SEPTEMBER 17, 2002

An Agenda meeting of the Township Council of the Township of Old Bridge was held on September 17, 2002 in Memorial School, Laurence Harbor. 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 September 23, 2002 at 8:00 p.m.

Roll call at 8:02 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, President Butler. Councilman Baker and Councilwoman Panos were absent. Also in attendance and recognized by President Butler were Mayor Cannon, Business Administrator Alayne Shepler, Attorney William Ruggierio, Director of Parks and Recreation Tom Badcock, Director of Public Works Rocky Donatelli, Assistant Finance Director Ron Amorino, Township Engineer John Vincenti, Township Clerk Rose-Marie Saracino, Deputy Clerk Ward, Council Stenographer Lisa Quaglietta, Middlesex County Treasurer James Phillips.

Public Comments

Ben Ringle, Cliffwood Beach: Are there any plans for the boardwalk to be extended from Laurence Harbor into Cliffwood Beach?

Councilman Hoff: They have finished the first phase which was from Morgan's creek to Margaret's creek. They are now in the process of doing Whale creek to where Knollcroft begins. The last part will be from Knollcroft to the front of the sewer authority. There have been some problems with obtaining land and right-of-ways. The engineering has begun and I don't think that it will too much longer before section two is complete. They intend to do the whole boardwalk from Whale creek to Cheesequake creek. I think that we will all be pleased when they are done.

Mr. Ringle: There is a right of way in Cliffwood Beach that goes from (unintelligible) to the beach. It was overgrown with weeds and trees, that has since been cleaned up. Is it possible to have a little path for carriages and bicycles? Black top would be fine, nothing fancy.

ADDED DURING THE MEETING

TEMPORARY BUDGET APPROPRIATIONS

RESOLUTION #475-02

WHEREAS, there will be a delay in the adoption of the 2003 Township of Old Bridge, County of Middlesex, State of New Jersey Local Municipal Budget; and

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

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that in accordance with N.J.S.A. 40A:4-20, an emergency temporary appropriation be and same is hereby made in the amount of $70,600.00 and that said emergency temporary appropriation shall be provided in full in the 2003 budget (see attached)

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

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

NAYS: None

ABSTAIN: Councilman Maher.

ABSENT: Councilman Baker, Councilwoman Panos.

Prior to the vote the following discussion took place

Mr. Amorino: This is a temporary budget for 2003 and we are requesting $70,600.00 for two items. The first is for $65,000.00 for the contract with Motorola, which is the police radios. It was due July 1, 2002. The second item is for emergency tree service.

Councilman Redmond: What is that for?

Mr. Amorino: There are some limbs that have gone down in the last few months that required removal.

Councilman Testino: Are both of these line items included in the budget that we introduced?

Mr. Amorino: They are presently in the budget.

Councilman Maher: Do you have a breakdown of the Motorola contract?

Mr. Amorino: Yes. I do not have the back up for the tree service.

PRESENTATION - (9/23/02)

1. The New York Police Dept. Retired Officer's Local 1013 (National President Anthony Perrone and Harry Moss ) to honor the Old Bridge Police Officers who went to New York on 9-11.

Captain Dennis Cronin, Det. Steve Daroci, Ptl. Keith Calvosa, Sgt. David Lynch, Det. Robert Mazlewski, Ptl. Michael Cronin , Sgt. Robert Weiss, Det. Glen Cavasin, Ptl. Ronald Atlak, Sgt. Charles Spinola, Ptl. Steven Sherry, Ptl. Michael Blahota, Det. Peter Lopresti, Ptl. Thomas Montagna, Ptl. Michael Laforte, Det. John Reinhardt, Ptl. Walter Decker, Ptl. Edward Jarusiewicz

No discussion

2. Presentation by professionals representing Dennis Pinkiewicz in connection with the Pinkiewicz Subdivision. (WSR)

Attorney Ruggierio: We have been exploring the idea of a settlement, I am not sure that it will go anywhere. They are requesting this presentation.

Councilman Testino: I don't want to do this in the beginning of the meeting because it will take up a lot of time.

Attorney Ruggierio: So we can do it after the business meeting.

Councilman Redmond: I don't think that we should be entertaining these types of presentation at all. If we don't like what they say, there is a good chance that they are going to sue us. They are looking for this right of way to build these houses and we have already expressed our desire not to do that. Why are we entertaining their attorneys? Because more then likely it will end up in litigation.

Attorney Ruggierio: Our view is that there needs to be a formal determination by this council rejecting the request to tie into......

Councilman Redmond: I thought that we already did that?

Attorney Ruggierio: I don't think that we passed a resolution. If we are sued by the Pinkiewicz's the first thing that we are going to allege is that this matter should really be before the Zoning Board and that he doesn't have a right to sue us in court. The only reason is that they are appearing before you is that we told them that they had to get a formal answer from the Township Council, because that is what the Zoning Board called upon me to do. If feel that you have enough information, maybe you can avoid the presentation by saying you will make the decision that is required and send to the zoning board saying; no, we won't allow the tying into the sewer.

President Butler: I will schedule this for the end of the meeting.

HEARINGS - (9/23/02)

H-1 Release/Reduction Performance Guarantee - Park's Edge - Application #62-98Z (Block 3230 Lot 15)

President Butler: Do we have everything for this?

Mr. Vincenti: Yes.

ORDINANCE FOR SECOND READING

ORD. #41-02 Amend Land Development Ordinance Section 4-3M (Sign Posting) (REMOVED - RE-INTRODUCE DUE TO FEE CHANGE)

No discussion.

ORD. #44-02 Ordinance amending parking on both sides of Rockhill Road.

Councilman Maher: Didn't we do something about the parking on Disbrow Road in front of the sports club? I was almost in a near accident on the way here tonight, there was parking on both sides of the street. I thought that we requested that signs be posted there?

Ms. Shepler: I am not sure about the signs, I think that I remember that the owner was going to have some type of valet parking so that the customers would not be parking on the both sides of the road. I will send a note to the police department for them to check this out.

ORD. #45-02 Ordinance amending fees - Police Ordinance (Changing fees to be consistent with the State Statute.)

No discussion.

ORD. #46-02 Ordinance exempting certain businesses from payment of Retail Food Establishment licensing fees.

Councilman Greene: I would request from the chairman of the Economic Development Corporation a list of these exempt businesses.

DISCUSSION ORDINANCES

DO-1 Amend closing time of premises with Consumption or Club Licenses to 2 A.M. except New Years Day. (GKC)

Councilman Calogera: I think that we've had a number of problems with some of the clubs on Route 35. The adjacent towns clubs close at 2:00 a.m. and because of that I think that draw them into our town after 2:00 a.m. I think that for the safety of the people down in this area we should have 2:00 a.m. closing of all licensed premises throughout town.

Councilman Redmond: Are we going to get a list of names of the clubs that will be affected? I know that there have been a few problems at some places, I don't want to penalize the whole town for one or two clubs.

Councilman Calogera: If you only pick out certain establishments, then people will bounce to the establishments that are left open.

Councilman Redmond: They are not the ones that have caused problems. I want to target specific types of businesses and it is go-go bars. Council saw fit to renew these licenses but changes all the closing times for people who earn a living, there are some nice places and some restaurants that stay open. There may be some revenue there and I don't want to hurt somebody based on something that another club did. If it is only a couple of clubs, I don't have a problem but if it is all of them, then I have a concern. I want to find out how many are involved.

Councilman Calogera: I will ask the clerk if she will look into the different types of licenses which would affect all but the restaurants. We could get classifications so that we can target that specific group.

Councilman Hoff: I don't think that we should change the closing hours because of one incident that didn't happen in the place. It happened by someone who came on the property of After Dark, some athlete came by and started trouble outside and it had nothing to do with inside, he hadn't even been in the place. I just remind you that this started out as a bay shore town and a lot of people made their living by building restaurants and taverns on 34 and 35. You are trying to make a mountain out of a molehill. I think that you should think long and hard before you start penalizing the people who made this town.

Councilman Testino: I would like to know what the practice is in town, just because the license allows them to stay open, do they? I would like to know what time these places in town close.

Councilman Calogera: In regard to After Dark, specifically, that is one of the reasons that I would like to change the times. The football player that you mentioned was not outside, he was inside when it originated. Two weeks prior to that, you had stabbings and fights there, which also originated inside. I thought that they were supposed to have outside security and there wasn't any. I have heard rumors about illicit actions going on in that place. I have concerns about this place being anywhere in town. I would hope that since this is Mr. Hoff's ward that he would have concerns about taking care of the residents. I agree with you about the restaurants.

Councilman Hoff: We are not reading the same reports because there is nothing in any of the reports that I received that say. I don't know where you are getting your rumors from. There was nothing about this in the police report. I want this to be tabled.

MOTION TABLED

to table the discussion on the closing times of liquor license establishments until there is more information by Councilman Hoff, seconded by Councilman Testino and so TABLED on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Baker, Councilwoman Panos.

DO-2 Amending Building Code Ordinance on sump pumps (to make code mandatory that all basements must have sump pumps and be properly draining in the sewer system and battery back up systems for pumps. (GKC)

Councilman Redmond: I am concerned about the wording "draining in the sewer system". It should say the storm drain, not sewer system.

Councilman Hoff: It is against the law to dump into the sanitary system.

Mr. Vincenti: We have a memo from our plumbing sub-code official, Alex Tucciarone, stating that we currently have an existing ordinance that mandates sump pump collection systems and our connections into the storm drainage system. This is already on the books. About the battery back-up system, the memo also indicates that this goes above and beyond what the state DCA requires and he feels that this is something that we cannot mandate.

Councilman Redmond: Who decides how big the sump pumps installed are? We have had complaints from the residents that pumps put in by the builders were running constantly.

Mr. Vincenti: That is something that is reviewed by the building sub-code officials and I do not have that information.

Councilman Calogera: We have had many outages in this town that is why I suggest the battery back-up. I don't have a problem with being on the cutting edge of this. I would like to require much more from the builders then we are getting. I think that we need to add extras. I think that this is something that we have to try for, even if the state's says no. This may be wind up being the code for the whole state, you never know.

Mr. Vincenti: There are certain building use codes that require emergency back up power. Residential homes are not one of those use codes. That is where there above and beyond interpretations come in.

MOTION

by Councilman Hoff to remove from the agenda, seconded by Councilman Testino and so REMOVED on the following roll call vote:

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

NAYS: Councilman Calogera.

ABSENT: Councilman Baker, Councilwoman Panos.

GRANTING PERMISSION FOR A BLOCK PARTY - DALERON PLACE

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

RESOLUTION #476-02

WHEREAS, the residents of have requested permission to close Daleron Place at the intersection of Lynbrook St. for the purpose of a block party to be held on September 21, 2002 (rain date None).

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

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

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

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

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

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

NAYS: None

ABSENT: Councilman Baker, Councilwoman Panos.

Prior to the vote the following discussion took place

Councilman Maher: Is there a rain date for this?

Deputy Clerk Ward: They did not want one.

RESOLUTION AUTHORIZING THE REJECTION OF BID FOR GROUND LEASE

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

RESOLUTION #477-02

WHEREAS, the Township of Old Bridge received bids in connection with Ground Lease 02-21 on September 5, 2002 for Block 10000, Lot 1;and

WHEREAS, the bid from AT&T Wireless PCS, LLC did not contain all necessary documents and information; and

WHEREAS, the Township Council wishes to reject the bid of AT&T Wireless PCs, LLC.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the bid received from AT&T Wireless PSC, LLC for Ground Lease 02-21 is hereby rejected and the Township Clerk is hereby authorized to return the bid bond.

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

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

NAYS: None.

ABSENT: Councilman Baker, Councilwoman Panos.

After the vote was taken the following discussion took place.

Ms. Shepler: Improper paperwork was submitted. AT&T was the only bidder and they failed to fill in the blanks where the bid price was. They assumed we would know that they agreed to our minimum bid price. In order to return their bid bonds, so we can re-bid, we need to formally reject this bid.

LIQUOR LICENSE TRANSFER - Harry Rosenblum to Raphico, Inc. t/a Vintage Wines.

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

RESOLUTION #478-02

WHEREAS, application has been filed for a person to person and place to place transfer of Plenary Retail Consumption License #1209-33-011-006; heretofore issued to Harry Rosenblum, (inactive) for premises located at 20 Evans Drive, Morganville, New Jersey to Raphico, Inc., t/a Vintage Wines for premises located at Route 516 & Cottrell Road, Old Bridge, New Jersey; and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and

WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations, promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and

WHEREAS, the applicant has disclosed and the township authorities have reviewed the source of all funds used in the purchase of the license and the licensed business, and all additional financing obtained in connection with the licensed business; and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid and the license has been properly renewed for the current license term;

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge does hereby approve the person-to-person and place to place transfer of the aforesaid plenary retail consumption license effective September 17, 2002 and does hereby direct the Township Clerk to endorse the license certificate to the new ownership as follows: "This license, subject to all of its terms and conditions, is hereby transferred to RAPHICO INC, t/a Vintage Wines effective September 17, 2002 .

BE IT FURTHER RESOLVED that said transfer is hereby conditioned that no go-go dancing be allowed.

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

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

NAYS: None.

ABSTAIN: Councilman Calogera.

ABSENT: Councilman Baker, Councilwoman Panos.

Prior to the vote the following discussion took place

Councilman Calogera: I requested information on the distance of this license to the high school.

Clerk Saracino: It is over 1300 feet from his place of business and entrance to the school and then another 780 feet from Route 516 to the doorway. He is only required to have 750 feet.

Consent Agenda

C-1 Parade - Old Bridge Day - October 5, 2002

Move up.

DISCUSSION RESOLUTION

DR-1 Memorialize Release of Performance Guarantee - Courtco/Jack Aaronson.

Move up.

DR-2 Corrected amended version of 2002 contract for Municipal Alliance Grant Award (BABES Program - $5,400.00 and for The Caution Without Fear Campfire Girls Program - $4,500.00)

Move up.

DR-3 Resolution for adopting changes required by the economic growth and tax relief reconciliation act of 2001 to an existing deferred compensation plan. (Benefitscorp, Inc. former NPC) (HS)

Councilman Redmond: Are we going to get a presentation on this?

Councilman Testino: It is coming into compliance.

Councilman Redmond: Okay.

DR-4 Award of Contract #02-22 for Cheesequake Village window rehabilitation ion to Tri-State Building Materials, Inc. for $38,600.00. (CERT. #) (AFFIRM. ACT.) (MR)

Councilman Testino: Do we have any experience with them?

Ms. Shepler: This has the recommendation of Mr. Ruffley.

Attorney Ruggierio: This is the same firm as last year.

DR-5 Resolution for adopting changes required by the economic growth and tax relief reconciliation act of 2001 to an existing deferred compensation plan. (VALIC) (HS)

Move up.

DR-6 Resolution authorizing extension of deadline for Habitat for Humanity (22 Naples Ave.) (WSR)

Move up.

DR-7 Application for Statewide Livable Communities Funding - State funds for park/open space improvements - requested for Pension Road Park Improvements. (TB)

Move up.

DR-8 Memorialize Release Performance Guarantee - Cedar View Estates.

President Butler: I am going to a homeowners meeting on Thursday and I am going to make sure that everything is in order before Monday night.

DR-9 Resolution in support of the Township's Livable Communities Pilot Program Grant application for the Master Plan Streetscape along Cottrell Road in the amount of $250,000.00. (JV)

Mr. Vincenti: There was a grant application to the DOT for this and was rejected. I have had conversations with Mr. Weirmeister of the DOT and he advised us that there was a higher likelihood that we would get the funding for this in this next livable community grant. The deadline is October 10, 2002.

DISCUSSION

D-1 Matzel Development Land Use Covington Village Adult Community.

President Butler: I would like to know Mr. Ruggierio's recommendation.

Attorney Ruggierio: I believe that at some point the owner of this property (which we know as the golf range) made an application to the council to have a paper street across their property removed. Without looking at the minutes, I am not sure what the representations were by developer at that time as to why the removal of the road was required, I am sure that the engineering department agreed with the decision. It has been suggested to me that the developer donated land to the township and I am not sure as to what extent they are linked. The long and short of it is that the township council said okay and an ordinance was adopted, it had a description of a right-of-way to be vacated. After adoption, someone in the engineering department said we made a mistake with the description because not was the paper street vacated but also the traveled portion of the road. We then vacated the ordinance and at the same type what should of happened was a corrected ordinance should of been passed. I do not know why this was not done. The property owner is currently making an application to the zoning board to have some type of village adult community and at some point the developer or engineer sees that the street still exists on the township maps. The owner has come before us and asked that the council do what should of been done a long time ago. My view has always been that this is somewhat unfair that this technicality has never been put in place. If they do sue us, I think that we can win the case. I am not a fool and I know that the reason that there is presently opposition to this is the use that is being proposed (adult community apartments) is not popular. It would be fair to say that at the time of the request to vacate the road there was never a proposal of that nature.

Councilman Greene: This project has a lot of issues and it goes back to at 1995. At that time what the developer proposed was an extension of the golf facility. All of sudden the proposal has vastly changed to 450 apartments. My understanding is that the age restriction would be 45 and over, which is not senior citizens and there is a possibility for children to be there along with the school tax burden. Mr. Redmond has pointed out that this developer has not made a presentation before the council, he was invited one evening and he chose to leave and it was postponed. The council has tabled this a number of times. I would like to reconsider this next Monday night, in front of the cameras, and I want each council member to stand up in front of the cameras and voice their opinion on this. Do they want to fight this developer or do they want to sit back and let him build 450 apartments on Route 18 and Spring Valley Road. I am dead set against it and that will be my vote. I would like all of us to vote on this next week and put this to bed.

Mayor Cannon: Philosophically, I agree 100% with Councilman Greene. Very much apart of this agreement was that they were going to expand the golf center, which was a desirable economic development facility. I just want to remind everybody that this is not zoned adult community living and in order to develop that they would have to get a variance through the zoning board. The onus is the zoning board, I understand that the land is presently zoned commercial.

Councilman Testino: I agree that the present proposal is a zoning proposal and the attorney is hitting a cord when he says that this is unfair. As long as you couch it as a vote for or against the zoning proposal, nobody wants to vote for it, but we are talking about basic fairness about what I think was a deal for a land swap years ago. It is hard for me to sit here and say...If the court rules on equities, it will look at what Bill is saying about the basic fairness. If we are going to stand on technicalities, we may get hit for legal fees in this matter. We are going to have to lobby the zoning board to make sure this variance doesn't get granted because this battle belongs in front of the zoning board. Years ago we swapped land for this and we better send the title back. I remember when the EDC and the mayor came before the council recommending this to go through.

Councilman Greene: This application has been before the zoning board and the last three times that it was scheduled to be heard the developer asked for it to be postponed and I believe it was because he was hoping to resolve the paper street issue before the council. This paper street divides his property in two sections of 40 acre and 10 acre parcels. They could not get approval for 450 apartments with this right of way going through the property. I am not an attorney, but I feel that the mistake was done by the council approving an ordinance that turned out to be defective and now council should stand up and take a position on this now. I am not going to sit on my hands and wait for the zoning board. The mistake was made here and we should correct it and keep that paper street and prevent the developer from building 450 apartments.

Attorney Ruggierio: The application that is before the zoning board is for a use variance. If that is approved by the zoning board, it can be appealed by any interested party to the township council and in that setting you act as a quasi-judicial body, where you will affirm, remand, reverse or modify the decision by the zoning board. This may wind up before you, and I understand that municipal council people are not in favor of more apartments in town, but you always have to couch your remarks by saying that in the case, if it is brought before you that you will consider this fairly and be objective and base you decision without prejudice.

D-2 Parker McKay Bond Counsel. (DMM)

Councilman Maher: I put this on based on the Clerk's office September 9^th memo to us. Apparently, they are in an adversarial relation with the bond counsel. I would like to know what the length of the contract is and if there is a termination clause and at a minimum tonight I want their Fed Ex number so that we can bill them when we have to send them duplicate material.

Clerk Saracino: The biggest problem is that once we do all the certifications on the bond ordinances, we provide them with a copy of the entire file. When they ask us for the duplication, I have to take someone off minutes or whatever they are working on and have them duplicate the whole file again. One day they have the files and then the next day they don't. We have spoken to them and they have hung up on us.

Councilman Testino: The contract is up in January and we can start looking now.

Councilman Maher: Why do we have to wait until January?

Clerk Saracino: I will check the contract and see if there is a termination clause.

Councilman Maher: I think that from this day forward if they are looking for duplicate material we use their Fed Ex number.

Councilman Redmond: How are we billed?

Attorney Ruggierio: They are appointed by the Township Council, just like any other attorney contract.

Councilman Redmond: Is it automatically renewed?

Attorney Ruggierio: No. I think that one of the problems that Rose-Marie has encountered because both Himanshu and myself spoke to Phil Norcross (the gentlemen in charge of the bond department) and they have had some personnel changes. I can ask Mr. Norcross to come and address the council about this.

D-3 Parking of Route 516 - (Enforcing Ordinance on Route 516 - asking County to post signs.) (GKC)

Councilman Calogera: I have received a number of complaints about parking on both sides of Route 516. It is prohibited by the Township and the County. I would like Alayne to send a letter to the county to have signs posted.

Councilman Maher: I know that at one time we were in discussions with County officials about taking over that portion of the road so that we could have parking on both sides by the Town Centre.

Councilman Testino: The council never approved that.

Mayor Cannon: The council indicated that they were not in favor of parking. We were hoping that once the commercial property was in place that we could revisit this. Obviously what is taking place now, it totally unacceptable. I don't think that we ever envisioned it on both sides of the road, especially by the Municipal Complex. We also envisioned two cars and then a space, never that a car would pull out into the travel lane.

Councilman Hoff: The county said no to parking on Route 516.

Councilman Maher: I think that we should re-examine this. We could take this over and reduce the speed limit like they do on Route 79 in Freehold. I am in support of this.

Mayor Cannon: Good, I also think that parking is a traffic calming device and it also acts as a buffer for the people using the sidewalk.

Councilman Hoff: This is a County road and they do not want the traffic slowed down, they don't want it like it is in Freehold.

D-4 Garbage pick up and bulk pick up. (GKC)

Councilman Calogera: I have received complaints about residents losing pick up dates on the holidays, they used to pick up the next day and now they don't. They are paying the same amount as the rest of the residents and are getting a reduced amount of pick-ups. I have also received complaints about bulk pick up, which is not provided anymore. I would like to see if something could be worked out with the carriers to include one or two bulk pickups a year. I also want to know why we are paying for sanitation pickups that we are not getting.

Mr. Donatelli: I will talk to some of the carriers. The last time we had bulk pick ups, we went bankrupt. I remember that they agreed to take an item on the second pick up of the weeks. I will get back to you on this.

Councilman Calogera: There are residents that are paying for pickups that they are not getting, maybe they could pick up bulk items in lieu of that.

Mr. Donatelli: I will see what I can find out.

D-5 Termination of Manzo lease with leagues. (ET)

Councilman Testino: I received word of the termination of the lease for the Madison Park Little League and the Cougars field from various leagues. I understand that the letter from the trustees for the estate was served on the little league. Jim Cleary is the trustee and he is looking to get this property back from our leagues.

Attorney Ruggierio: Alayne Shepler told me about this last week after a conversation that she had with Mr. Cleary. I spoke to one of the attorneys and was told that it was now incumbent on us, if we want to do something about this, to come up with a proposal. I am not aware of any time condition on this. We sent a note to the Tax Assessor and asked him to give a reasonable value of this property, to see if it was feasible for the township to acquire them. At some point we will come up with a proposal for the council as to how we will deal with this.

President Butler: I think that this is something that we have to be involved in.

Lenny Silvestri, Madison Park Little League: In the middle seventies, Mike Manzo suggested that he help us with our fields, so that he could build tennis courts. He took it upon himself to develop the football field and to relocate the little league field at his own expense. He eventually gave up on the tennis courts.

John Parente: I am the current president of the Cougars. I heard this weekend about Manzo's wishes. I understand that a lease for 99 years was signed when Madison Park was incorporated. I asked Councilman Testino for his assistance on this, I know that this property has been on the Open Space list and I hope that tonight you could fast track this property.

Councilman Testino: We have it on the list and it is our intent to look to the County for some assistance. I would like to address a letter to the County to see what is available. I was hoping that we could use our legal and administration to represent the leagues; pro bono.

Attorney Ruggierio: It seems to me that it might be good for us to take a look at this lease as a first step. I will try to have something to report to the council by next week. I don't get the impression that there is any action taken on the trustees part. The trustee feels that he has this obligation to put the lease on......

Councilman Testino: I would ask that you do what you can. I think that we should get in touch with Joe Criscuolo to see if they responded to that letter. We need to get on the record that we are renewing the lease. We need to get moving with the acquisition of the land and hopefully we will have an answer from the Tax Assessor by next week.

Mayor Cannon: This has been on the wish list since the beginning.

Councilman Testino: Bill, have you seen the lease?

Councilman Maher: I have a lease in my possession from when I was involved with the Madison Park little league. I believe it is a 99 year lease and if Mr. Manzo was ever going to develop that property, he would pay at his own expense to relocate those fields with irrigation and dug outs. Do we have anything in writing from the trustee?

Attorney Ruggierio: The letter that I saw speaks in terms of having heard something about this potential problem. The way that I came away from my conversation with the lawyer was that this was not an immediate issue, but that we should get to work on trying to make a proposal to deal with this.

Councilman Maher: So we do not have anything in writing?

Attorney Ruggierio: That's right.

Councilman Testino: I've seen the letter, it is addressed to Joe Criscuolo.

Councilman Maher: I think we need to get our hands on the letter.

Attorney Ruggierio: I think that the lease will be important to see because what you describe as being in the lease is totally consistent with what Mr. Donatelli told me.

Councilman Testino: You can get it from Joe Criscuolo or Jim Cleary.

Mr. Parente: We are incorporated with the little league and I don't think that we would get a separate letter.

Councilman Maher: We are also talking about the girls softball teams. This is extremely upsetting if they are indeed going to cancel this lease.

Mr. Azzarello: In 1985 Mike Manzo asked me as the mayor, to entertain his cousin Joe Manzo from Italy. At that time Joe Manzo, Mike Manzo, myself and Mary Brown visited those fields where Mr. Manzo indicated what his donation to the community with the fields, there are pictures of this at town hall. That commitment of 99 years was stressed back then, this is certainly something that can be corroborated with those of us that were in office.

President Butler: I want to thank the mayor, Bill and Alayne for jumping on this as soon as you heard about it. We have been talking about purchasing these fields for a long time and I think that the time has come for us to do this. Let's put this on the next agenda.

LIQUOR LICENSES - (9/23/02)

Renewal of 2002-2003 Plenary Retail Consumption License #1209-33-007-003 Janela, Inc. (Inactive) Special Ruling.

President Butler: Do we have all the paper work?

Deputy Clerk Ward: Yes.

REPORTS

R-1 Report of criteria and administration of Police Hiring & Qualifications. (LP)

President Butler: We will hold off on this.

Ms. Shepler: Will you put this on for next week?

President Butler: It will be on the next agenda.

EXECUTIVE SESSION - (9/23/02)

ES-1 Nelson Iglesias (RB)

No discussion.

Public Comments

Mr. Kieran Desai: I would like to thank the council and mayor for taking this show on the road, this makes it easier for other people in town to be involved. I would also like to ask the council to reconsider the ordinance on the sale of cigarettes to minors. As an accountant I have many clients who own retail businesses and this is not fair to punish them for a first offense. It should be more than that. If there is a sign in the windows, people will not patronize the store. Let's make it three offenses in two years. I request that you consider this.

MOTION

To adjourn at 9:30 p.m. by Councilman Redmond, seconded by President Butler and so adjourned on an all aye vote.

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Reginald Butler, Council President

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Rose-Marie Saracino, Township Clerk

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Distributed.