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

Old Bridge Township Council

Combined Meeting

January 8, 2001

A Combined Meeting of the Township Council of the Township of Old Bridge was held on January 8, 2001 in the Municipal Complex. The meeting was called to order at 7:32 p.m. by President Maher.

Clerk Rose-Marie Saracino announced that the meeting had been advertised in the Home News & Tribune pursuant to Section 5 of the Open Public Meetings Act and that the next open public meeting of the council will be held on Tuesday, January 16, 2001 at 8:00 p.m.

Roll call by Clerk Saracino showed the following members present: Councilmen Butler, Greene, Hoff, Redmond, Sohor, Testino, President Maher. Councilman Cucchiara and Councilwoman Marinaccio were absent.

No. 31 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:

November 20, 2000 - Agenda
November 27, 2000 - Regular
December 04, 2000 - Agenda

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

No. 32 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 January 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 January 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 $4,345,485.68 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

No. 33

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

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

No. 34 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 Testino and so ordered on the following roll call vote:

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

NAYS: Councilman Greene, President Maher.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

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

Councilman Hoff: Are the funds spent for snow removal during the recent storm included?

Ms. Shepler: This is the payroll of December 22.

President Maher: The list indicates payroll for January 5. It must include the overtime.

Councilman Hoff: This is the first time in many years that I have voted "yes" to overtime. Our roads and public safety departments did a great job.

Councilman Testino: I congratulate the road department and emergency personnel for their help during the storm. I had many phone calls commending the work of the road department. Rocky sent a truck immediately to trouble spots. I had heard that adjacent towns had trouble clearing roads. It is important for me to know that Old Bridge can still operate. We had no serious accidents.

Councilman Butler: I congratulate Rocky Donatelli and his staff as well as our emergency staff for a job well done.

Councilman Greene: I intend to vote "no" on the overtime, but want everyone to know that this has nothing to do with the public works department. I believe Rocky and his staff did a great job; the roads were well taken care of. My objection to the overtime has been that there has been no concerted effort within the Department of Public Safety to curtail overtime.

President Maher: I add my accolades to the public works department.

Council Comments.

Councilman Redmond: Tonight I handed everyone literature. Many states have declared February 14, 2001 as Congenital Heart Defect Awareness Day. I have asked the Mayor and Council to join me in declaring the same in Old Bridge during the first meeting in February. There are 32,000 infants born each year with a heart defect; my son Lawrence is one of those children, and that is how I became involved.

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 December 2000:

DOGS:
3204-3207 $37.00

LICENSE:

VENDING:

Snack - $5.00 each
#1- 4 Sodexho Vending $20.00

Soda -$10.00
#1 - 487 Sodexho Vending $40.00

Food - $25.00
#1 Chas. Gregory Nursing School $25.00

Amusement - $25.00 each
#1- 84 Funmania The Golf Center $2,100.00
#85 VOIDED
#86-106 CIC Corp (money deposited in November - $525.00)

Limousine
DVG Limo $35.00
Hun $35.00

$2,255.00

BINGO/RAFFLE
RA - 15-01 St. Ambrose Combined Societies N/C
RA - 16-01 St. Ambrose Combined Societies N/C
RA - 17-01 St. John Vianney's $10.00
BA - 18-01 St. Ambrose Combined Societies $500.00
BA - 19-01 St. Ambrose Combined Societies $510.00
BA - 20-01 St. Ambrose Combined Societies $490.00
BA - 21-01 St. Ambrose Combined Societies $500.00
RA - 22-01 St. Thomas the Apostle School N/C
RA - 23-01 St. Thomas Holy Name School N/C
RA - 24-01 St. Thomas the Apostle Church N/C
RA - 25-01 St. Thomas Altar Rosary Society N/C
RA - 26-01 St. Thomas Home School N/C
BA - 27-01 St. Bernadette's Church $510.00
BA - 28-01 St. Bernadette's Seniors $510.00
RA - 29-01 Colts Neck PTO $20.00
RA - 30-01 Colts Neck PTO $30.00
RA - 31-01 Colts Neck PTO $10.00
RA - 32-01 Colts Neck PTO $100.00
RA - 33-01 Sayreville Assoc. Brain Injured Children $20.00
RA - 34-01 Temple Ohav Shalom $130.00

$3,340.00

MAPS
1 street map $5.00

SEARCH
214 & 215-00 $20.00

MISCELLANEOUS:
Photocopies $47.50
Reimbursement for Polling Places $450.00

$497.50

Total: $6,154.50

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

Report of the Attorney.

Attorney Ruggierio: I intend to have an Executive Session with respect to the discussions we have had with the Office of Cable Television. We have a meeting with the Cable TV Committee scheduled for January 23, and I believe that the council's and the committee's feedback will indicate the position I shall take with respect to cable television.

The council authorized me to settle the Canyon Woods litigation, and it appears that we have successfully done that. On January 23 Judge Wolfson is meeting with us to try to put that together. You might have seen the motion I filed in connection with respect to the reluctance of two of our insurance carriers to fund the lawyers who represent us in the environmental litigation that we call "the Sommers Case". We have been successful in nudging through the motion one of the carriers to pay their share. We expect that when the judge meets with the other parties on January 25, that the other party will be nudged as well.

Motion

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

Certificates of Recognition - Old Bridge Rams Junior Pee Wee Cheerleaders and Pee Wee Cheerleaders.

Mayor Cannon presented certificates to the Old Bridge Rams cheerleaders who participated in national competition in Dallas during December. The Junior Pee Wee Cheerleaders won fourth place during the National Cheerleading competition. The Pee Wee Cheerleaders are first place national champions. Certificates were given to the following individuals:

Carina Abreu, Jillian Albert, Kathleen Aleman, Heather Balla, Karly Butler,Tara Davis, Breanne Denault ,Danielle Dieckman, Lisa Frankfurt, Veronica Giraldo, Caitlin Glynn, Jessica Goglia, Samantha Jacobs, Tatiana Kidd, Amanda Lukacs, Kate Magli, Valerie McGeehan, Loraine McKee, Ashley Osadacs, Krystal Parker, Lauren Petrovski, Katrina Pokriots, Samantha Scozzari, Amanda Siecinski, Shayleen Stout, Alexa Taddeo, Lauren Taguer, Kayla Warman, Brittany Ahr, Jaclyn Dancsecs, Diana DeFeo, Ashley DeLuccia, Heidi Denn, Lauren DiBattista, Samantha Gavares, Christiana Graff, Alexandra Guido, B. Hadzimichulis, Ashley Haxton, Chelsea Iaccarino, Noelle Igneri, Jessica Lukacs, Casey A. Lynch, Karli Miller, Lauren Ostek, Jillian Richard, Amanda Roventini, Stefani Sangiovanni, Karissa Sarcone, Amanda Shortlidge, JoAnne Small, Lauren Small, Emily Szaraz, Taylor Taddco, Teresa Thompson

Recess 8:11 p.m.
Reconvene: 8:17 p.m.

Roll call by Clerk Saracino showed the following answering present: Councilmen Butler, Greene, Redmond, Sohor, President Maher. Absent from the podium were Councilmen Hoff, Testino. Councilman Cucchiara and Councilwoman Marinaccio were absent.

Guest Presentation - Operational Review Performed by the Local Government Budget Review (Bob Mahon, Director and Joanne Palmer, Deputy Director).

Ms. Palmer: Local Government Budget Review within the Department of the Treasury was created by Governor Whitman to help local governments and schools boards find inefficiencies without compromising the delivery of services. Based on the success of this program and the number of requests for review services, the program was expanded, tripling its number of review teams in an effort to reach more communities and school districts. Our goal is to provide assistance to local governments and school districts for meaningful property tax relief to the citizens of New Jersey.

We applaud the governing body of Old Bridge who requested this review, and we commend the elected officials, the department heads and the township employees for their assistance and cooperation during the course of the review. The potential financial impact of an issue or recommendation is provided in the report. The recommendations are voluntary; they do not all have a direct or immediate impact on the budget or the tax rate. We recognize that all of these recommendations cannot be accomplished immediately, and that some of the savings will occur only in the first year. Many of our suggestions require negotiations to the collective bargaining process. We believe that the estimates contained in the reports are achievable and conservative. The decision to implement or modify these recommendations rests with the governing body of Old Bridge.

The report is comprised of four sections: the best practices section, an opportunities for change, collective bargaining and shared services. The review identifies savings of approximately $3.7 million, or 9% of the FY99 budget of $39.9 million. The review also identifies approximately $4.4 million in potential savings. Once we complete our field work and write the review, it goes out to internal state agencies for their approval. The agencies were the Division of Criminal Justice, DCA, DOE (for school reports), the Attorney General's office and the office of the Governor.

The team found a willingness on the part of the management of the township to find ways to improve efficiencies. Old Bridge is fortunate because its geographic size, population, tax base size and growth make the delivery of services cost effective. The team found that the township has reasonable economic stability and has developed an impressive level and variety of services that seem appropriate to the population. The team identifies procedures, programs and practices that are noteworthy and deserving of recognition. Best practices are presented to encourage replication in communities and schools throughout the state. The township is commended for use of temporary and part-time employees. Having temporary crossing guards or bus drivers prevents the use of police officers or the cancellation of routes, both of which are costly either in terms of service or dollars. These individuals provide a pool of potential proven recruits. Part-time employees are also used effectively where the positions where the hours that need coverage are not the typical weekday hours, i.e., the library and recreation department.

The civilian youth counselor working with the juvenile section of the police department has reduced the youth recidivism rate from 83% to 7%, and reduced the handling of cases from a seven-month backlog in the court system to ten days. The latch key program through the recreation department provides before and after school care to 400 students at no cost to the taxpayer and at below market cost to parents. This program is exemplary because it is operated effectively at low cost.

The bulk of the report is made up of identified opportunities for change, and the team makes recommendations that will result in more efficient operations and financial savings to the township and its taxpayers. The team found that the township generally makes a conscious effort to control costs and explore areas of cost savings efficiencies in its operations, and the township is to be commended for its efforts. The team also commends the township in their initiative and cost saving through shared services with other governmental agencies that operate within the township. These initiatives are delineated in the "Shared Service" section of the report.

Our staff is available to answer questions and assist in recommendation implementation. Our website contains our released reports, summary documents of our findings and other information concerning our program. We thank you for participating in our program.

President Maher: I have invited Joanne and Bob back to a future agenda meeting to discuss this report after we have had time to review it.

Mr. Mahon: The back up information for the report is available in our office, and we would be happy to share it with you.

Mayor Cannon: The report has been made available to council, and we will be supplying the department heads with a copy. The report will be distributed to the newspapers, and we have copies available to the public if they call our office. It will be displayed on the website at the end of the week.

Preliminary Public Comment.

Anita Clavering: Addressed the township council with respect to the law which provides for the removal of snow, ice and any other obstacles from handicapped parking spaces, curb cuts and other areas designed to provide accessibility.

Discussion

1. Cheesequake /Perrine Roads - Flow of Water.

President Maher: I received several phone calls from the residents of the Madison Park who were concerned about the flow of water, dirt and silt during a recent rain storm from the construction at the Cheesequake/Perrine Road area from the construction.

Mr. Iglesias: I have given to the council a brief report and plan showing the Lowe's site and how the drainage from that site flows down Perrine Road.

President Maher: It appears that the rain water is being run to the bottom of Cheesequake Road.

Mr. Iglesias: This site proposes two detention basins - next to Perrine Road and the other is at Poor Farm Road. I emphasize that the topo map displayed here tonight shows the topography impacting the Perrine and Cheesequake Roads intersection. The Lowe's site is located at the southeast corner of the map displayed; the Home Depot is at the northeast corner. This indicates to you that a tremendous amount of drainage is coming to this intersection. I want to let you know why Perrine Road floods and how we can solve that problem.

Perrine Roads floods primarily because the water collects sediment which is carried through ravines on to a ditch along Cheesequake Road to the three culverts which are forever clogged with sediment. There are mounds of dirt on both sides of the culvert making it impossible for water to pass through. If that is the main collector of water, the water is going to back up. Both the Lowe's and Home Depot sites are designed in such a way that the run off from either side is kept in the detention basins. I am satisfied that either site is not contributing to the problem at Perrine Road. The ravines are on Mr. Brunetti's property, and I have advised him of the problem. I have told him that sediment must be prevented from flowing to the ditch and eventually clogging the culverts.

The proposed drainage on Perrine Road will transport water from the Lowe's site. Once it goes into the detention basin through a closed system down Perrine Road to the west side of an existing culvert. There is no way that water is impacting either Perrine Road or the homes in that area. In reading Mr. Brunetti's letter, it is obvious to me that Mr. Brunetti is indicating to us that we ought to eliminate the problem downstream of the intersection of Perrine and Cheesequake Roads by getting the DEP involved by cleaning up the stream, etc. Mr. Brunetti has said that we have approved the subdivisions, and we are responsible for the accumulation of sediment. That is not true.

We have strong ordinances dealing with run off created by a construction site. That is the whole purpose of detention basins. I have suggested joining hands with Mr. Brunetti and get the stream cleaned up. All water in this area empties into Pricketts Brook to Tennents Pond. This section of Pricketts Road needs to be opened and cleaned up. This would require a complete drainage study with a submission of plans to the DEP to obtain a permit. This would cost about $70,000, and I believe Mr. Brunetti should be responsible for this cost. I have forwarded this topo map to Mr. Brunetti. It shows property owned by Manzo which is to the west side of Cheesequake Road. The red line is the ridge (rain water falls either to one side or the other) which indicates that only so much of the Manzo land is affected. In 1997 I spoke to Brunetti and Manzo and had them erect sediment barriers. When the land is dry, you can see the ravine. When there is rain, there are tons of erosion. Mr. Brunetti and the township should do something about this.

President Maher: I believe we are all familiar with that section of town which is a key artery. This has always been a vulnerable location in terms of snow and rain and was impassable during the recent rain storm. The water has no where to run but to the intersection of Cheesequake and Perrine Roads. I am not convinced that we have a plan to fix this area.

Mr. Iglesias: Both the Lowe's and Home Depot sites are under construction. All they have is the sediment control fencing. The system on the plans that have been submitted to you does not presently exist, but will when the construction is completed. The run off from Lowe's will not impact Perrine Road, but will help it. My intent is to open the system with titanium catch basins which will pick up the water. It will not fix the problem downstream.

Councilman Hoff: You are referring to almost one-half million dollars in contracted work.

Mr. Iglesias: We have done similar things with the mosquito commission. The actual opening of the channel is not expensive, but the permits are.

Councilman Hoff: Prior to developing a plan of attack, we must find out who else can be liable for this.

Mr. Iglesias: We are all guilty. Before this was built, this water was flowing. The township has allowed sites and subdivisions to be created in locations that were questionable.

Councilman Hoff: The land is cleared, and I wonder if there is liability to them?

Mr. Iglesias: The developers have already contributed. We have an ordinance that calls for off track contributions.

Councilman Butler: The development cannot help the downstream problem, correct?

Mr. Iglesias: One of the things that developers are told is that they must contribute to off site improvements, i.e., traffic and drainage.

Councilman Butler: This will make the situation worse down stream, but we should see what we should have done some time ago.

Mr. Iglesias: I know what needs to be done.

Councilman Redmond: Why can't the off site development contribution be used for this study? Is there enough money in escrow to do this?

Mayor Cannon: The township may have some responsibility, but a large part is the responsibility of the land owner.

Mr. Iglesias: Many people don't understand the purpose of the wetlands. Wetlands have been there for thousands of years. Our ordinances allow us to control run off by means of detention basins. These sites are not impacting Perrine Road.

Councilman Sohor: Are you coming back to us with a proposal?

Mr. Iglesias: One of the items in the capital package is improvements to Perrine Road.

President Maher: I will put a thirty-day window on when you will be back with a recommendation to solve this problem.

Mr. Iglesias: Yes.

Discussion Resolutions.

DR-6 Dedication of funds from the sale of O&Y property.

Moved to "Discussion".

Consent Agenda.

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

No. 35 Authorizing insertion in the budget the amount of $6,758.70 as an item of revenue in connection with a Drunk Driving Enforcement Grant.

RESOLUTION

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

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget;

WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and

WHEREAS, the Township of Old Bridge received $6,758.70 from the Drunk Driving Enforcement Grant and wishes to amend its SFY 2001 Budget to include this additional amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the council of the Township of Old Bridge hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year SFY 2001 in the sum of $6,758.70 which is now available as a revenue from:

Drunk Driving Enforcement Grant

BE IT FURTHER RESOLVED that a like sum of $6,758.70 be and the same is hereby appropriated under the caption of:

Drunk Driving Enforcement Grant

BE IT FURTHER RESOLVED, that the Clerk forward three copies of this resolution to the Director of Local Government Services.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

No. 36 Authorizing insertion in the budget the amount of $1,500.00 as an item of revenue in connection with the Pet Life Foundation Grant.

RESOLUTION

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

WHEREAS, N.J.S.A 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget;

WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and

WHEREAS, the Township of Old Bridge received $1,500.00 from the Pet Life Foundation Grant and wishes to amend its SFY 2001 Budget to include this additional amount as a revenue.

Pet Life Foundation

BE IT FURTHER RESOLVED that a like sum of $1,500.00 be and the same is hereby appropriated under the caption of:

Pet Life Foundation

BE IT FURTHER RESOLVED, that the Clerk forward three (3) copies of this resolution to the Director of Local Government Services.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

No. 37 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:

RA35 - Middlesex County Council of PTA's
RA36- Middlesex County Council of PTA's

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

No. 38 Approving New Jersey Transit Lease Modification Agreement.

RESOLUTION

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

WHEREAS, New Jersey Transit leases the Park and Ride facility located at Route 9 and Westminister Road; and

WHEREAS, the lease period has expired; and

WHEREAS, New Jersey Transit has proposed a modification of the lease which would extend the lease period to December 31, 2003;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey hereby agrees to enter into a Lease Modification Agreement with New Jersey Transit (on file with the Township Clerk) which shall extend the lease of the Park and Ride facility located at Route 9 and Westminister Road until December 31, 2003; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign all documents necessary to effectuate this resolution.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

No. 39 Authorizing cancellation of water\sewer charges and tax sale costs on various properties for a total of $3,740.00.

RESOLUTION

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

WHEREAS, the following properties did receive water and sewer charges and tax sale costs when eligible for tax sale, and

WHEREAS, these properties were removed from the tax sale for various reasons.

NOW THEREFORE BE IT RESOLVED, by the Township Council, of the Township of Old Bridge, that the Tax Collector be allowed to cancel these charges from the tax records.

Block Lot Charge Amount Explanation

1003 40 water/sewer 417.58 prior twp lien
1003 40 tax sale costs 115.00 prior twp lien
2076 281 tax sale costs 62.98 bankruptcy
13005 52.12 tax sale costs 33.65 bankruptcy
17002 194 water/sewer 176.57 bankruptcy
19006 3 water/sewer 1,978.12 bankruptcy
26033 1 water/sewer 146.00 bankruptcy
26047 1 water/sewer 297.77 state owned
26047 1 tax sale costs 15.00 state owned
26047 3 water/sewer 167.49 state owned
26047 3 tax sale costs 15.00 state owned
26047 214 water/sewer 131.31 state owned
26047 214 tax sale costs 15.00 state owned
26048 2.11 water/sewer 153.93 state owned
26048 2.11 tax sale costs 15.00 state owned

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

No. 40 Authorizing an emergency appropriation in the amount of $1,300.00 in connection with a Recreation Handicap Grant.

RESOLUTION

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

WHEREAS, an emergency has arisen with respect to a shortfall in Matching Funds for Grants, an no adequate provision was made in the SFY 2001 Budget for the aforesaid purpose, and N.J.S.A. 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned; and

WHEREAS, the total amount of emergency appropriation created including the appropriation to be created by this resolution is $1,300.00 and three percent of the total operation in the budget for the Fiscal Year 2001 is $1,227,685.74.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that in accordance with N.J.S.A. 40A:4-48, an emergency appropriation be and the same is hereby made for Matching Fund for Grants in the aggregate amount of $1,300.00 and that said emergency appropriation shall be provided in full in the SFY 2002 Budget.

BE IT FURTHER RESOLVED that two certified copies of this Resolution will be filed with the Director of Local Government Services.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

No. 41 Requesting permission for the dedication by rider for recreational purposes.

RESOLUTION

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

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

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

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

Councilman Redmond: Please explain this to me.

Mr. Shah: This eliminates the need to budget for a particular amount of money; the amount is controlled by income, i.e., recreation trips, etc.

Councilman Redmond: This is limited to revenue taken in for the trip.

Mr. Shah: All dedicated monies are required to be funded by the source of income for that. If the income is short, it is raised in the budget as deferred charges. We have done this with the public defender costs.

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

No. 42 Supporting the Pension Cost Stabilization Act S-1961 that would cut $150 million from the property tax bills. TABLED

RESOLUTION

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

WHEREAS, the Township is aware that New Jersey citizens deserve more property tax relief and local elected officials must have the tools to stabilize local property tax rates for residents; and

WHEREAS, The Pension Cost Stabilization Act, S-1961, sponsored by Senate President Donald T. DiFrancesco and Senator Robert Littell, calls for the reduction of 2001 municipal contributions to the State Police and Firemen's Retirement System which would cut $150 million in property taxes across the state, without impacting on retiree payouts or benefits; and

WHEREAS, S-1961, provides direct relief to New Jersey residents and enables municipal officials to utilize the necessary tools to provide the highest level of services, while holding down property taxes.

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

1. The Township Council strongly supports the Pension Cost Stabilization Act, S-1961, sponsored by Senate President Donald T. DiFrancesco and Senator Robert Littell and urge the Governor and the Legislature of the State of New Jersey to enact the plan into law without further delay.

2. Duly authenticated copies of this resolution shall be transmitted to the Governor Christie Todd Whitman, Senate President Donald T. DiFrancesco, Senator Robert Littell, Speaker Jack Collins, Majority Leader John O. Bennett, Minority Leader Richard J. Codey, Senator Joseph M. Kyrillos, Jr. and Assembly persons Joseph Azzolina and Samuel D. Thompson.

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

AYES: Councilmen Butler, Redmond, Testino, President Maher.

NAYS: Councilmen Greene, Hoff, Sohor.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

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

Councilman Testino: I see that DiFrancesco is running for office on some of these things that he has put in front of the Senate. I cannot argue with the need for tax relief and local officials needing help from the state. I amend this resolution to say that if this is state mandated, it should be state paid and not in the format that Senate President Donald DiFrancesco has sent out for all the municipalities to adopt. I suppose we shall be calling him "governor". He is starting his campaign by asking us to join in. This resolution has nothing to it. There is a surplus in the pension fund, and we have been paying into this for years above what we should have been, and this credit should come back to the municipalities. I argue with this resolution which should have an added paragraph that if this is state mandated, the state should pay. I thought that DiFrancesco was pressing his agenda for the upcoming election.

Mayor Cannon: Why don't you just deal with the issue and not the politics?

Councilman Testino: I don't have a copy of the bill. I have no problem supporting a bill, but I would like to read it first.

Councilman Redmond: Is the League of Municipalities supporting this bill?

Councilman Greene: Please clarify what Councilman Testino wants to add.

Councilman Testino: There are many things the state requires of municipalities, and they throw the burden to pay on us. We all want tax relief, but if they are going to mandate us to collect the pensions, let the state contribute or pay for it.

Councilman Greene: I do agree with you, but don't understand what this has to do with the bill.

Councilman Testino: There is a surplus in the pension fund which they want to send back to the municipalities in the form of reduction of future collections. That would free up money in our general budgeting operation in years to come. That does not mean that there is direct tax relief unless this council agrees that the tax credits goes straight in the form of a reduction by the amount that we don't have to collect for the pensions. We will have more money available to us.

Councilman Greene: If that relieves us of money . . .

Councilman Testino: I agree with that, but generally the programs mandated by the state have not been funded by them.

President Maher: I move to table until the council sees a copy of Senate Bill 1961.

No. 43 Authorizing emergency appropriation in the amount of $260,000 for snow removal.

RESOLUTION

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

WHEREAS, an emergency has arisen with respect to a shortfall in Snow Removal due unforeseen and excessive snow storms, and no adequate provision was made in the SFY 2001 Budget for the aforesaid purpose and N.J.S.A. 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned; and

WHEREAS, the total amount of emergency appropriation created including the appropriation to be created by this resolution is $261,300.00 and three percent of the total operation in the budget for the Fiscal Year 2001 is $1,227,685.74.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that in accordance with N.J.S.A. 40A:4-48, an emergency appropriation be and the same is hereby made for Snow Removal in the aggregate amount of $260,000.00 ($30,000 for Salaries & Wages and $230,000.00 Other Expenses) and that said emergency appropriation shall be provided in full in the SFY 2002 Budget.

BE IT FURTHER RESOLVED that two certified copies of this Resolution will be filed with the Director of Local Government Services.

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

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

NAYS: Councilman Sohor.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

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

Councilman Testino: I don't know how much of the overtime amount was for the snow, and I don't know how much salt or contractor money we are going to need. I would like a report.

Mr. Shah: There is a breakdown from Rocky as to the cost of the material and outside contractors which is our largest cost. This snow wiped out our snow budget.

Councilman Testino: The current expenditures are $129,000 for the last snowfall.

Mr. Shah: We still have not gotten the costs from public safety and the recreation department. If there is an unexpended balance, we will cancel it at year end.

Councilman Testino: Do we need to get the parks and police estimate on what they are doing? You may have to come back.

President Maher: We are adding $160,000 to the $150,000 we have budgeted already.

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

No. 44 Commending Ludwig Sylvestri for his years of service to the Raritan Bay Cougars Association.

RESOLUTION

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

WHEREAS, the Township Council does hereby recognize Ludwig Sylvestri for his eighteen years as President and six years as Vice President and Field Manager of the Raritan Bay Cougars; and

WHEREAS, Ludwig Sylvestri has generously donated his time and efforts to the children of the community; and

WHEREAS, Ludwig Sylvestri has always demonstrated good sportsmanship and conduct and is respected and admired by his peers.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that Ludwig Sylvestri is hereby commended and congratulated for his exemplary years of volunteer service.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

Ordinance for First Reading. TABLED

Township of Old Bridge

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

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

SECTION 1: PURPOSE

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

SECTION 2: AMENDMENTS

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

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

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

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

SECTION 3: INCONSISTENT ORDINANCES

All ordinance or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency.

SECTION 4: PARTIAL INVALIDITY

If any section, paragraph, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged and the remainder of the ordinance shall be deemed valid and effective.

SECTION 5: EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to N.J.S.A. 40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set forth at N.J.S.A. 40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Council vote in favor of such resolution.

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

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

NAYS: Councilman Redmond, President Maher.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

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

Mayor Cannon: Do you intend to address this again? We have already had a workshop, and Mr. Rizzo is in attendance tonight.

President Maher: We will put this on for the next meeting to see if we can get a vote on this.

Councilman Sohor: I thought we just voted on the taxi cab ordinance. I change my vote to "no".

Councilman Greene: I would like to change my vote also.

Attorney Ruggierio: There must be a motion to reconsider. Some of the members of council misunderstood what they were voting on. It would be appropriate to have a person on the prevailing side move to reconsider.

Township of Old Bridge

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

Motion

to reconsider the vote made by Councilman Sohor, seconded by Councilman Greene and so denied on the following roll call vote:

AYES: Councilmen Greene, Redmond, Sohor.

NAYS: Councilmen Butler, Hoff, Testino, President Maher.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

Discussion Ordinance

1. Substituting Taxicab Licenses

Motion

to carry this ordinance to the Township Council meeting scheduled for January 16, 2001 made by Councilman Greene, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

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

Councilman Sohor: It appears there are a lot of questions on this ordinance.

Councilman Testino: I will serve with Mr. Sohor.

Councilman Greene: It would be a good idea for a workshop.

President Maher: Would the Clerk schedule a workshop for the taxi ordinance?

2. Acquisition of Land - Cedar Ridge Woodland Trails. TABLED

Councilman Sohor: This property still has not been given approvals by the planning board, although the process is moving further along. This property was deemed as the No. 1 on the wish list of properties to acquire to add to our open space inventory. We are finding more reasons than originally thought to acquire this property. This property is important because of aquifer recharge and retention of surface waters. The property contains the last cedar swamp, a unique ecological feature. If this property is developed, we would be adding a traffic burden to Ticetown Road. Marlboro is looking to develop across from this property, and there is an active contingent from Marlboro attempting to stop this development. If we add a few hundred more homes, the traffic on Ticetown Road will be intolerable. There will be pressure to build Highpointe Way through Highpointe. If the Hovnanian project is started, this will allow additional traffic through Country Place and Lakeridge West. One of the arguments is that the asking price for the property is astronomical especially in light of the certified appraisals we have received for this property. I believe that the asking price by the owner is no where near reasonable. I believe that the certified green acres appraisers are closer to the real price for this property. We have already received commitments of money from the state and county, and we are going to ask them to fund extra money.

There is a discussion resolution which ties in to this ordinance. We have 500 acres of O&Y property that we purchased at a good price. We are holding that for economic development. It appears that we will start developing this property. The land is worth much, much more than you know. There is a profit for us. I suggest that we adopt a resolution committing the profits from the sales of the O&Y property to our open space fund which could be used to offset funds required to acquire the Cedar Ridge II property or any other open space properties. I ask that you rethink your positions. We have the additional open space tax passed this year. If we sell tracts off the O&Y tract, we will have more than sufficient funds to continue to acquire other properties.

President Maher: We bonded for the O&Y property.

Councilman Sohor: The $3 million in bonds would need to be paid off. If we used the same multiplier of the owner of Cedar Ridge II is asking, the O&Y property has to be worth over $30 million - enough profit to pay the overly inflated price for the Cedar Ridge property and leaving millions to pay for other property. I anticipate that as we sell that property off for commercial development, there will be millions of dollars coming to us. There is continued residents' concern that we should keep that property as open space. While I would like to see as much open space preserved as possible, this land is well suited for commercial use. We should take the profit from that sale and reserve them to commit them to purchasing open space to replace whatever we develop commercially there.

President Maher: What is the status of the meetings you have held with the owner/developer of this property?

Mayor Cannon: We are quite far apart. We are trying to put together a package to come in near the appraisal price. The developer is asking for more than twice the appraised value and what the township has with the state and county dollars. I am visiting with the green acres people to try to get a commitment of additional monies. Our plan was to do 4 and 4 from each entity. We left it that if we could get a commitment for more money, we would be back. The only other compromise they can come up with is to do a combination of open space allowing them to build and yet preserve open space. The numbers for the building is too high.

Councilman Redmond: The problem we have with that scenario is this would cut down the number of acres available for open space money which would cut down the amount of open space money.

Councilman Hoff: Were you in favor of a condemnation proceeding?

Mayor Cannon: We have to let them know that we are serious.

Councilman Hoff: Once we win the proceeding, we have to put up or shut up. This is a legal step forward; where do you stop?

Mayor Cannon: We would rely on our attorney's advice.

Councilman Hoff: Mr. Sohor's is fuzzy math. I want to see more numbers.

Mayor Cannon: The open space committee with the consensus of council agreed that this was a priority on the list of lands that we were looking to attain. This one has the threat of development. We have the backing of the elected officials. We need whatever leverage we can to make this happen. We need these dollars now.

Councilman Testino: We don't have the commitment from the other bodies. Do we commit for the $16 million if the other bodies don't come up with it? Is that what you are recommending?

Mayor Cannon: I don't know where you got that number from.

Councilman Butler: The number is $14 million.

Councilman Testino: The size of the commitment is so great that I think that Mr. Hoff's caution is well headed. I would like to see a report from Mr. Shah if we are borrowing from pieces of land that we own for other pieces of land that we are going to acquire. I don't know how good a financial plan that is, but if we do file the condemnation, and if the dollars come out any where above that, we are in deep decision making times, and we are not going to have many ways out. You have heard from Mr. Sohor that the appraisals are reasonable. Are you willing to tell us that we are not in a position of jeopardy.

Attorney Ruggierio: I cannot tell you the outcome of legal proceedings before they begin.

Councilman Testino: You have given us opinions in the past, i.e., in front of the jury and its impact. You had cautions in the past.

Attorney Ruggierio: I cannot predict the outcome of legal proceedings which become more dangerous when there is a jury involved. A judge would apply legal training to his thinking; a jury may apply other factors. In this circumstances, I cannot tell you that if we went through a legal proceeding with a jury, we would not have an outcome that was negative from our standpoint. On the other hand, it is just like buying anything else. In this case, we have the power to acquire it, but we are stuck with a third party telling us what this is worth. I think this is dangerous. You have the ability to abandon your proceedings, but you would wind up with a circumstance during which you would have to pay the rental price of this property. You would have liability for starting and abandoning the proceedings.

Councilman Testino: When do we start kicking in on the liability? Is it when you pass the ordinance or when you file the Notice of Taking?

Attorney Ruggierio: It could be any of those acts that cause that to occur, but in this case it is a little complicated because the developer is not going to stop pursuing its approval.

Councilman Testino: Doesn't passing the ordinance affect his ability to sell the property?

Attorney Ruggierio: This is a factual question whether or not he could prove to the satisfaction of a condemnation or damage proceeding that the passing of the ordinance has in some way impeded willing buyers and sellers. In a property that is going to be developed there is investigation and engineering that goes into a decision by a sophisticated buyer of a piece of development property to buy the property, and it is unlikely under the circumstances that you gave that there was an ordinance passed that someone would put up that kind of money to buy the property. This could be credibly argued that the mere passing of the ordinance would impede the salability of the property.

Councilman Testino: What would happen if this person were to obtain financing on this property, and we passed the ordinance?

Attorney Ruggierio: Only municipalities can obtain a mortgage on vacant land.

Councilman Testino: What about if he wanted to collateralize other things and the ordinance is pending, doesn't that prohibit him from obtaining financing?

Attorney Ruggierio: He would want funding for the infrastructure that would be installed. Under those circumstances a lender would have to be satisfied that the developer was going forward with the development. Under those circumstances the banks would insist on certain indications from the town that permits could be issued. I have a feeling that it is not a great a concern about the mortgage side of it as it would be for the salability.

Councilman Sohor: Couldn't we get the property at the appraised value?

Councilman Testino: How much of a commitment is this above and beyond? Are we willing to make the kind of commitment that could come out at the end of this venture? I want this property, but if we don't have a willing seller, we are taking on a lot of responsibility. Condemnation procedures are unpopular with juries because people don't like the idea of property being taken by the government. It is an argument to make to the jury that you are depriving people of property. The outside number is the one he is asking. If we can add all the sources and come up with this thing, I will vote for this tonight, but there are too many holes.

Councilman Greene: The township became involved with this purchase of this property at a late date so that the developer was able to position himself in a very enviable position. He wants quite a bit more than the property is worth, and at some point we are going to have to make a decision whether we should fold on this or go forward. I don't want to be in a position where I am strapping the residents of Old Bridge with a $14 million purchase price for this.

I agree to a point with what Mr. Sohor said. I am in no position to bargain with that property. The planning board just declared that to be a redevelopment area. We are a long way off from developing this. I would rather have that property remain as open space. It may make sense to fold on Cedar Ridge II and keep the O&Y.

Councilman Butler: The owner spoke in terms of $14 million. My impression was that the owner was not going to come back and sit down for what the appraised value was ($5.2 million). My impression was that we had to come up with more money. If this goes before a jury, would the court appoint an appraiser?

Attorney Ruggierio: You have an analysis by three commissioners appointed by the assignment judge in the county, one of which is always an appraiser who understands real estate. There is a formal presentation of evidence. There is a decision made by those commissioners. Either party (the town or the owner) can appeal to the court to request a jury trial.

Councilman Hoff: We are all aware of the fact that we don't have the money or a commitment from the county or state to buy this land. I don't believe that we have a right to bond for future generations on a speculation property. We should table this.

Mayor Cannon: This has been a long time commitment. We submitted a list to the county about five years ago. When they established their open space fund, they asked all the municipalities to prioritize land they wanted the county to evaluate for acquisition. Number one on that list was Cedar Ridge. It is not that we had to sit back and not take any action. We hoped that the county was sincere in their commitment to fund projects in Old Bridge. They indicated that the dollars they put toward O&Y were to suffice for Old Bridge for the time being even though they received their money from Green Acres. We have been pushing with the county for four years. Thanks to Larry Redmond and Reggie Butler we received a $2 million commitment. This has been on going.

Councilman Greene: The point I was trying to make was that the developer was able to move along with his plans to come to the township. He presented a plan which was approved.

Mayor Cannon: The plan has not been approved. He has been before the Planning Board with a number of plans.

Councilman Testino: Neither of the state agencies will buy at any price, and neither should we. We should buy it at a price we can afford.

President Maher: This is a poker game, and we need to ante up. We have had two recently state certified appraisals. There are plans for a school expansion which makes the acquisition of this property more critical. The Board of Education is talking about a single campus at Old Bridge East campus. I am ready to move forward and plan to vote against the table. I support Mr. Sohor; I like his idea. Once we pay off the bonding for the O&Y property, we can pay off this property. We need to send a message that Old Bridge is serious.

Motion

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

AYES: Councilmen Butler, Greene, Hoff, Redmond, Testino.

NAYS: Councilman Sohor, President Maher.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

Appointment.

1. PACO Officer

Ms. Shepler: This is the Public Agency Compliance Officer which is an annual appointment whereby I have to certify that when we do public works projects the vendors are in compliance with the prevailing wage laws. This carries no additional stipend, but subjects me to a review by the state. I have done this consistently over the past several years.

No. 45

RESOLUTION

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

Alayne Shepler is hereby appointed Public Agency Compliance Officer for the Township of Old Bridge for a one-year term commencing January 1, 2001.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

Discussion.

4. Old Bridge Skate Park.

Mr. Badcock: We have discussed charging a fee to offset some of the costs of the operation of the skate park, i.e., to pay the special police officer on duty and to limit the usage by out of towners. I propose an annual fee of $50 for residents; $100 for non residents allowable under the Green Acres legislation. As a basis for comparison, for a child to go to a private skate park, there is a $10 admission for two to three hours.

President Maher: We will use the same system we use for the ice arena.

Mr. Badcock: A non-resident would also have to pay for an color coded, dated identification card which would be free for a resident.

Councilman Hoff: Have you discussed this with any of the families whose children use this?

Mr. Badcock: I am recommending this as a way of controlling the out of town traffic. You can set any fee you want, but the out of town fee can only be double the in town fee. If the in town fee is zero, you cannot set any out of town fee.

Councilman Hoff: I think the fee should be set for $25 for in town; anything higher may be a hardship for many families.

President Maher: I suggest bringing this to the recreation committee.

Mr. Badcock: I know what the parks charge; the recreation committee does not.

President Maher: Please present this to the recreation committee asking for their input.

Mr. Badcock: I will propose this to them on the last Wednesday of this month, and will give the council their input.

Councilman Hoff: This seems like a good idea, and I support it.

Councilman Testino: I commend everyone for trying to control potential problems, but I want to keep the kids busy. If we are making it harder for them to use the park, we may make it easier for them to use drugs or turn back to the parking lot.

Councilman Redmond: Many of us came from large families. If you charge for each child, that could be a considerable amount. I suggest a family rate.

President Maher: I believe that we could implement that.

Mr. Badcock: That would be a good thing to do.

Set Date.

1. Release/Reduction Performance Guarantee - Bridgepointe Development - Monday, February 26, 2001.

No Discussion.

2. Release/Reduction Performance Guarantee - Deer Run Monday, March 26, 2001 (builder's request).

No Discussion.

Unfinished Business.

Councilman Hoff: I suggest that the council appoint a committee to design a plaque for the municipal building with respect to its renaming to honor Thomas English. We have an obligation to his family.

Mayor Cannon: Ms. English spoke to Alayne Shepler to set a date for the dedication and to express the family's wishes with respect to the plaque. We will be changing the lettering on the building. Alayne will forward a letter to council.

With respect to the fee for the skate park, it was never the intention of the administration to charge a fee even when we realized that we would have to have a special police person there to monitor the park. We wanted this used primarily by Old Bridge residents because it is their tax dollars which constructed this. Whatever number you come up with is fine.

Councilman Testino: I have a resume from Colleen Flynn-Antonis for the appointment to the Housing Authority.

Mayor Cannon: The administration never saw that.

President Maher: Put this on for the next meeting.

Executive Session (10:01 p.m.)

No. 46

RESOLUTION

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

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

Cable Television Negotiations

Birch Hill Liquor License Status

Possible Settlement with Perth Amboy

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

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

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio.

Combined Meeting resumes at 10:30 p.m.

Motion

to adjourn at 10:35 p.m. made by Councilman Redmond, seconded by Councilman Sohor and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Cucchiara, Councilwoman Marinaccio

Dennis M. Maher, President

Rose-Marie Saracino, Township Clerk

Distributed: