Old Bridge Township, New Jersey - February 25, 2002 Minutes

A Regular meeting of the Township Council of the Township of Old Bridge was held on February 25, 2002 in the Municipal Complex. The meeting was called to order by President Butler who asked all present to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places. The next meeting will be March 4, 2002 at 8:00 p.m.

Roll call at 8:02 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

CERTIFICATE OF EXCELLENCE

Old Bridge High School Boys & Girls Cross Country Champions.

Mayor Cannon presents certificates of excellence to the Boys Cross County Champions as follows:

Dan Harding, Mike Simonetti, Paul Burke, Angad (Money) Hira, Justin Marquez, Eric Marquez, Tim Paule, Brett McInerney, Eddie Jimenez, Ryan Quiros, Rich LaFergola, Matt Sperber, Ryan Bennet

Mayor Cannon presents certificates of excellence to the Girls Cross County Champions as follows:

Kaitlyn Regan, Christina Donatiello, Betty Shabat, Stephanie Zottoli, Linda Sanders, Erin Lehay, Shannon Robinson, Mara McInerney, Coach Walt Miller, Heather Orsoe, Danielle Haggiag, Lorraine Spinelli

BILL LIST

RESOLUTION #109-02

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 February 25, 2002 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 February 25, 2002 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 $25,202,780.07 (Accounts Payable)

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

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

BILL LIST

RESOLUTION #110-02

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

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

BILL LIST

RESOLUTION #111-02 DENIED

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 Baker, seconded by President Butler and so denied on the following roll call vote:

AYES: Councilmen Baker, Calogera, Redmond, President Butler.

NAYS: Councilmen Greene, Hoff, Maher, Testino, Councilwoman Panos.

Prior to the vote the following discussion took place

Councilman Redmond: I would like Bill to explain what happens when we deny this because they have already been paid.

Attorney Ruggierio: State law requires that the Township Council approve or disapprove all claims. It has become a tradition that there are votes not to approve overtime, we have indicated in the past that we would suffer court costs and fair labor standard acts damages if we didn't pay this money. I guess that by the council doing this, they put the administration in a catch 22, they either violate one law or another. I don't know how to get us out of this conundrum.

Report of the Attorney

Attorney Ruggierio: Last we week we were consumed with supplying to the County the legal details that they needed in order to authorize the payment of the $2,000,000.00. I would like to report that the money was received last week; this is in connection with Woodland Trails.

Judge Wolfson has taken a position in the Attorney General's office and his cases will be transferred to other judges. Judge Galotti will handle the Brunetti/town center matter. We have a mediation in 2 weeks on this with a court appointed planner.

At the urging of Councilman Calogera, I drew up a preliminary agreement for the Raceway Park/Harley Davidson event. I circulated this to the Mayor, Council and Police. Today we received a response from Mr. Heilbrunn listing differences and at some point I will need guidance concerning these differences.

Councilman Baker: Did we tie your hands in such a way that you cannot get this accomplished between the attorneys? Raceway Park has been in Old Bridge for a long time and we want to support their efforts and the police have said they want to support them. Have we done something that prevents you from getting this done?

Attorney Ruggierio: What I heard from the council were a lot of concerns and I had to follow through and represent those concerns. I think that it is up to the council to take a look at these issues and if you feel that some of the issues are pushing too hard, then you should tell me. It seems reasonable to me, if someone was to say that Raceway Park routinely has gatherings this large and that these provisions are overkill I will accept your assessment of it, you are the council people.

Councilman Baker: I would just urge you to get it done.

Councilman Hoff: Have we done all we can about Runyon Water Shed?

Attorney Ruggierio: I have addressed this in the past and I don't know of any basis upon which we could act. There is really not an assessment issue that can be pursued.

Councilman Hoff: Can we assess them based on the profit that they made?

Attorney Ruggierio: This is one area that is very complex and this deals with an assessment to be placed on a utility and a municipal one to boot. I would rely on Mr. Haushalter (our tax counsel) I will be happy to have him give you something in writing that gives you more detail. From speaking to him I do not see any basis for an assessment approach that is consistent with what you are requesting.

MOTION

to accept the report of the attorney by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

Preliminary Public Comments

Camillo Vitale: There was an article in the Suburban that refers to the Old Bridge Police captain alleging stupidity or conspiracy on the part of Mayor. The captain was wrong in his figures and theory that this would save the township money. As a union man from NYC, we signed away our rights to night differential and what we received was an earlier shift, so that we could get out of the city. The union was smarter than the officials, they waited ten years and when the city decided to take our early shift away because it was convenient for them, our union sued the city for all the night differential back and we received it back because state law requires that no man, union official or city official could sign away a state law. By the mayor using the word illegal, she is right and wrong. Right that is it illegal and wrong that no one goes to jail for it, usually the taxpayer suffers the consequences because you have to pay all the back night pay. If you did this, you may save money now but in the long run it will cost you. There was talk of hiring twelve police officers, when I was on the council, I brought up hiring park police on a seasonal basis, that would save the township money.

Rao: I would like to know the cost of the Library and all the repairs to it.

President Butler: We have set up a committee to look into this and they will report back to the council.

HEARINGS

Release/Reduction Performance Guarantee - Deer Run Estates (Attorney requests postponement-New Date: Monday, June 24, 2002 at 8:00 pm) Re-Notice & Re-Publication Required

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 6-02

ORDINANCE AMENDING OLD BRIDGE LAND DEVELOPMENT CODE WITH RESPECT TO ESCROW DEPOSITS
FOR REVIEW OF PLANNED DEVELOPMENT APPLICATIONS

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

The purpose of this Ordinance is to amend section 12-2B(1) of the Old Bridge Land Development Ordinance to revise the amounts of escrow deposits for review of planned development applications.

SECTION 2: AMENDMENT

Section 12-2B(1) of the Land Development Ordinance of the Township of Old Bridge is amended by substitution with the following language:

1. Any applicant for development shall post the following initial sums to be held in escrow:

Type of Development Application Professional Review Escrow Fee

a. MINOR SUBDIVISION $500.00 per lot

b. MAJOR SUBDIVISION

Preliminary

(I) 1 to 50 lots $2,500.00 (1^st lot) + $100.00 each additional lot up to 50

(ii) 51 to 250 lots + $75.00 each additional lot over 50 up to 250 lots

(iii) over 250 lots for all additional lots above 250, $50 per lot
Final

(I) 1 to 50 lots $1,250.00 (1^st lot) + $50.00 each additional lot

(ii) 51 to 250 lots + $37.50 each additional lot over 50

(iii) over 250 lots + $25.00 each additional lot over 250

c. MINOR SITE PLAN

Fee for Minor Site Plan: $1,000.00

d. MAJOR SITE PLAN

Residential - preliminary $2,500.00 (1^st unit) + plus $100.00 each additional unit

Residential - final $2,500.00 (1^st unit) + $50.00 each additional unit

Non-Residential - preliminary

(I) Less than 1,001 square feet $3,500.00

(ii) 1002 - 5,001 square feet $4,000.00

(iii) 5002 - 10,001 square feet $5,000.00

(iv) More than 10,001 square feet $7,500.00

Nonresidential - final $3,000.00

General Development Plan as per 1. Less than 100 acres . . . . . $5,000.00

N.J.S.A. 40:55D-45.1 2. 100 acres - 1,000 acres . . . $7,500.00

3. 1001 acres - greater . . . . . $10,000.00

Application to revise or amend $5,000.00

General Development Plan

e. PLANNING PERMITS $1,500.00 (Pursuant to N.J.S.A. 40:55D-34 And N.J.S.A. 40:55D-35)

f. APPEAL $1,500.00 (As set forth in N.J.S.A. 40:55D-39a, Appeal from Administrative Official or Agency)

g. INTERPRETATION $1,000.00 (Pursuant to N.J.S.A. 40:55D-70b)

h. CONCEPTUAL REVIEW BEFORE PLANNING BOARD:

(I) Proposed small scale $1,500.00 development (Less than 10 acres)

(ii) Proposed large scale $3,000.00 development (More than 10 acres)

I. YARD AND BULK VARIANCES

(Pursuant to N.J.S.A. 40:55D-70c)

(I) Lot variance $500.00 (Application involving only one lot occupied or to be occupied by only one single family dwelling)

(ii) Application by single or two $0.00 family homeowner of single lot or bulk variance (Homeowner application involving remodeling, deck, pool, or expansion of existing home)

j. USE VARIANCE

(I) D variance for floor area ratio, height and/or density for a single building $750.00

(ii) all other variances sought under N.J.S.A. 40:55D-70d) $2,000.00

k. RE-SUBMISSION OF PLANS 30% of original escrow fees (required for all applications)

l. INFORMAL TECHNICAL REVIEW - PREAPPLICATION:

Unless waived by administrative officer, escrow fees will be posted as follows:

(I) Proposed small scale $1,500.00 development (Less than 10 acres)

(ii) Proposed large scale $3,000.00 development (More than 10 acres)

m. SPECIAL MEETING FEE:

If the applicant requests a special meeting to be scheduled for consideration of an application and the board grants such request, the following additional amount shall be deposited to escrow as a condition for holding the said meeting:

For each special meeting to be deposited within twenty-four (24) hours of the granting of the request .................................................$1,500.00

SECTION 3: APPLICATION FEES

Application fees for land use applications are hereby amended as follows:

A. Generally

Every application for development, application for a land disturbance permit or application for a sign permit shall be accompanied by a check made payable to the Township for the application fees set forth below. Such fees are required to cover the cost of administering and processing the review procedures. An applicant seeking more than one type of approval in an application for development shall pay an aggregate fee equal to the total of all fees or each separate approval requested. Separate fees shall be payable for use variances and bulk variances.

B. Subdivisions

1. Residential

a. Minor Subdivision $500 plus $45 per lot

b. Major Subdivision

(1) Preliminary Approval $500 plus $45 per lot

(2) Final Approval $500 plus $33 per lot

2. Nonresidential

a. Minor Subdivision* $500 plus $110 acre or portion thereof

*In the case of a minor subdivision wherein one or two lots are to be subdivided out of a much larger tract such that the area of the created lot(s) is less than or equal to 25% of the total tract area, the area for fee calculation purposes shall be taken as 1-1/2 times the area of the created lot(s).

b. Major Subdivision

(1) Preliminary Approval $500 plus $110 per acre or portion thereof

(2) Final Approval $500 plus $55 per acre or portion thereof

C. Site Plans

1. Residential

a. Minor Site Plan* $500 plus $50 per acre or portion thereof

b. Major Site Plan

(1) Preliminary Approval $500 plus $45 per dwelling unit

(2) Final Approval $500 plus $33 per dwelling unit

c. Nonresidential

d. Minor Site Plan* $500 plus $75 per acre or portion thereof

e. Major Site Plan

(1) Preliminary Approval $500 plus $110 per acre and $.02 per square foot of Gross Floor Area

(2) Final Approval $500 plus $55 per acre and $.02 per square foot of Gross Floor Area

*In the case of a minor site plan or preliminary or final approval of a major site plan wherein the portion of the lot/tract which is the subject of the application is less than or equal to 25% of the total lot/tract area, the land area (acres) for fee calculation purposes shall be taken as 1-1/2 times the land area of the subject portion.

D. General Development Plan

$500 plus $30 per dwelling unit plus $.02 per square foot of non-residential Gross Floor Area

E. Variances

1. Appeals $150

(40:55D-70(a))

2. Interpretation $150

(40:55D-70(b))

3. Bulk $150

(40:55D-70(c))

4. Use $365

(40:55D-70(d))

5. Permit $150

(40:55D-34 & 36)

F. Conditional Use Permits See Site Plan Fees (40:55D-67)

G. Appeals to Governing Body $365

H. Certificate of Approval Exempt Subdivision $50, $25 for recertification

I. Land Disturbance Permit $50 plus $10 for each 100 acres in excess of the first 10 acres

J. Sign Permit $22.00 per sign plus annual renewal fee of $22.00 per sign

K. Notice of Decision $20.00 (other than applicant)

L. Concept Plan $500 plus $30 per lot (credited towards or $55 per acre or review fees of the portion thereof same application whichever is the greater for development)

M. Photocopying Charges

1. Public Records.

First page to tenth page $.75 per page. Eleventh page to twentieth page $.50 per page. All pages over twenty $.25 per page. The above rates shall apply unless otherwise set by law.

If the Director of the Department of Community Development or his designee find that there is no risk of damage or mutilation of such records and that it would not be incompatible with the economic and efficient operation of the office and the transaction of public business therein, he may permit any citizen who is seeking to copy more than 100 pages of records to use his own photographic process, approved by the Director of the Department of Community Development or his designee, upon the payment of a reasonable fee, considering the equipment and time involved, to be fixed by the Director of the Department of Community Development or his designee of not less than $10.00 or more than $50.00 per day.

SECTION 4: INCONSISTENT ORDINANCES

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

SECTION 5: 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 shall be deemed valid and effective.

SECTION 6: 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 NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 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 NJSA 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 by Councilman Hoff, seconded by Councilman Calogera and so ordered on the following roll call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE 7-02

BOND ORDINANCE AUTHORIZING THE RESURFACING OF THE INVERNESS COMMUTER PARKING LOT IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $400,000 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $400,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:

Section 1. The purposes described in Section 7 hereof are hereby authorized as general improvements to be made or acquired by the Township of Old Bridge, County of Middlesex, New Jersey ("Township").

Section 2. It is hereby found, determined and declared as follows:

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $400,000.00; and

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $400,000.00

Section 3. The sum of $400,000.00 to be raised by the issuance of bonds or bond anticipation notes, is hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $400,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $400,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $35,000.

Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:

	Purpose/Improvement	Estimated Total Cost	Down Payment	Amount of Obligations	Period of Usefulness
A.	Resurfacing of and Related Improvement to the Inverness Commuter Parking Lot. Together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto.	$400,000	$0	$400,000	5 years

Section 8. Grants and or other funds received from any governmental or private entity will be applied to the payment of, or repayment of obligations issued to finance, the costs of improvements described in Section 7 above.

Section 9. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $400,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 10. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Township shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 11. The dedicated Parking Utility Fund Budget of the Township is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended dedicated Parking Utility Fund Budget and Parking Utility Fund Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 12. The Township hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Township prior to the issuance of such bonds or bond anticipation notes.

Section 13. The Township hereby covenants as follows:

(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by the Bond Ordinance is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;

(b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder;

(c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes;

(d) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 14. The improvements authorized hereby are not current expenses and are improvements that the Township may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 15. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 16. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ORDINANCE FOR FIRST READING

Ordinance - Globespan Tax Abatement

President Butler: This is being removed because we do not have an ordinance.

Consent Agenda

RESOLUTION AGREEING TO THE INSTALLATION OF A TRAFFIC SIGNAL AT ROUTE 9 AND INVERNESS DRIVE

RESOLUTION #112-02 TABLE

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

WHEREAS, the New Jersey Department of Transportation has investigated the need for traffic control signals at the Route 9 and Inverness Drive intersection; and

WHEREAS, the DOT is recommending that a mid-block traffic control signal be installed at the Route 9 and Inverness Drive intersection to assist pedestrians; and

WHEREAS, the DOT has notified the Township that the Township will be required to pat the monthly electrical operating costs for the traffic signal.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township Council hereby agrees to the installation of a traffic signal at Route 9 and Inverness Drive; and

BE IT FURTHER RESOLVED that the Township agrees to pay the monthly electrical operating costs which will be approximately $80.00 per month.

Moved by Councilman Testino, seconded by Councilman Redmond and so TABLED on the following rolled call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

President Butler opened the public portion.

Captain Cerra: There has been correspondence that concern this issue and there is a meeting on Thursday night. I met with the engineer today and the Police Department does not support this. There was a report submitted to the Mayor on February 7^th. We do not believe that a traffic light between two existing lights would be safe. We have alternatives that we would like to propose and we think that this should be put off for now until we can discuss this.

Councilman Redmond: I thought it was just a button that stopped the other two lights, not a traffic light.

MOTION

Moved to TABLE Traffic Signal at Inverness Road and Route 9 by Councilman Maher, seconded by Councilman Maher and so denied on the following roll call vote:

AYES: Councilmen Hoff, Maher, Redmond.

NAYS: Councilmen Baker, Calogera, Greene, Testino, Councilwoman Panos, President Butler.

Subsequent the vote on the following discussion took place

Millicent McGovern; 9 Glen Oaks Court: The Inverness bus stop has been in existence for over 20 years and the police department has never said anything and now they want us to get off at another bus stop and walk back to Inverness. We are just asking for the same thing as other bus stop in town, we just want a remote control button. I think that we have enough representation here.

President Butler: I think that you should be involved in any meetings that take place on this.

Ms. McGovern: We have spent hours meeting on this and the DOT agrees that this is the proper thing to do.

Anthony Teserio, 5 Nathan Drive: There is no where to walk if we were to get off on Cindy Street or Ferry Road, there are no sidewalks. It is too dangerous. The Cindy Street light is only 25 seconds and you cannot make it across the street.

Councilman Testino: I think that we need to hear what the police have to say.

Mr. Teserio: Why did they wait until now to say something?

Councilman Testino: We already passed a resolution to the DOT to put a light in.

Debra DiBenidict: One of the alternatives from the police is to install another traffic signal, they wanted to come to the council first. All we want is a delay signal.

Councilman Testino: Have you met with the police department?

Ms. DiBenidict: No.

Councilman Testino: How do you know what they are proposing?

Ms. DiBenidict: We saw their letters. Their alternative is not what we are asking for.

Councilman Redmond: You want a button that stops the other traffic lights but my understanding is that we a getting a traffic light.

Ms. Shepler: It is a traffic light, it will stay green until the button is pressed.

Councilman Redmond: Where will it be located?

Ms. Shepler: On Inverness, there will be three signals.

Ms. McGovern: All we want is a remote control button, like at Cindy Street. We just want to hold the light at Cindy Street for sixty seconds as opposed to 15 seconds.

Councilman Redmond: They are giving you an extra traffic light.

Ms. McGovern: No, they aren't.

Councilman Redmond: Yes they are.

Ms. McGovern: The police department is proposing that you eliminate the bus stop.

Mayor Cannon: This committee has been going back and forth for a couple of years, we have put every suggestion on the table; an overpass, sidewalks and they have been rejected by the DOT; the DOT suggested fencing down the divider so that no one could cross Route 9. The only suggestion that they agreed to was this remote control light.

Councilman Testino: Is that a reason not to meet with the police department?

Mayor Cannon: No, but this committee has been corresponding on all these suggestions with the DOT.

Councilman Testino: Our professionals are asking for a meeting and if someone gets killed and we don't do what they recommending we will be sorry.

Mayor Cannon: You have people for 25 years running across the street.

President Butler: There is a meeting on Thursday and I invite these commuters to the meeting.

Councilman Calogera: I would like this on the next agenda.

Ms. McGovern: Is there any member of this council that would like to follow in our foot steps and cross that street at rush hour.

Councilman Calogera: I think that we need another traffic light there and I would like to go with the DOT's suggestion. I think that we should also have some input from our police department and then bring this back before the council as soon as possible.

Ms. McGovern: We are very upset that the police department has not cooperated with us as we believe they should.

Councilman Calogera: I am sorry for that.

President Butler: This will be on the next agenda and we will discuss it further.

Mr. Watkins: Didn't we just authorize $400,000.00 to pave the parking lot that we are talking about?

President Butler: It was only for first reading.

RESOLUTION AUTHORIZING PAY OUT OF ACCUMULATED TIME - JACK SANCHEZ

RESOLUTION #113-02

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

WHEREAS, the Township Council of the Township of Old Bridge has a policy which requires the Township Council's authorization of any pay out of accumulated time, $5,000.00 or greater, to be authorized by resolution; and

WHEREAS, due to retirement from his position at the Township, Jack Sanchez is entitled to a pay out of his accumulated vacation and compensatory time; and

WHEREAS, the Township Council wishes to authorize such pay out.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that a lump sum pay out of accumulated time is hereby authorized to be paid to Jack Sanchez in the amount of $24,469.12.

Sick (95.12) $19,218.62

Vacation (10 days) $4,773.18

Floating Holiday (2) 477.32

TOTAL $24,469.12

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

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

CANCEL ERRONEOUSLY SOLD TAX CERTIFICATE

RESOLUTION #114-02

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

WHEREAS, the Tax Collector sold Tax Certificate #86182 for delinquent real estate tax on property owned by John & Barbara Walko listed in the Tax Duplicate as Block 1003, Lot 40; and

WHEREAS, it has been determined that said certificate was erroneously sold

NOW , THEREFORE, BE IT RESOLVED by the Tax Collector is hereby authorized to cancel said Tax Sale Certificate and have such cancellation recorded at the Middlesex County Clerks Office.

Moved by Councilman Testino, seconded by Councilman Baker and so ordered on the following rolled call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

RESOLUTION GRANTING PERMISSION TO N.J. INFANTRY COMPANY H TO USE VETERANS PARK

RESOLUTION #115-02

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

WHEREAS, a request has been made by the 14^th NJ Volunteer Infantry CO H to hold drills at Veterans Park on Sunday, March 10, 2002 from 3:00 p.m. to 6:00 p.m.; and

WHEREAS, the 14^th NJ Volunteer Infantry CO H is requesting permission to do firing drills, drill formation and Basic Infantry Tactics. The firearms they will use are manufactured copies of model 1861-63 Springfield and Enfield rifled muskets, all firearms are inspected by the safety officer prior to each event. No live ammunition is permitted at any time. Cartridges are lightweight paper with 65 grains maximum of black powder. The loading of rifles are of black powder only. No paper, projectile or ram rods will be placed in rifles at any time; and

WHEREAS, such Event shall be held in conformance with Township's Rules and Regulations.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission is hereby granted to the 14^th NJ Volunteer Infantry Company H to hold its drills at Veteran's Park.

Moved by Councilman Testino, seconded by Councilman Baker and so ordered on the following rolled call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

RESOLUTION AUTHORIZING RELEASE OF TAX LIEN ON PROPERTY KNOWN AS BL. 18092, LT. 27 (FORMERLY OWNED BY GUSTAV SIGMUND, DECEASED)

RESOLUTION #116-02

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

WHEREAS, a tax lien was previously placed on property known as Block 18092, Lot 27 on the Tax Map of the Township of Old Bridge (formerly owned by Gustav Sigmund, Deceased); and

WHEREAS, said tax lien has been satisfied; and

WHEREAS, the Township wishes to release said lien on the above-described property.

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

A. The Township Council authorizes the release of the tax lien on the property known as Block 18092, Lot 27 on the Tax Map of the Township of Old Bridge.

B. The Mayor and Township Clerk are hereby authorized to sign the documents necessary to effectuate the release of the tax lien.

The Township Attorney shall review any and all documents prepared in furtherance of this release of tax lien.

Moved by Councilman Testino, seconded by Councilman Baker and so ordered on the following rolled call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

RESOLUTION AUTHORIZING CANCELLATION OF CDBG MORTGAGE FOR THOMAS VUOCOLO

RESOLUTION #117-02

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

WHEREAS, a Community Development Block Grant (CDBG) Mortgage was entered into by Thomas Vuocolo with the Township of Old Bridge for premises known as 180 Hilltop Boulevard, Cliffwood Beach, New Jersey; and

WHEREAS, the amount of the CDBG Mortgage is $10,851.00; and

WHEREAS, the above-named individuals have paid the outstanding amount of the mortgage and are requesting cancellation of said mortgage.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the CDBG Mortgage in the amount of $10,851.00 is hereby canceled. The Township Council authorizes the Mayor and Clerk to execute the discharge documents.

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

Moved by Councilman Testino, seconded by Councilman Baker and so ordered on the following rolled call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

RESOLUTION AUTHORIZING REFUND OF VETERANS TAX DEDUCTION

RESOLUTION #118-02

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

WHEREAS, Old Bridge Township offers a Veterans Tax Deduction each year; and

WHEREAS, James Woods resides at 179 Princeton Road, Parlin, New Jersey, also known as Block 5000.23, Lot 13. James Woods was receiving and qualified for a Veterans Deduction in 1997. Inadvertently the deduction was removed from the computer at the beginning of the 1998 tax year; and

WHEREAS, Mr. Woods is requesting a refund of the Veterans Tax Deduction for the years: 1998 for $50.00, 1999 for $ 50.00 and 2000 for $100.00 totaling an amount of $200.00. The Tax Collector will be able to take care of the years 2001 and 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 refunding of taxes for Veterans Deduction in a total amount of $200.00 be reimbursed.

Moved by Councilman Testino, seconded by Councilman Baker and so ordered on the following rolled call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

RESOLUTION AUTHORIZING WAIVER OF PERMIT FEE AND REFUND TO COMMUNITY COVENANT CHURCH

RESOLUTION #119-02

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

WHEREAS, the Board of Trustees of Community Covenant Church has requested that the permit fee be waived for installation of two furnaces; and

WHEREAS, the contractor performing the installation of the two furnaces paid the permit fee of $174.00; and

WHEREAS, the Community Covenant Church is seeking reimbursement from the Township in the amount of $170.00 for permit fees.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the permit fee of $170.00 be waived and reimbursed to Community Covenant Church.

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

Moved by Councilman Testino, seconded by Councilman Baker and so ordered on the following rolled call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

RESOLUTION AUTHORIZING SUBORDINATION OF A CERTAIN MORTGAGE

RESOLUTION #120-02

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 received a mortgage on a certain property in connection with its Community Development Block Grant (CDBG) program; and

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

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

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

1. The mortgage in favor of the Township of Old Bridge in the amount of $9,150.00 may be subordinated by an additional $78,500.00 (new mortgage) on property located at 110 Morningside Avenue, Laurence Harbor, New Jersey, Block 14, Lots 109 & 110 assessed to Robert Aber & Doris Aber.

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

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

Moved by Councilman Testino, seconded by Councilman Baker and so ordered on the following rolled call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

RESOLUTION MEMORIALIZING THE RELEASE OF PERFORMANCE GUARANTEE FOR PILLORI REAL ESTATE

RESOLUTION #121-02

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

WHEREAS, Pillori Real Estate Management has requested a release of the performance guarantee; and

WHEREAS, the Township Engineer has recommended release of the performance guarantee for Pillori Real Estate Management; and

WHEREAS, the Township Engineer has performed an inspection of the site improvement work and find that these have been completed satisfactorily.

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

Performance Bond $8,958.60

Cash Deposit 996.40

$9,954.00

WHEREAS, release of the performance guarantee will be subject to the developer posting a maintenance bond for a two year period in the amount of $1,493.00 (15% of the performance guarantee.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the request of Pillori Real Estate Management for a release of its cash performance guarantee is hereby granted.

Moved by Councilman Testino, seconded by Councilman Baker and so ordered on the following rolled call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

RESOLUTION AUTHORIZING EXECUTION OF A QUALIFIED PRIVATE COMMUNITY SERVICE AGREEMENT WITH SPRING HILL VILLAGE HOMEOWNERS ASSOCIATION

RESOLUTION #122-02

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

WHEREAS, the Township of Old Bridge wishes to enter into a Qualified Private Community Service Agreement with the Springhill Village Homeowners Association; and

WHEREAS, the Township Council wishes to approve same.

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

That the Qualified Private Community Service Agreement with the Springhill Village Homeowners Association attached to this resolution may forthwith be entered by the Township of Old Bridge.
The Mayor and Township Clerk are hereby authorized to execute the contract documents necessary to implement this agreement. The Township Attorney shall review any and all contractual documents prepared in furtherance of this agreement.

Moved by Councilman Testino, seconded by Councilman Baker and so ordered on the following rolled call vote:

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

NAYS: None.

ABSENT PODIUM: Councilwoman Panos:

Prior to the vote the following discussion took place

Councilman Calogera: What is this about?

Attorney Ruggierio: People thought that they were paying municipal services through their association dues and a few years ago the state legislature passed a law that tried to eliminate what was being called double taxation for condominiums and associations. The legislature said that you have to give money to these associations for their snow plowing.

Councilman Calogera: Was this a "PD"?

Attorney Ruggierio: Yes.

RESOLUTION TO FILE A TAX APPEAL

RESOLUTION #123-02

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

WHEREAS, the Old Bridge Municipal Tax Assessor represents the Township of Old Bridge in connection with pending tax appeal matters in the New Jersey Tax Court; and

WHEREAS, the Old Bridge Tax Assessor has the authority to settle cases but the Old Bridge Township Council retains the right to approve refunds/credits; and

WHEREAS, these circumstances require the Township Council to approve settlements or provide for the approval of settlements in the Tax Court so that both the Tax Assessor and the Township Council approve any proposed settlement; and

WHEREAS, certain matters which involve refunds/credits of $50,000.00 or less should be settled without substantial presentation to the Township Council and approval due to their nature; and

WHEREAS, the Township Council wishes to establish a procedure for approving such situations.

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 Tax Assessor of the Township of Old Bridge is hereby given unfettered authority to settle any case in which the refund/credit to the taxpayer is $5,000.00 or less per tax year or in which an increase in assessment results.
The Tax Assessor of the Township of Old Bridge is given authority to settle any case where the tax refund/credit is $50,000.00 or less so long as he first consults with the Director of Law and obtains the approval of the Director of Law for such action.
It is understood that all settlements, which result in a refund/credit to the taxpayer of more than $50,000.00 shall be presented to the Township Council for approval by formal resolution.
So long as the aforesaid procedures are followed, the Township Council will authorize the refund/credit of any settlement in accordance with this procedure.
The Tax Assessor of the Township of Old Bridge is given authority to authorize the Special Tax Counsel to file tax appeals in the Middlesex County Tax Board and the New Jersey Tax Court.

Moved by Councilman Testino, seconded by Councilman Baker and so ordered on the following rolled call vote:

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

NAYS: None.

ABSENT PODIUM: Councilwoman Panos.

Prior to the vote the following discussion took place

Councilman Calogera: Is this settled outside the court room?

Attorney Ruggierio: These are filed cases that are settled after a case has been filed. These are not settlements that occur outside a litigated matter.

Council Comments

Councilman Hoff: I think that we have kicked around the Harley Davidson application enough and I see that the attorney for them is here and I would like to hear what he has to say.

Mr. Brian Whiteman of Jonathan Heilbrunn's office representing Raceway Park: My client has been in business in Old Bridge for many years and this function that they are proposing is something that they have been doing for years on multiple occasions. My client would ask that this council make a motion to accept the reasonable modification as set forth in Mr. Heilbrunn's February 22, 2002 correspondence.

Councilman Hoff: I have read the documents and we look very foolish that we haven't made a decision, I would like to move that we accept the recommendation provided by Jonathan Heilbrunn dated February 22, 2002.

Councilwoman Panos: These proposals by Mr. Heilbrunn have made me have more questions. I am curious about proposal number 2; they insist that children under the age of 14; when accompanied by an adult, attend free of charge. If half of the 50,000 expected to attend bring only one child, that is 25,000 more people that we do not account for. I am concerned about the health and safety issues. We don't know if there will be 40,000 children there, we don't have enough toilets for that many people, that is a health issue.

Mr. Michael Napp; President, Raceway Park: We have been in Old Bridge for 38 years and it has always been our policy to have children attend free. We know that kids don't drive, so they are not adding to the traffic problem, they don't drink. I don't want to be at the gate and turn away a family with four children. The Nationals have the same paid attendance as we are asking for now. We've been handling this for 38 years and we don't have a problem now, we have adequate bathrooms.

Councilwoman Panos: I would like to see a report from the Health Department. What happened this weekend in Long Island was very scary. Because we are not addressing the health and safety issues, I cannot support this. The event is being sponsored by Harley Davidson and they don't want to be a signatory to this agreement. Why?

Mr. Whiteman: The application is on behalf of Raceway Park and its a typical and common practice for the owner to make the application. The events of this weekend was an event with Hell's Angel. This is Harley Davidson, this is a family oriented company and it is very different than the Hell's Angel. This will be a very classy event.

Councilwoman Panos: I want a report from the Health Department before we act on anything.

Mr. Napp: There is a standard on the bathrooms and if you do not meet them...

Councilwoman Panos: It is not just the bathrooms, it is potable water, drinking water. I would also like to see the plans of the Office of Emergency Management. Where are their approvals?

Mr. Napp: Raceway Park has an approved emergency evacuation plan. It was approved by the Office of Emergency Management.

Councilwoman Panos: I would like to see that report.

Mr. Napp: I am sure that Mr. Cicio has a copy of that report.

Councilman Redmond: Did something happen at Raceway Park this weekend?

Councilwoman Panos: No, it was in Long Island a shooting at a motorcycle event. Did you read the paper?

Councilman Redmond: There was a shooting involving an organization which is recognized by the federal government as an organized crime operation, that is prosecuted regularly under the Rico Act and we are going to compare them to Harley Davidson. I object to that. We could be charged with slander for making that kind of comment. I have problem with the section about limiting free tickets. Who are we? I don't care if they let everyone in for free. As long as it is part of the 50,000.

Councilwoman Panos: The comps are in addition to the 50,000.

Attorney Ruggierio: The complimentary tickets and the children are in addition to the 50,000.

Councilman Redmond: So Raceway Park is asking for 500 complimentary tickets in addition to the 50,000.

Attorney Ruggierio: They are asking for an unlimited amount of complimentary tickets.

Councilman Hoff: I don't care how many they give out. Why should we care how many they give out?

Councilman Redmond: We are limiting the event to 50,000 adults, I don't care if they pay or don't pay.

Councilman Greene: This is the third time that you have appeared before us and it has been the same thing each time "here it is, you have to approve it". I don't want to micro manage but I think that I deserve the ability to read this over and work out these questions. The memo from the attorney is from today and we are suppose to vote tonight. This is the third time and as far as I am concerned three times and you are out.

Councilman Calogera: Two weeks ago I voted in favor of this and it was contingent upon discussing my concerns with Mr. Butters. He said that he would sit with me last week and address my concerns regarding security, traffic and the police situation; how many and what kinds will be needed. We are talking about 50,000 adults, plus an unlimited amount of complimentary tickets, plus unlimited amount of 14 and younger children. Who can say that we won't have 100,000 people at this event. Basically, there is no limit, so the 50,000 is a mirage. Mr. Butters is a promoter and not employed by Harley Davidson.

Mr. Landerman: He is an executive producer. Harley Davidson hired the best people in the world, they are in the business to build motorcycles. They have hired the best security firm in the world and they will meet with you.

Councilman Calogera: He said that he would meet with me last week and that was one of the conditions on why we voted in favor last week. After reading the response from Harley, I am not sure that they really want to be in Old Bridge. I think that they are taking offense that any council member has questions, they want to walk in and do what they want, regardless of what this council wants in order to protect the residents of Old Bridge. I don't know what our residents are getting out of this, except inconvenience. If they want to move to south Jersey, our residents can just as easily go there without being inconvenienced at home.

Mr. Landerman: They want to make it a first class event and they will do it the right way, they will meet with the township people, they will do everything that the township asks to make it right. It cannot be compared to Long Island. When we do the Nationals there is no limit on the tickets we can sell and kids are free. We certainly rise to the occasion for that event and we will rise to the occasion for this one. If I have to put Mr. Butters on a plane and bring him to your door, I will do that. We will meet with the board of health, the police and the office of emergency management to do it right.

Councilman Calogera: Yes, but only after we approve it. I still have a concern about Harley Davidson wanting to divest themselves with any dealing with the township.

Mr. Landerman: When we run the Nationals, they are not a signatory to the agreement, we have this type of attendance at these events and no else signs on. Raceway Park is making the application. The original application said 50,000 tickets and there was a little mix up with that. We want to be a good neighbor. This is going to be the biggest thing in the history of Raceway Park.

Councilman Calogera: Outside of putting Old Bridge on the map, what does this do for the residents of this town?

Mr. Landerman: This is a first class event and it will put Old Bridge on the map.

Councilman Hoff: We have kicked this around for weeks. I have respect for Raceway Park, Mr. Heilbrunn and I have grown to respect Harley Davidson, I think that we need to vote yes to approve this. I move to approve this agreement as drawn up by Jonathan Heilbrunn.

Councilman Baker: We want to support this 100% and I am glad that you stepped up to say that you had some accountability to keep amending us. Had this been put before us first, we could of saved time. I agree with Mr. Hoff, lets move on.

President Butler opened the public portion.

Mr. Vitale: Several years ago I worked for Raceway Park as an armed security officer. They do have a very good security force. In the summer they hire part time workers that I wouldn't consider the perfect quality security staff that I don't think could handle something of this magnitude. They do a good job at the Summer Nationals. When the NHRA brings the cars in for the Nationals, they do it on trailers, so the noise is inside the park and not on the streets. Most Harley Davidson owners are going to come thundering through the town. I don't know how our police department will handle the noise problem that will definitely occur. We have no assurances that what happened in Long Island won't happen at Raceway Park. How many state policemen are we going to have and who is paying for them? What is the involvement of Emergency Management? From the personnel that I have spoken to, the office of emergency management is not even being considered. I don't know if our police department has the numbers or are equipped enough for this event. I have seen what happens at the end of a racing event, with everyone trying to get out of the track. Think about 50,000 people trying to get out of Pension Road and Englishtown Road. These roads cannot handle that type of traffic.

Councilman Hoff: We will ask Jerry Palumbo if they can.

Mr. Vitale: I would like to see the State police and the FBI.

Councilman Hoff: Enough already Reggie, call the question.

Mr. Vitale: What about the ambulance services, are they going to be prepared?

Councilman Hoff: How many FBI men to you need, Jerry?

Chief Palumbo: Raceway Park has been here for many years and they have had events with much more people. There are not all going to be coming into the park and leaving at the same time.

Mr. Landerman: At a race, they stay until the end. Most bikes are street legal.

Councilman Hoff: We have a motion and a second, call the question.

Councilman Calogera: What is the motion?

Councilman Hoff: To approve on the basis of Jonathan Heilbrunn's letter.

Councilman Calogera: So we are going to remove all the restrictions that we asked for?

Councilman Hoff: Yes.

Mr. Landerman: We are going to work with you on every point, I promise.

Councilwoman Panos: This should all be worked out before we vote on this.

DISCUSSION

Library Problems (ET)

Councilman Testino: The library committee had its first meeting and we had some good discussion and I learned a lot about the potential causes. I think that the attorney will be reporting back to us about statute of limitations problems. It appears that the cause for the lighting could be a number of things, from maintenance to design. An architect attended and gave us a full forensic analysis which could cost us anywhere from $20,000.00 and up. As soon as we get the report from the attorney we should have another meeting. There are some lighting delivery problems in the building and they are going to be corrected along with the problems. I would ask that the schematics be brought back before and at that time the council can decide whether they want to go forward with the design. Mr. Barone is on board and he has a good handle on it and I think that Mr. Ruggierio has drawn up the contract in such a form that he will be overseeing the installation so we won't have some of the separation problems that we have had in the past. This will be back before the council and there will be another committee meeting and I hope to have a recommendation for you at that time.

Wal-Mart/Home Depot Shoulder Improvement. (ET)

Councilman Testino: I would like to thank the engineer for his efforts. It looks like we will get some improvement to this.

Mr. Vincenti: I received a letter from the applicant's attorney and they have made an affirmative commitment to construct the shoulder widening at their own expense. They estimate that this will take about four to six weeks. They estimate starting the project in the spring.

Speed Control Devices - Society Hill, Alpha, Inverness and Valley Vale. (GKC)

Councilman Calogera: There are on-going problems with speeding on certain roads. I think that we need to think long term and I was thinking of speed control devices. My first preference was a speed bump but I have been informed that they are illegal.

Ms. Shepler: Yes, the major complaints come from rescue vehicles. I will ask the police to give me a written report on traffic calming devices.

Councilman Calogera: At the intersection of Valley Vale and Ticetown you cannot even get across the road. I think that we need some type of traffic signal there.

Mayor Cannon: We twice had the DOT come out to try and get a light at that intersection and they will not do it. We had additional signs and markings in the roadway. We can try again.

Councilman Testino: I think that we need to look at the road markings at Valley Vale and Ticetown (by the bridge) it merges into one lane and there have been a lot of accidents. We may be able to look into getting a school warrant for the light if we can't get it for the traffic congestion. When we discuss the bonding I would like to look into those speed devices that you put on the poles.

Councilman Redmond: I have some information on this that I got at the convention and I will give it to Alayne.

Councilman Testino: Let's put this in the capital bonds.

Councilman Greene: This is a township wide problem and I don't think that we should be addressing it on a street by street basis. I think that we need some type of committee that incorporates the police department so that we can come up with a township wide plan.

APPOINTMENT TO THE RECREATION COMMITTEE

RESOLUTION #124-02

Thomas Stead and Frank Piccillo be appointed to the Recreation Committee for terms ending December 31, 2002.

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

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos.

NAYS: None.

ABSENT PODIUM: President Butler:

REPORT

Lambertson Tract - acquisition details - (Report by: Attorney)

Attorney Ruggierio: I have listed the five issues that I though were important.

1. Will there will there be a contest to our right to acquire?

2. Can we agree on a price?

3. Can we honor Ms. Smith's previously stated desire for a life right?

Attorney Ruggierio: The property has been in Ms. Smith's family since the civil war and Mr. Badcock has been very kind of her status as a long term residents. This was a very big decision for Ms. Smith, she also has a nephew who lives in Arizona and who is not very accessible to us.

Councilman Hoff: What is her age?

Attorney Ruggierio: 93.

4. How do we preserve our Green Acres commitment?

Attorney Ruggierio: We have a signed contract with Green Acres for them to give us money in connection with this property.

5. Can we avoid unnecessary delay?

Attorney Ruggierio: We have already acquired and are paying for the Rose Tract, out of an ambition to turn these properties into a golf course, although Tom is quick to point out that they are not absolutely linked, because he could develop the Rose site and then move over to the Lambertson site. I think that everyone agrees that it would be better to do it with one contract. I wrote a letter in July giving Ms. Smith the whole sequence of events. I wanted to set her mind at ease. It was at that time that we heard from Mr. Warne (her nephew) who wanted to get a whole bevy of lawyers together to talk to us. We tried to come to some resolution and we couldn't, we actually delayed our filing of the condemnation action. We eventually did file and got them to be serious with us.

The Negotiated Proposal

Attorney Ruggierio: This would amount to almost nothing, with us just paying the insurance and the taxes on the property. We would have full access and rights to the property during the lease term. We could build and plan and even utilize the tract as a golf course if that is what we wish to do. Who would turn down a lease on this land under those terms? This would actually defer our acquisition cost to the future. Ms. Smith would have carved out on the property a homestead and that would create a problem with implementing a golf course. We just got a green acres grant contract signed and it expires 1/8/04. The people at green acres are nervous about what is going on in Trenton with the budget cuts. I understand green acres grants to a dedicated source of money authorized by the voters. We would have an obligation under the proposal that we have been negotiating to try and extend the 2004 deadline. Green Acres like municipalities that actually sign the contract, close on the property, they then view you as a good utilities of green acres funds. Mr. Warne's and Ms. Smith's lawyers are suggesting that we try and get the deadline extended. They have indicated that they would terminate the rights to the homestead area when we close on the property.

Councilman Calogera: Has there been a resolution dictating that this land be used as a golf course?

Attorney Ruggierio: I am not aware of that but I don't know. I know that we have to spend money on golf course studies that was authorized by this council. I know that there is a long standing plan for that.

Councilman Calogera: Does this run in perpetuity?

Attorney Ruggierio: No, we were concerned that we would not be able to utilize the property for a long time. This was a significant concession by them to say" the homestead area will terminate in two years or whenever green acres tells you to close or lose your grant". We did make a tentative agreement (of subject to your approval) that there would be some use of Rose or Lambertson on the golf course or however you develop it.

Councilman Hoff: Has direct negotiations fallen off completely?

Mr. Badcock: The negotiations started completely different...unintelligible.

Attorney Ruggierio: We have had a tough time negotiating with these people up to now and we feel that we may be setting our self up for litigation because we didn't try hard enough to get the deadline extended. I told them that we would have to be able to acquire the property on the deadline for the green acres grant. There are estate planning issues that they are largely focused on and this upsets their objectives. We will be in court on March 7^th in connection with this matter.

Councilman Testino: What date are we locking in for the price of this property?

Attorney Ruggierio: The price is going to be when we file the declaration of taking.

Councilman Testino: So we wait until the end of the lease period?

Attorney Ruggierio: No, they had a proposal that wasn't too high and ours was too low for them, we were going to compromise on a figure and then index it to something minimal such as the consumer price index.

Councilman Testino: Over the time we don't use it?

Attorney Ruggierio: Over the lease period. We would lock in a price today and then index it.

Councilman Testino: I would like to hear more about this in executive session before I approve this scheme.

Attorney Ruggierio: The scheme is not really on the table anymore, I think our adversaries in this matter will say forget it, which means that we will go ahead with our original plan.

Councilman Testino: So you are just bringing us up to date.

Attorney Ruggierio: What I think that will queer the deal, is that we are not going to agree to the idea that we are going to make good faith attempts to extend the deadline. If you say you want to, I have a couple of drafts along those lines. As things stand now, I think that we are going to go forward in court on March 7^th, which is no more extension dates and get the rights to acquire the property.

Councilman Calogera: I have learned one thing so far from my short tenure; if we want property and we wait, it costs us a lot more. I would advise that you bring this to council in executive session.

Attorney Ruggierio: I will put it on for tonight.

Public Comments

Ann Miller: I am a member of the Historical Commission and we are very concerned about this home, it is one of the oldest homes in town. This home had been lived in up until two years ago. I am concerned that this house be preserved along with the corn crib.

Attorney Ruggierio: Part of the deal was that the township would preserve, either on the tract or very close by.

Simon Kharnas, 14 Glenn Oaks Court: If the bus stop at Inverness Road is dismantled and we have to walk to Cindy Street, there are no side walks on either side of the Route 9 and the commuters are fair game for the cars.

Councilman Redmond: I don't think that the council is leaning towards moving the bus stop, we are investing money at the commuter lot there. There is a meeting scheduled for Thursday at 7:30 and you attend that meeting.

Mayor Cannon: We will gather in my office and you are welcome to come.

Mr. Kharnas: I think that a traffic light there would be a good solution to a serious problem.

Mr. Pagnotta: I think that you should know ahead of time what you will be voting on. Can anyone contact the council?

Councilman Redmond: All council members are accessible the public and anyone in this town can contact anyone of the council people.

Al DiRocco: I want to thank the council and mayor for recognizing our world class track teams. This is only the beginning.

Seeing no hands Vice - President Redmond closed the public portion.

RESOLUTION TO GO INTO EXECUTIVE SESSION @ 10:00 p.m.

RESOLUTION #125-02

BE IT RESOLVED by the Township Council of the Township of Old Bridge that the public be excluded from this meeting pursuant to N.J.S.A. 10-4-13 for the discussion of the following:

Piscitelli Matter

Acquisition of the Lambertson Tract

BE IT FURTHER RESOLVED that this meeting shall reconvene in public session in 10 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 President Butler, seconded by Councilman Baker and so ordered on the following roll call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

Meeting Reconvened at 10:20 p.m.

MOTION

To adjourn at 10:20 p.m. by Councilman Baker, seconded by Councilman Testino and so ordered on an all aye vote

_____________________________________

Reginald Butler, President

_____________________________________

Rose-Marie Saracino, Township Clerk

Distributed: