Authority are undertaking a paint recycling program for the residents of the County; and

WHEREAS, the program will be implemented by the Authority with the assistance of the County Division of Solid Waste Management at certain municipal sites in the County; and

WHEREAS, in order to implement the program the Authority will award a contract within approved paint recycler/hauler to provide containers and to remove and recycle/dispose of paint and paint related products; and

WHEREAS, the Township Council wishes to enter into an agreement with the Middlesex County Improvement Authority to implement the aforementioned paint recycling program at the Department of Public Works yard to be held every second Saturday of every month; and

WHEREAS, the agreement shall be for a twelve (12) month period or the duration of the contract between the Authority and the paint recycler/hauler commencing January 1, 2002.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the agreement be entered into with the Middlesex County Improvement Authority implementation of a paint recycling program; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk of the Township of Old Bridge are hereby authorized to affix their signatures to any and all documents necessary to effectuate this agreement. The Township Attorney shall review any and all documents relating to this agreement.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 519 Awarding a professional service contract to James E. Cleary & Associates for re-warding election districts in an amount 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 Clerk has recommended that the Township of Old Bridge engage the services of a professional engineer to reward the election districts; and

WHEREAS, the Township Clerk has recommended the hiring of James E. Cleary & Associates, Inc., located at 207 South Stevens Avenue, South Amboy, NJ 08859 for its professional services.

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 James E. Cleary & Associates, Inc. is hereby hired to reward the election districts at an amount not to exceed $5,000.00.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1008 certifying the existence of a sufficient appropriation to fund the said contract.

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:

Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
Issuance of a Certificate of Availability of Funds as aforesaid.
Compliance by the vendor with signing the mandatory affirmative action language required by law.
Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with affirmative action employee information reporting.

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

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 520 Authorizing waiver of permit fees for the Sayrewoods South Little League in the amount of $60.00.

RESOLUTION

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

the Township's portion of permit fees for plumbing and electrical work for the installation of a sprinkler system at the Sayrewood South Little League complex in the amount of $60.00 are hereby waived.

BE IT FURTHER RESOLVED by the Township Council that the State's portion of such fees shall be paid.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 521 Awarding Contract No. 01-29 for four stainless steel salt spreaders in the amount of $20,300.00 to Seeley Equipment.

RESOLUTION

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

WHEREAS, the Township of Old Bridge advertised and received bids for Contract #01-29 for stainless steel salt spreaders; and

WHEREAS, the Township Council wishes to award the contract to the lowest responsible bidder; and

WHEREAS, the Director of Public Works has recommended that a contract be awarded to Seeley Equipment, located at 1325 Highway 34, Farmingdale, New Jersey 07727.

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

Seeley Equipment is hereby awarded a contract in the sum of $20,300.00 for four (4) stainless steel salt spreaders.
The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1000 certifying the existence of a sufficient appropriation to fund the said contract.

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:

Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
Issuance of a Certificate of Availability of funds as aforesaid.
Compliance by the vendor with signing the mandatory affirmative action language required by law
Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with affirmative action employee information reporting.

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

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 522 Increasing the contract for SSI Services, Inc. in the amount of $4,500.00 for radio consultation.

RESOLUTION

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

WHEREAS, the Township previously entered into a contract with SSI Services for consulting services with regard to the police radio system; and

WHEREAS, an extension to the contract with SSI Services is requested in the amount of $4,500.00 to complete the consulting services; and

WHEREAS, the Township Council wishes to extend the contract in the amount of $4,500.00

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 amount of the contract for consulting services with regard to the police radio system is extended in the amount of $4,500.00
The award of the contract is contingent upon the issuance of a Certification of Availability of funds #1007 certifying the existence of a sufficient appropriation to fund the said contract.
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 and all contractual documents prepared in furtherance of this award.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 523 Authorizing a professional service contract for Thomas Norman, Esq. in re Township of Old Bridge Planning Board Vs Piotr Holowiak.

RESOLUTION

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

WHEREAS, the Legal Department of the Township of Old Bridge has recommended additional funds to Thomas Norman, Esq. in the matter of Piotr Holowiak vs. Old Bridge Planning Board; and

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

1. The contract previously granted to Thomas Norman, Esq. for the purpose of representing the Township of Old Bridge in the matter of Piotr Holowiak vs. Old Bridge Planning Board be increased in the amount of $8,000.00. These funds will be taken from the escrow account.

The award of the contract is contingent upon a the issuance of a Certification of Availability of Funds No. 1010 certifying the existence of a sufficient appropriation to fund the said contract.

Will not be a necessity for an additional contract to be provided as the original is currently on file with the Township Clerk's office.

The Mayor and Clerk are hereby authorized to execute any documents necessary to extend this contract.
Subject to maximum amount authorized above and as a available appropriation, the Director of Law of the Township of Old Bridge may increase the funding of this contract by issuing one or more supplemental purchase orders.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 524 Authorizing a professional service contract to Thomas Norman, Esq. for a COAH study.

RESOLUTION

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

WHEREAS, the Legal Department of the Township of Old Bridge has recommended additional funds to Thomas Norman, Esq. in the review of COAH Study; and

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

1. The contract previously granted to Thomas Norman, Esq. for the purpose of representing the Township of Old Bridge in the review of COAH Study be increased in the amount of $8,000.00. These funds will be taken from the escrow account.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1009 certifying the existence of a sufficient appropriation to fund the said contract.

There will not be a necessity for an additional contract to be provided as the original contract is presently on file with the Township Clerk's office.
The Mayor and Clerk are hereby authorized to execute any documents necessary to extend this contract.
Subject to maximum amount authorized above and as a available appropriation, the Director of Law of the Township of Old Bridge may increase the funding of this contract by issuing one or more supplemental purchase orders.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 525 Granting easement to GPU to facilitate relocation of power lines on Cottrell Road.

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 now in the process of constructing a Town Center; and

WHEREAS, GPU needs to relocate utility poles on Township property to facilitate relocation of power lines; and

NOW THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey does hereby grant an easement to GPU to relocate the utility poles for the Town Center construction now on going.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 526 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 applicants, the following licenses:

BA70-01A Old Bridge Township Senior Housing
BA71-01A Old Bridge Township Senior Housing
RA01-02 Combined Societies of St. Ambrose
RA02-02 Combined Societies of St. Ambrose
RA03-02 Combined Societies of St. Ambrose
BA04-02 Jewish Community Center - Temple Beth Ohr
BA05-02 Jewish Community Center - Temple Beth Ohr
BA06-02 St. Bernadette Church
BA07-02 St. Bernadette Church
BA08-02 St. Bernadette Church

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

AYES: Councilmen Hoff, Sohor, Testino, Vice President Butler.

NAYS: None.

ABSTAIN: Councilmen Greene, Redmond.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

No. 527 Opposing Assembly Bill No. 3729 and Senate Bill No. 2494 - Public Safety Employee Paid Leave Mandate. TABLED

Councilman Hoff: What does this resolution mean?

Ms. Shepler: The League of Municipalities has approached all of the governing bodies to ask that these bills voted against. What prompted this was traditionally the FOP, PBA and thirty other fraternal organizations with police and firefighters among their membership have been granted paid leave to attend state conventions. In the case of the PBA their state convention is a seven-day cruise to the Caribbean. Recently, this was ruled constitutional. These bills are a way to get around the unconstitutionality issue, and they have only changed the language slightly and this would be an unfunded state mandate that we would be required to pay these officers for not only the time they were at the convention, but the time traveling to and from the convention. This cold be a very expensive proposition.

Councilman Testino: How does this impact Old Bridge?

Ms. Shepler: Before the bill was ruled unconstitutional, I believe as many as four to five officers at a time have attended the PBA convention. I am not sure about the FOP.

Councilman Testino: I am sure these are valuable conferences.

Ms. Shepler: I would think that traveling to the Caribbean would be an interesting conference. The PBA would verify the statement that their convention is always a Caribbean cruise.

Councilman Hoff: What causes my concern is the upcoming League of Municipalities, and I assume that this is what the police want settled prior to that. How many people are on paid leave go the League Conference?

Ms. Shepler: Department heads are granted up to three days; division heads are granted one day.

Councilman Hoff: How many people attend?

Ms. Shepler: If I gave you (the number of) everyone who goes, that would include council members, the president of the planning board and the board of adjustment...

Councilman Hoff: Who goes from the police department?

Ms. Shepler: The Chief of Police attends for three days. The chief is a division head; not a department head, but because he is the Chief of Police he is always afforded the same status as a department head.

Councilman Hoff: Before taking a final position, I would like to study this resolution. I would like to maintain the police that we have had in effect for years and allow the Chief of Police to go on paid leave and study this at a later date.

RESOLUTION

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

WHEREAS, no municipal government service is more important, more necessary nor more expensive than public safety; and

WHEREAS, for almost fifty years municipalities have been forced by state mandate to grant leave to and to pay public safety employees for non-productive time spent traveling to, attending and returning from state and national fraternal gatherings; and

WHEREAS, over the years the legislature has from time to time expanded the number of association gatherings to which these employees were allowed to go at the expense of our property taxpayers; and

WHEREAS, in addition to the expense, these mandated absences have on occasions strained efforts to adequately staff public safety functions; and

WHEREAS, on May 5, 2001 the Appellate Division of the New Jersey Superior Court in the case of New Jersey State Firemen's Mutual Benevolent Association et al v. North Hudson Regional Fire & Rescue, declared these enactment's unconstitutional thereby freeing municipalities from the expenses and administrative burden of the mandate; and

WHEREAS, on September 19 the New Jersey State Supreme Court decided not to consider an appeal of that Appellate Division decision; and

WHEREAS, Bills A-3729 and S-2494 have been introduced in the respective houses of the Legislature to re-impose a somewhat less onerous version of the paid leave mandate; and

WHEREAS, an effort to amend the Senate Bill so that the Senate would provide funding to cover the cost of this mandate has been rebuffed.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge does oppose passage of A-3729 and S-2494; and

BE IT FURTHER RESOLVED that we do urge our State Legislators to resist the pressure that will be put on them by special interests to pass this bill and vote instead to protect the interest of our property taxpayers, by rejecting the ill conceived giveaway; and

BE IT FURTHER RESOLVED that copies of this resolution be sent to our State Legislators, to Acting Governor DiFrancesco and to the New Jersey State League of Municipalities.

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

AYES: Councilmen Hoff, Redmond, Testino, Vice President Butler.

NAYS: Councilmen Greene, Sohor.

ABSENT: Councilmen Cucchiara, Hegarty, President Maher.

No. 528 Authorizing a public auction for a ground lease at One Old Bridge Plaza.

RESOLUTION

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

WHEREAS, the Local Lands and Buildings Law at NJSA 40A:12-14 allows a municipality to lease any real property not needed for public use to the highest bidder by open public bidding at auction or by submission of sealed bids; and

WHEREAS, the subject portion of the Township property is not needed for public use or can be shared;

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 leasing of a parcel not exceeding 100 square feet on property owned by the Township of Old Bridge located at One Old Bridge Plaza and known as part of Lot 1, Block 10,000 on the Old Bridge tax map is hereby authorized upon the terms and conditions hereinafter set forth.
The Township Clerk is hereby directed to advertise the method of bidding in the official newspaper by two insertions at least once a week during two consecutive weeks, the last publication to be not earlier than seven (7) days prior to letting of the lease.
All bids must be accompanied by cash or certified check or bid bond in the amount of $5,000.00. If the successful bidder does not execute a lease with the Township within sixty (60) days following the award, then the bidder's $5,000.00 deposit shall be forfeited.
All bids shall be referred to the Township Attorney for legal review and final approval. The Township Council will make its decision known by resolution within twenty (20) days after the bids were received. Acceptance or rejection of the bid shall be made not later than at the second regular meeting of the Township Council following the completion of the bidding, and if the Township Council shall not so accept such highest bid or reject all bids, such bids shall be deemed to have been rejected. Any such award may be adjourned at the time advertised for not more than one (1) week without re-advertising.
The Township reserves the right to award a lease to the highest responsible bidder.
The Township will not accept bids of less than $16,380.00 per year for the initial year with an escalator clause of a minimum of five percent (5%) per year.
The Township reserves the right to reject any and all bids.
The lease shall include the following terms and conditions:

a. The parcel to be leased shall be located in such a place and used in such away that it will not interfere with Township communications.

b. The Lessee shall have access to the site twenty-four (24) hours a day seven days a week.

c. The lease shall be for an initial term of five (5) years with options to renew.

d. The successful Lessee shall furnish the Township of Old Bridge with hold harmless agreements and shall provide liability insurance covering both bodily injury and property damage with minimum limits of $1,000,000.00 (and a deductible not to exceed $5,000.00) which policy of insurance shall name the Township of Old Bridge as an additional insured.

e. The cost of utilities used by the Lessee including but not limited to electricity, sewer and water shall be paid by the Lessee.

f. This agreement may not be sold, assigned, or transferred by the Lessee without any prior approval or consent of the Lessor except to the Lessee's principal affiliates, subsidiaries of its principal, or to any entity which acquires all or substantially all of Lessee's assets in the wireless communications market by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned, or transferred without the written consent of the Lessor.

g. The minimum acceptable bid shall be as specified in the specifications entitled Ground Lease Specifications which shall be incorporated by reference in the lease.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Hegarty, President Maher.

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

Councilman Hoff: Is this 100 x 100 or 100 square feet?

Ms. Shepler: This is a 100 x 100 feet which is our radio tower. The township entered into a unique agreement several years ago with what was then Bell Atlantic. The maintenance has been taken over by Crown Castle. We lease ground space to a company who wants to go on the tower. They pay us an annual rent for the ground space. Currently, we have Bell, Sprint, Omni Point and this would be the fourth carrier. Nextel is interested also. We are not leasing the tower because it belongs to Crown, and they receive revenue from the tower rental. We receive the ground space rental.

Councilman Hoff: If you lease the space to one company, does that contractor have total rights to the tower?

Ms. Shepler: No, it is totally governed by what the tower can support and by the FCC regulations. They have to have approval from Crown Castle who owns the tower.

Councilman Hoff: If Old Bridge leases the property where the tower is located, everyone has to deal with Comcast to use the tower?

Ms. Shepler: We are only leasing the space outside the tower where they put a box which houses their electrical equipment which controls the antenna on the tower. Crown owns the tower; we have the right to be on the tower for our police radios. We lease space to other carriers who wish to go on to the tower. They requi