Resolution #172

RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE NEW JERSEY LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. 58:11b-9(a) AND N.J.S.A. 40A:2-26(c)

BACKGROUND

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

WHEREAS, the Township of Old Bridge, County of Middlesex, New Jersey (“Township”), desires to make application to the New Jersey Local Finance Board for its approval of the Township's 2004 New Jersey Environmental Infrastructure Trust financing pursuant to (i) N.J.S.A.58:11B09(a); and (ii) N.J.S.A.40A:2-26(e); and

WHEREAS, the Township believes:

(a) It is in the public interest to accomplish such purpose

(b) said purpose or improvements are for the health, welfare, convenience or betterment of the inhabitants of the Township

(c) the amounts to be expended for said purpose or improvements are not unreasonable or exorbitant; and

(d) the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the Township and will not create an undue financial burden to be placed upon the Township.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, AS FOLLOWS:

Section 1. The application to the New Jersey Local Finance Board is hereby approved; and the Township's Bond Counsel, Solicitor and Auditor along with other representatives of the Township, are hereby authorized to prepare such application and to represent the Township in matters pertaining thereto.

Section 2. The Township Clerk is hereby directed to prepare and file a copy of this resolution with the New Jersey Local Finance Board as part of such application.

Section 3. The New Jersey Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by the applicable New Jersey law.

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

AYES: Councilmen Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilman Butler, Gillespie, Maher

RESOLUTION NO. 273

ISSUING NEW PLENARY DISTRIBUTION LIQUOR LICENSE #1209-44 NEW

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

WHEREAS, application has been filed for anew plenary Retail Distribution License, License #1209-44-NEW; by Vasanta K. Perkari for premises located at 428 Lloyd Road, Aberdeen, New Jersey (inactive), Old Bridge Township, New Jersey; and

WHEREAS, the submitted application form is complete in all respects, the fees have been paid; and

WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations, promulgated hereunder, 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 fees have been paid;

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge does hereby approve the issuance of the aforesaid plenary retail distribution license effective January 26, 2004 and does hereby direct the Township Clerk to issue the license certificate to the new ownership as follows: “This license subject to all of its terms and conditions, is hereby issued to Vasantha K. Perkari effective January 26, 2004.

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

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

AYES: Councilmen Calogera, Gillespie, Greene, Testino, Volkert, President Baker

NAYS: None.

ABSTAIN: Councilwoman Panos

ABSENT: Councilmen Butler, Maher

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

Councilman Testino: How long does this guy have to find a location for this license?

Deputy Clerk Ward: I believe it is till July.

Attorney Convery: There is no date in the resolution, the only item mentioned is no go-go dancing. I will look it up and advise the Council.

Councilman Greene: This is a package store not a consumption operation, so I would hope there would be no go-go dancing.

Deputy Clerk Ward: The only reason for this resolution is that the ABC required three separate resolutions for this brand new liquor license and this is one of them in the phase that was not done.

Councilwoman Panos: Are we voting on this license? I don't like taking action at Agenda meetings. I know you say we have three resolutions to pass, but we have until July or August to do it?

Deputy Clerk Ward: No, we do not, they have until July or August to find a location for this license. The ABC requires these resolutions now. We did not and they came back and told us they needed three separate resolutions as soon as possible. They have one resolution on file this is another step that they wanted done regarding the resolutions.

APPROVAL OF MINUTES:

March 1, 2004 – Agenda Meeting

PROCLAMATION

Old Bridge High School Cheerleaders

ORDINANCE FOR FIRST READING

FR-1 Ordinance amending LDO Chapter 7, Section 7-3(G)(3) “General Zone Bulk Requirements” “Permitted Signs in Office District” of the Land Development Ordinance of the Township of Old Bridge.

Move-up

FR-2 Adoption of Lease Ordinance for Capital Equipment Lease – Middlesex County Improvement Authority 2004 Capital Equipment Lease Program.

Move-up

Councilman Testino: What is our schedule for getting the lease together and getting the money in so we can start the programs?

Natasha Turchan: The bond counsel for the MCIA has not given us the full schedule. The only thing they request is that by May 7th we submit our Annual Financial Statement and some supplemental information and after that they will provide the full schedule.

Councilman Testino: So we don't need this in any particular time frame?

Natasha Turchan: They did not specify a time frame, but they will be going to the Local Finance Board sometime in July or August.

FR-3 Ordinance to create a Re-development Agency.

Move-up

Councilman Greene: This is the time to discuss this matter. I would like some clarification on what re-development agency this is.

Councilman Gillespie: This would be to propose a new re-development agency. This ordinance is borne out of in part a desire to move the re-development agencies forward and move the redevelopment forward with one particular agency charged with that responsibility. The EDC which to date has been what I would consider the lead agency, especially on the re-development of Crossroads Property is not able because their organization is not able to function as the re-development agency going forward, so I proposed we create a new one to fulfill those functions. I would like to see the EDC retain a role in that process and I have some ideas that I want to discuss with the EDC board prior to bringing it forward to the Council. The EDC by virtue of its size, membership and a lot of other reasons, it is not able under the law to be designated a re-development agency and to continue that project forward.

Councilman Greene: What you have not clearly stated this has everything to do with the 500 acre O&Y Property. You did mention Crossroads, but this is what it is all about. Can you tell me how many members you envision to be part of this re-development agency and how the membership will be consisted?

Councilman Gillespie: My understanding is that it would be seven members and it would be made up of appointments from the Mayor and Council. We can certainly get you more detail breakdown prior to next week.

Councilman Greene: I would appreciate more information and in all due respect, since this is a unique situation I would like the opportunity to revisit this at the next meeting even though it is a regular meeting. I think it is significant and important and I would like to continue the discussion on Monday.

Councilman Gillespie: I will try to answer any questions this evening and if I cannot I will try my best to have the answers prior to next week.

President Baker: If you have the answers prior to next week please send them in memo form and it will possibly avoid questions.

Mayor Phillips: Councilman Greene alluded to the fact that this pertains basically to the Crossroads at Old Bridge, but that is not necessarily true. We have two other re-development areas that we are trying to develop, one is the golf course and the other is Mannino Park. The reason I was tardy tonight was that I was at the Board of Freeholders meeting. On their agenda for Thursday is a resolution to award Old Bridge Township a three million dollar grant for development of a YMCA at Mannino Park. Part and parcel of that process is that there has to be a redevelopment agreement. That agreement will be between Red Bank Community YMCA, which at this point in time is the YMCA of choice and the Township of Old Bridge, which will specify the ways and means the facility will be financed, the manner in which it will be run a multitude of things that will be incorporated into that agreement. That agreement has to be negotiated by someone and it is my hope that the redevelopment agency will in fact be that entity. Patrick has discussed with me the role that EDC will play with the redevelopment agency and insists that EDC will be at least an advisory body. In the same way, I envision that the YMCA committee be considered at least an advisory body in that factor and the same for the golf course committee when it comes to negotiating that entity. It is just not the Crossroads, although the Crossroads is the most financially important to the town, but anywhere there is a redevelopment area there should be a redevelopment agency.

Councilman Greene: I know that we talked about it before and I supported it for the YMCA and golf course.

Mayor Phillips: The vision that I have for it we will have a redevelopment agency which will be responsible for the redevelopment areas that we designate in town; three that are being considered are Crossroads, golf course and the YMCA's participation at Mannino Park. With this three million dollars that we would have as a grant, together with the money we have bonded for infrastructure improvements going into Mannino Park and we have the County presently under design of the intersection improvements at Owens Road, so all of this is timely and I think it is time to form this agency.

Councilman Greene: I just think that it is unfortunate that this agency is tied into three projects because as you know I have concerns with the Crossroads project.

Mayor Phillips: Understand this, no matter what the agency may do once it is formed regarding redevelopment agreements, must in fact be approved by the Council, so you don't abdicate your responsibilities in this.

Councilman Calogera: Legally can we have one redevelopment handling three different projects? I thought that one entity could only handle one project at a time.

Councilman Gillespie: What we cannot do is assign different agencies the same project. We can have multiple agencies doing redevelopment projects and we can have an agency do more than one. What we could not do is say the Council is going to do the redevelopment area and the redevelopment agency is going to do the same area. The agency itself certainly can handle multiple projects and we cannot confer redevelopment rights more than once to different agencies.

Councilman Calogera: Isn't the Housing Authority already a redevelopment agency?

Councilman Gillespie: The Housing Authority has not been conferred for redevelopment responsible entity status by this governing body for any project.

Councilman Calogera: But, it is a redevelopment agency created by the township, correct?

Councilman Gillespie: It was organized and created as a redevelopment agency, however, it has not been assigned any redevelopment project.

Councilman Calogera: Would it not be more expeditious to go to an agency that already exists which is sanctioned by this body; why reinvent the wheel? Also, I want to say that there is no back-up on this item, all I have is a sheet of paper with first reading to create redevelopment agency and that is it. I have a lot of questions because we do not have a lot of property left in Old Bridge and this property is owned by the taxpayers and it could be potentially up to $40 million dollars in value to us. I would very cautiously like to work my way through this and make sure that we are doing it right and come out with a satisfactory amount to the township and its residents to help offset taxes.

President Baker: What I am hearing is a commitment from Councilman Gillespie that he will get something to us in some type of memo for further clarification.

Councilman Calogera: I think that information should have accompanied the request for this item tonight. I think this is premature and I would like to have the documentation that goes along with this ordinance so I could have studied it and gone into some pertinent questions.

President Baker: I don't disagree with some of what you are saying. We are not voting on this tonight. All we are doing is moving it up and so long as we get back-up by next week, I don't see a problem with that.

Councilman Testino: I think that it is appropriate for Patrick to put it on in this fashion only because we have to ask the attorney to draft such an ordinance and I believe it will be an extensive undertaking on his part. That is one reason why you don't have a set of documents, we have to move it up so he can start working on it. I do think it should be a priority. I want to add that many towns have housing authorities and separate redevelopment agencies so that their task can be focused and they can become primary providers of that particular function. I think this is the case where we need that primary provider because we are talking about some highly specialized documents that need to be drafted. You might think that it is just an agreement, but these are action packed documents that may play out over a 10-20 year period and those that are eventually hired along with the planners of the input on these documents should be of a caliber that we already have at the EDC, so I am hoping that we look to that type of people. We need to have people who are familiar with the financing industry, economic development so that when we get to the point of appointing people that is what I will be looking for. When you get down to talking about the YMCA, we have to in some sense live up to our commitment to the Red Bank YMCA and we have to make sure they deliver on their commitment. I want to thank the Mayor for his efforts in getting us the $3 million dollars I know that he has been championing this cause even before he was the mayor and it's a job well done. I think that we have to show a success plan before we can tap into that money. I know that we have our portion of the money from the bonding ordinance, we had money in another bond so we are set and ready to go with Old Bridge's part of the pot. The County has a part now so all we need is the Red Bank YMCA to come in and tell us how much money they raised and whether or not they see fit to leverage what we have on the table to actually get us an aquatic center in this town that can be used for all walks of life whether it be the high school swim team or the therapy program for the seniors. I think we are moving in the right direction when it comes to being in a position to build and get things done. I agree questions need to be answered, but I agree with the recommendation that we should have a specific entity focusing on the redevelopment agreements. I ask that Mr. Gillespie provide us with the information as soon as possible so that we can look at and if we have questions, we can submit them to Mr. Convery. I know that the other portion is to go to the Local Finance Board and does anyone have an idea as to the time table on that?

Councilman Gillespie: We also have on the agenda a resolution to prepare a package to go to the Local Finance Board and again generally when you get a package in there is a month lag before they work on it.

Councilman Testino: I hope that we can get as many questions out on the table before the next meeting so that we can start getting some answers back. If we get on for the June meeting will we be heard?

Councilman Gillespie: We don't know, sometimes the Local Finance Board's agenda are 9 pages and if the board members have questions they could defer the application. Again, if I am being overly cautious in some of my answers, it is because I want to have the opportunity to spend some time with Mr. Convery and prepare thoughtful answers so that we will be ready to go on Monday.

Councilwoman Panos: There are some questions I have. I don't understand why we are rushing this, we do have a redevelopment agency in town, I would like to know what their realms are so that they could be part of a redevelopment agency that can encompass Mannino Park. If we have a redevelopment agency in place I would rather build from that than start anew. I would like to know the structure of this agency, will salaries be paid to a director, attorneys, secretaries, is this going to cost us money? Also, is this the demise of the EDC? I don't need an answer now, but these are some of my questions. In this redevelopment agency will the professionals being hired come under the laws of the pay-to-play?

Councilman Gillespie: I was not a party to all the pay-to-play discussions and I don't know if the Mayor's Executive Order extends to any of our authorities currently. I would presume that this agency would be treated no different than the other independent agencies or authorities.

Councilwoman Panos: Well can I have an answer about the other independent authorities? You can give me the answers on Monday.

Councilman Calogera: I think the point here is it is a great undertaking and to get a blank piece of paper regarding the creating of a redevelopment agency, needs more, maybe even a workshop before we move forward. It can be done expeditiously and I am more than willing to meet to discuss this frame work, I just cannot vote yes to move on something that may involve $40 million dollars in projects with a blank piece of paper, it is not reasonable.

Councilman Greene: To be brief, I say the same thing, I think that we have to adjust the rules and be able to discuss this. There are a lot of open questions and I think that we should make a commitment that at the next meeting we have an open discussion and all the questions are answered before we move forward.

Mayor Phillips: This is an ordinance for first reading it is not an ordinance to adopt. As a matter of fact we cannot adopt this even for second reading until the Local Finance Board has approved it. Therefore, you have between now and maybe June, July, August or September for second reading to answer all of your questions and get everything resolved and decide whether you are going to vote in favor of this or not.

President Baker: Nothing is going to happen on this ordinance until second reading and we have plenty of time and I must tell you I am about done with this so can we move on?

LIQUOR LICENSE

LL-1 Place-to-Place Transfer – Old New York, Inc., #1209-33-005-010

Move-up

CONSENT AGENDA

C-1 Parade – Lakeridge Memorial Day Parade & Pool Opening on Saturday, May 29, 2004 (start time 11:00 A.M.) (Rain date, Sunday, May 30, 2004)

C-2 Parade – Annul Laurence Harbor Memorial Day Parade on Monday, May 31, 2004, starting time 9:30 A.M.

C-3 Permission to hold 2nd Annual Lakeridge Loop 5K Race & Walk on Monday, May 31, 2004 (Kid race by pool to start at 9:30 A.M. – 5K Race & Walk at the Pool club 10:00 A.M.) Entire Race/Walk takes place pool side of the Lakeridge Development

C-4 Permission for the Old Bridge Elks Lodge #2229, Inc. 67 Amboy Road, Old Bridge to hold a Mass Assembly Picnic on Sunday, July 25, 2004 – 10 AM - PM to raise money for Elks Camp Moore

C-5 Permission to hold a Fireworks Display at Old Bridge Raceway Park on Saturday, June 5, 2004; Friday, June 18, 2004; Saturday, July 3, 2004; Wednesday, July 7, 2004; Wednesday, August 4, 2004, Saturday September 18 2004.

C-6 Professional Services Contract for Jeff Lehrer, Esq. in the amount of $8,000.00 To represent Old Bridge Planning Board re: Old Bridge Planning Board/Raceway Park Litigation vs. Township of Manalapan (Cert #1225) (Affirm. Act.)

C-7 Resolution urging the State “Property Tax Reimbursement Program” be revised to Provide a tax freeze for qualified senior citizens.

C-8 Resolution to accept CDBG Action Play FY 2004

C-9 Approval for Change Order #1 to Quality Electric Purchase Order #241513 for Additional work required for Ernston Road Commuter Parking Lot lighting Repairs in the amount of $444.00 (Cert. #1226) (Affirm. Act.)

C-10 Resolution to accept resignation of Lawrence Redmond from the Housing Authority

C-11 Resolution to acknowledge the 35th Annual Municipal Clerk's Week

C-12 Resolution for acceptance of Middlesex County Grant – Residential Maintenance/Safe Housing Grant

C-13 Permission to hand three horizontal banners on GUP poles advertising the Old Bridge Public Library summer' reading program. Banners to be hung on May 12, 2004 and removed June 14, 2004.

C-14 Permission to hand a horizontal banner on GPU pole advertising Raritan Bay Medical Center 25th Anniversary for the Old Bridge Division and promote free carnival and health screenings – Family Day, Saturday, June 12, 2004. Banners to be hung on May 12 2004 and removed on June 14, 2004

C-15 Resolution awarding contract to ARBE Landscaping, Inc. for Drainage Improvements Miller Ave - $9,500.00 (Cert #1227) (Affirm. Act.)

C-16 Resolution awarding professional services contract to Environmental Resolution Inc., re Brunetti/Oaks Old Bridge Planning Board Litigation in the Amount of “Not to Exceed” $5,000.00. (Cert. #1229) (Affirm. Act.)

C-17 Award of Professional Services contract to Maser Consulting Co, Matawan For Municipal Tennis Court Repair/resurfacing - $12,000.00 (Cert. #1228) (Affirm. Act.)

C-18 Resolution authorizing the Mayor/Administration to apply to the Local Finance Board for the creation of a redevelopment agency

C-19 Proposed settlement Cedar Ridge I Bonding Release

Move-up all Items

APPOINTMENTS

A-1 Parking & Transportation Committee Term Expires 12/31/04 (Council Appointment)

A-2 Housing Authority Term Expires 5/31/09 – Council Appointment

A-3 Housing Authority Term Expires 5/31/05 - Council Appointment – Fill vacancy of Lawrence Redmond.

Councilman Greene: Do we have resumes for all these appointments? I have an individual that would like to serve on the parks & rec. committee and I would like to discuss this with you.

President Baker: I am not aware of any opening.

Councilwoman Panos: I have never seen a resignation letter from Mr. Redmond.

President Baker: A copy will be provided to you.

Himanshu Shah: Tonight we distributed a joint memo from my office and John Vincenti with regard to the CDBG public hearing. We have requested that the final action be taken on May 10 for the CDBG Plan instead of tonight.

PUBLIC PORTION

President Baker: I would like to open the meeting to the public. Seeing no hands, President Baker closed the public portion.

CDBG GRANT APPLICATION

Councilman Gillespie: I just want to say with respect to the CDBG Grant Application, I understand that the Housing Authority has contracted with the Housing Coalition to provide housing counseling services and Mr. Ruffley gave me some additional information in that regard. I would like to see the plan amended to delete that expenditure and instead spend that money on the food bank.

Attorney Convery: I think the Council is on notice as to what Councilman Gillespie would like to do. This item is on for official action on Monday, so at that time when it is presented for vote, Mr. Gillespie could make a motion to amend it and then if that succeeds, then you would vote on the final submission. I would recommend that be done on May 10th.

EXECUTIVE SESSION

ES-1 Proposed Settlement between the developer of Cedar Ridge Homeowners Association and The Township of Old Bridge (Cedar Ridge II)

ES-2 Hallock vs. Old Bridge

RESOLUTION NO. 274

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

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

1. Cedar Ridge Homeowners Association Inc. (Woodland Trails Inc. Litigation)
2. Hallock vs. Old Bridge

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

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

AYES: Councilmen Gillespie, Greene, Testino, Volkert, President Baker.

NAYS: None.

ABSENT: Councilman Maher

ABSENT PODIUM: Councilman Butler, Calogera, Councilwoman Panos

MOTION

Motion to adjourn at 9:30 p.m. made by Councilman Testino, seconded by Councilman Greene and so ordered on the following roll call vote:

AYES: Councilmen Butler, Calogera, Gillespie, Greene, Testino, Volkert, Councilwoman Panos, President Baker

NAYS: None.

ABSENT: Councilman Maher

______________________________
William Baker, Council President

______________________________
Rose-Marie Saracino, Township Clerk

vo
dist.

Township of Old Bridge
1 Old Bridge Plaza
Old Bridge, NJ 08857
Main Phone: 732-721-5600