Old Bridge Township, New Jersey - November 13, 2000 Minutes

A Combined Meeting of the Township Council of the Township of Old Bridge was held on November 13, 2000 in the Municipal Complex. The meeting was called to order at 7:32 p.m. by President Maher.

Oath of Office.

An Oath of Office was administered to Richard J. Greene, Ward V Councilman, by Judge Richard Plechner for a term ending December 31, 2001.

Remarks:

Councilman Greene: I thank everyone who has supported me in this election. I campaigned hard, my goal being to knock on every door in Ward 5. Falling short of that, I intend to continue meeting the residents of Ward 5 in a few weeks. I also thank Pat (Piscitelli) and Anthony (Cutrone) for a well-run race, and I ask them to work with me through the next year.

President Maher invited all to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk, Stella Ward, announced that the meeting had been advertised in the Home News & Tribune pursuant to Section 5 of the Open Public Meetings Act and that the next open public meeting of the council will be held on November 20, 2000 at 8:00 p.m.

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

No. 571 Approval of Minutes.

RESOLUTION

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

the following minutes are hereby approved:

September 11, 2000 Regular
October 2, 2000 Agenda
October 10, 2000 Executive

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

ABSTAIN: Councilman Testino.

No. 572 Bill List.

RESOLUTION

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

WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of November 13, 2000 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of November 13, 2000 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 $15,540,970.79 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

No. 573 Bill List.

RESOLUTION

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

WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

No. 574 Bill List. Denied.

RESOLUTION

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

WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

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

AYES: Councilmen Butler, Redmond, Councilwoman Marinaccio.

NAYS: Councilmen Greene, Hoff, Sohor, Testino, President Maher.

ABSENT: Councilman Cucchiara.

Report of the Clerk.

MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, CLERK

The following represents the collections I have made during the month of October 2000:

DOGS:
3149-3188 $349.00

CATS:
456-462 $48.00
#456 Replace #102 $.50

LICENSE:

USED CAR
#273 Stream Motors $350.00

VENDING:

Snack - $5.00 each
#99 -103 Raritan Bay Medical $25.00
#104 U-Haul $5.00

Soda -$10.00
#80-86 Raritan Bay Medical $70.00

Food - $10.00
#9-10 Raritan Bay Medical $50.00

LIMOUSINE
New Way Limo $70.00
Zagalsky $35.00

$605.00

BINGO/RAFFLE
RA - 71-00 Add'l St. Ambrose Home School $40.00
RA - 72-00 St Ambrose Combined Soc n/c
BA - 73-00 Temple Ohav Shalom $90.00
RA - 74-00 OB Education Foundation $10.00
BA - 01-01 St. Thomas the Apostle $10.00
RA - 02-01 St. Thomas the Apostle $10.00
RA - 03-01 Catholic Daughters of America n/c
RA - 04-01 Catholic Daughters of America $10.00
BA - 05-01 Temple Beth Ohr $450.00
RA - 06-01 Temple Beth Ohr $450.00

$1,070.00

SEARCH
207 -211 $50.00

MISCELLANEOUS:
Photocopies $19.25

Total: $2,141.75

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

Report of the Attorney.

Attorney Ruggierio: Today I appeared at the Office of Administrative Law in connection with the Birch Hill appeal that concerns the condition the council placed on the liquor license. I report to you that the judge indicated that by December 18, all parties shall have in their hands stipulated facts. I have told you that although we have other remedies against this entity for the collection of the fire district fines, we have substantial legal problems from the prospective of my research and from the remarks of the judge in using the liquor license as a means to collect those matters. You may be aware that this is close to final negotiation. I drew an agreement which provided for the payment of the fire district fines by the proposed lessee of some of the property owned by the Birch Hill group. Mr. Braslow intends to negotiate the final figures with respect to the interest rate to be paid. It is theirs and not the township's money that would be paid. Messrs. Heilbrunn and Braslow have been in discussions about that.

I have had meetings in connection with the Cheesequake Dam with administrative officials including Mayor Cannon and Administrator Shepler to find a legal way to implement that which is the council's intention. I renew a former proposal (which was viewed as the best course to follow) that the township, if it intends to pursue this course of expending money so that Mr. Shah can get a favorable opinion from me that it would be lawful to spend that money, undertake proceedings for the acquisition of the dam and access to the lake that abuts the dam so that from the standpoint of the township, we have a real estate interest in the property. This would allow us to expend money. I ask the council for an endorsement to prepare an ordinance for the next meeting.

Councilman Hoff: I appreciate your attitude with respect to reparation. This council has passed a resolution to expend $35,000 to help match the state grant of $75,000. This was referred to the Attorney General's office for their approval as to whether or not we have the right to do this. I am sure that in this time, you must have communicated with someone in the State Attorney General's office.

Attorney Ruggierio: I was not here for your vote, but I can you tell you absolutely that the Attorney General's office in Trenton is not going to tell Old Bridge Township whether the expenditure that they propose to make is lawful or not. If you receive such an opinion, it would be an absolute surprise to me. I have not been in contact with the Attorney General's office, but you have all received copies of the letters I have written in the recent past to the Attorney General's office describing the circumstances. I have spoken to them not about the expenditures that Old Bridge would make, but rather about the expenditures that the state would make. You (Mr. Hoff) and others on the council had asked me to communicate with the Attorney General's office and to ask them that if they can expend money, why cannot we expend township money?

I am confident that Mr. Shah will not expend township money over a legal opinion that says that this is illegal. We can continue this debate for a long time or we can undertake steps to acquire the property at which time I could tell Mr. Shah that it was legal for us to spend money in connection with property that we own. If you have an expectation that the Attorney General's office is going to tell Old Bridge Township that it is lawful for them to spend money out of their own treasury in connection with municipal purposes, I think you are wrong. There will not be such a letter from the Attorney General's office.

Councilman Hoff: It has been your opinion from the beginning that this is illegal. You have stated that we would never receive permission to do that. Since that time we have received communication from the legislative judge who thought that this was in order since it was done in other areas of the state. You challenged that because it differed from your opinion. We passed a resolution with a condition that your office would forward it to the Office of the Attorney General for his review. Did you get a review?

Attorney Ruggierio: There has never been a ruling by any judge concerning this matter. There was an opinion to Mr. Thompson at his request based on what I have pointed out that was misunderstood or erroneous information as to whether or not it would be lawful for the governor to appropriate the $75,000 out of their contingency fund. If your question is limited to the question of whether I forwarded that to the Attorney General's Office, I showed you the most recent correspondence which was forwarded to the Attorney General's office along with a request for an opinion concerning the state money which could be helpful or persuasive in this instance.

The council has made a serious decision to commit this money with no waiver concerning it. If you want to facilitate it, we should begin now to acquire rights in the dam and the lake. If not, then we can continue to debate. My view is that this is the only lawful way to accomplish this.

Councilman Hoff: We are only trying to help the residents of Old Bridge which is the feeling of the majority of the council, but you say this is illegal. From the opinions cited various other times as the one handed down as ready by Sam Thompson was that this has been done, and they have found that it is proper for the Township of Old Bridge to help people who need it. This is within the realm of our obligations. I recall that we passed a resolution three weeks ago with the asterisk that we would not spend money unless you received approval. People need help now. We want you to make recommendations that we asked you to make one year ago.

Attorney Ruggierio: There must be one hundred deserving causes in Old Bridge that would benefit from the expenditure of public funds. The question is whether it is legal to expend public funds that you are taking from the taxpayers and use for a purpose. There is a broad range of public purposes that can be used. You know what my advice is concerning that. If your question to me is "did I forward that information to the Attorney General's office?", yes, I did. If your expectation is that the Attorney General's office is going to write to you and say that it is okay for Old Bridge Township to spend this money indicated in a resolution, that expectation is not reasonable because I know of no circumstances where the Attorney General's office would do anything other than to refer you to your municipal legal counsel concerning the legality of spending municipal money.

Councilman Hoff: I would be happy if he wrote this communication to you with a copy to council. If he says we cannot, please tell us in proper form, not verbally.

Attorney Ruggierio: I need a response from the council about my proposal to prepare an ordinance for the next meeting in connection with the resolution of this contentious matter.

Councilman Redmond: Considering all that has happened with the dam, and it seems to be under the auspices of the DEP, why don't we send a resolution to Commission Shinn?

Attorney Ruggierio: There is a proposed resolution on the agenda this evening.

Councilman Testino: Mr. Ruggierio's proposal is better suited for a discussion item later on in the meeting.

Motion

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

Preliminary Public Comment.

Mr. Seewald: I spoke to residents of West Virginia prior to the election. They had predictions that were 100% correct. They said that Bush would carry West Virginia - he did. They said that Senator Byrd was going to win by an overwhelming majority - he did. This has a lot to do with Old Bridge. (Distributes to council an article from Money Magazine contributed by the Harvard School of Business.) Old Bridge ranks last in the amount of money coming in vs. the amount of money we send to Washington, D.C. If Senator Byrd were your senator, you would get federal funds for the dam. Each year I watch us getting beaten and watch the senate seats getting bought. Hillary said she would bring money to New York. If you want money, you need to get the senator and Congressman Pallone on the ball. We are going to continue to rank last in terms of money coming.

Ms. Clavering: A wheelchair bound resident of Laurence Harbor, Mr. Holden, called me to tell me that he had great difficulty entering the polling place in Laurence Harbor to cast his vote because of a large bar blocking the entrance. Several hours passed before a custodian arrived. Mr. Holden is worried about other residents with the same disability not being able to exercise their right to vote.

Councilman Hoff: The custodian arrived within one hour. The poll worker did not know how to disassemble the door which is wheel chair accommodating. There is a center poll which has to be moved, and there were no cars blocking the entrance at the time. He did get the right to vote within forty-five minutes. There was a short hardship that was remedied very quickly. We apologize.

Ms. Clavering: Can the barrier be removed to allow easier accessibility?

Councilman Hoff: I don't believe that the divider should be removed permanently. The delay was only a matter of communication. The divider must remain to retain the integrity of the door jamb.

Proclamation.

Mayor Cannon presented a certificate to recognize Emergency Management Week in light of the fire which occurred at 100 Ticetown Road and the amazing emergency services that were performed.

WHEREAS, township residents are well aware of the constant need for preparedness to handle the adverse impacts of all types of hazards whether natural or manmade; and

WHEREAS, the Old Bridge Office of Emergency Management is responsible for coordinating the township's response to any major emergency or disaster which includes requesting and coordinating assistance with the Federal Emergency Management Agency; and

WHEREAS, the Old Bridge Office of Emergency Management and its volunteers from its earliest days rendered invaluable and courageous service to all citizens of this township; and

WHEREAS, these volunteers stand ready often under difficult circumstances and at great personal risk to protect the lives and property of their fellow citizens.

NOW, THEREFORE, I, BARBARA L. CANNON and the Township Council of the Township of Old Bridge hereby do proclaim November 13 to November 19, 2000 as Emergency Management Week and the Township of Old Bridge encourages all residents to express their appreciation to the Office of Emergency Management for their dedication and hard work.

Budget Presentation - Department Heads.

President Maher: I would like to introduce the budget on November 20. We have put together a schedule of November 13, 20 and 27 wherein four department heads would spend ten to fifteen minutes each night us giving us a very high level overview of their spending plans and some of their major initiatives. We have asked the department heads to write down their goals and objectives.

Ms. Shepler: I have all but a written one from the police department; however, we will have that by the next meeting. We have four (presentations) scheduled for the meeting of November 20. We have law, finance, administration and office of social services, and I do have Tom's.

President Maher: We asked for those goals and objectives by November 9. We have ten to fifteen minutes for each of the departments.

Department of Public Safety.

President Maher: Tell us what the difference is between this and last year's budget paying specific attention to the recommendation that we hire additional resources; major initiatives in terms of the Laurence Harbor beachfront; Cops in the Street; expanding the school program. I would like to hear your specific goals and objectives. We look forward to seeing them in writing.

Chief Palumbo: Captain Cerra will do that. As you know, he prepares and manages our budget.

President Maher: At a very high level, tell us the difference between this and last year's budget.

Capt. Cerra: Under "Other Expenses" last year we expended approximately $446,848; this year we requested $564,700 - the Mayor recommended $491,200. We have added expenses due to equipment that was bought. We purchased a new radio system for $2.5 million. This came with a two-year warranty. We now have to buy a warranty. The bid price was $115,000 per year to cover all that we own. I got them down to $62,175.81 which is 2.5% of what we would pay for the entire system. This does not only cover our equipment, but covers fire and first aid also.

We have three warranties which have to be included in the new radio systems which add up to $23,000 which covers the DanKai Corp, the QED and the Verizon. $7,000 is due to renew the warranty on Dictaphone machines. There are additional expenses that we did not have in the past.

With reference to the amount of personnel, we had requested an increase of one secretary and 12 additional police officers. Last year we had 86 officers, and you gave us enough for 96. We have 97 sworn police officers; 7 of them are in the academy and are "not realized" yet. Four more are in the schools. We operate with 86 officers. We want to get to 108 this year. We realize four in the schools for three months out of the year. That gives us 104. We operate patrol with 44 men; we want 52. The detective bureau is operating with 8; we want 12. Traffic and Safety operates with 3; we want 8 so that we can go to split shifts to have them working more . As requested last year, we need a plan with a minimum amount of men and add one, two or three per year and retain that number. We should plan for a goal and retain that goal. As the population increases, so do our calls. Last year we answered 43,000; this year will be 45,000. There needs to be adequate support services also.

President Maher: What are some of the new programs you would like to implement or expand this year?

Chief Palumbo: Traffic and Safety needs to be expanded. The county has projected May 2001 as the opening of the beach front. That area will have to be staffed. We need to increase officers on all shifts. We cannot respond to non-emergency calls as we used to.

Capt. Cerra: The state has dozens of mandates with respect to reports. When an officer makes an arrest, he has to spend two to three hours completing reports taking this police officer off the road.

President Maher: How much money is in the budget for 12 police officers?

Capt. Cerra: The Mayor approved 4. We had 96 last year, plus 4 equals 100. Under P-68 we originally asked for $250,000 for cars. We also discussed buying the boat with our of forfeiture funds, but we want to lower that to $200,000 because we want to buy a Harley Davidson for Traffic and Safety. I am waiting from word from the prosecutor's office who has to approve all expenditures out of that fund.

Councilman Testino: Has administration worked on the target and the retention number? You believe that 100 is the retention number?

Mayor Cannon: That is financially where we are at now.

Councilman Testino: Capt. Cerra suggested a goal or striving to reach a goal. Have you worked with the Chief so that we can put a plan together to try to have that 100 retention?

Mayor Cannon: We need to do that based on population growth.

Councilman Testino: Let's have an answer prior to next week so that the council knows your direction. Have you evaluated the policing of the possible train station?

Capt. Cerra: No.

Chief Palumbo: I will direct Traffic and Safety to do a study. The roads in that area will never be able to handle the traffic.

Councilman Testino: If we go with that plan as proposed by the developer and/or the other forces, that would have to be calculated in the long-range plan. What equipment did you not receive?

Capt. Cerra: These are warranties for equipment that we currently own. The recommendation was not made not to purchase the warranties, but rather the cuts were made in a generalized tone to say let's cut here and there. This one warranty of $62,000 was supposed to be $115, 000. I did not know about this until June, and my budget request was already submitted.

Ms. Shepler: We added $31,300 for the one half year for the $62,000 that you mentioned for the warranty. We discussed this at the meeting.

Capt. Cerra: I was waiting for something from finance. The warranties need to be paid all at once.

Councilman Testino: You want to be sure that the money is there upon adoption of the budget. We will have that answer by the next meeting. The other differences concern this item only?

Capt. Cerra: It was another $27,000 for the other warranties. One is due this month; one is due in April, June and another this month which was paid.

Councilman Testino: Tell me about the police vehicle rotation, and are you keeping motorcycles on the same rotation?

Capt. Cerra: After you have the cycles for two year, a trade in and purchase can be made for $600.00 each.

Councilman Redmond: Many councilmen vote "no" on overtime. Do you foresee a staffing such that we can eliminate overtime?

Capt. Cerra: The practice in the field nationwide is for every 1,000 there should be two police officers. I believe that we need between 120-130 cops. We operate with 86 officers, the same as last year. You have spent in the first nine pays $280,000 with a projection of $800,000 assuming that the pays are staying where they are now. We should be reimbursed for the situation at 100 Ticetown by the insurance company. There had to be five men at that location twenty-four hours a day. This year we will lose one through retirement.

Councilman Greene: Both Capt. Cerra and Chief Palumbo would like to see more manpower in Traffic and Safety. Speeding through the developments is a problem throughout the township. How would you use the additional officers in Traffic and Safety? We need more police presence.

Chief Palumbo: We place someone in a location, move him and residents know that it will be another month before he returns.

Capt. Cerra: We have 400 miles of road, and only three officers to work the town. The more men you have to operate a special detail, the more areas you can cover. The other officers are answering calls all day. They don't have time to stop and do traffic.

Councilman Greene: I need this commitment before I could agree to more officers.

Chief Palumbo: The three officers average 300 summons per month which means they are in court much of the time. We hoped to have by this time 25 officers on traffic and safety.

Councilman Greene: I have been told that there have been stops for seat belt inspections. It seems that speeding should be more of a priority.

Capt. Cerra: A stipulation in a grant for which we applied is that we have to have seat belt stops advising drivers that they will receive a summons.

Councilwoman Marinaccio: You have four additional officers? Are you looking for them to enter the academy in January? This would be whole or half salary?

Capt. Cerra: Whole.

Councilwoman Marinaccio: The council could be able to put more officers in the academy in January and then address the salary issue next year. Instead of the four, we could actually fund six or seven to go into the academy in January?

Capt. Cerra: I thought that you were referring to my numbers, not the Mayor's numbers. You only have what you spent last year. Her (the Mayor) request increases that by four for the whole year.

Mayor Cannon: The number is 100.

Councilwoman Marinaccio: If we wanted to have six enter the academy in January, half the year is gone. Could we support six in the academy?

Capt. Cerra: No, we actually had 100 for two weeks. We are down to 97. Some of the extra four is spent. How much I don't know.

Councilwoman Marinaccio: If we were to get cuts in other areas, we could afford to put additional officers in the academy in January, and address this for the following year. This is the council's decision on how many.

Councilman Butler: Is there any kind of equipment we can purchase to cut down on paperwork?

Capt. Cerra: We are having a program designed to print reports. The officer can do these reports on the computer. We have not found the money. The officer purchases a lap top and plugs into our modem to print. They can type the reports in the cars.

Chief Palumbo: That may help, but the officer must still operate the functions of the call.

Councilman Butler: Do you need a grant writer?

Capt. Cerra: We are not aware of what is available, and having someone would be wonderful.

Councilwoman Marinaccio: If you were to get a body today to start the academy in January, when would that body be functional?

Chief Palumbo: October.

Councilwoman Marinaccio: If we wanted to increase Traffic and Safety by 2, it will be at least one year for any additions.

Chief Palumbo: We are in the position we are because when we hire, some retire.

Councilwoman Marinaccio: You are still one year away.

Capt. Cerra: The possibility exists where the council can say they would like to see some of the new guys who are getting out to help the Traffic and Safety. The Chief would have to decide.

Councilwoman Marinaccio. We were faced with the same problem with grants while I was on the school board. Through research, we determined that you can use candidates for degrees in those areas to intern to apply for the grants.

Capt. Cerra: With grants come stipulations.

Mayor Cannon: Alayne is looking into a grants persons for various functions of the township. This person would work in commission being paid out of the grants not costing the township any money. We have one individual who has been interviewed, and we are looking at others. We have been diligent in following up on police grants.

Public Works.

Mr. Donatelli: My road budget and buildings and ground is less than last year; recycle is more than last because of the new homes being built. Going through the budget much is the same as last year. I have sent a letter to Alayne about the goals for my department. We are going to attempt to purchase another sweeper. We also want to mark the streets so that residents will know when to expect the service. With respect to snow removal, the salt dome keeps the salt dry. We have 73 vehicles for which we are responsible for maintenance - sanitation, office on aging, code enforcement, etc. White goods recycling constitutes about 60 stops per week. We receive a $50,000 grant from Clean Communities which we use to clean the township roads. We have the prisoners from the county who come in and help us. We supply gas to the police department, MUA, Fire District 1, first aid and all municipal vehicles.

President Maher: Please elaborate on the prisoner program.

Mr. Donatelli: They clean up county and township outlying roads.

Councilman Hoff: Teenagers have been hired by the MUA for years for clean up work. There appears to be a conflict in the Public Works and the Recreation division with respect to this type of help.

Mr. Donatelli: Recreation uses summer help.

Councilman Hoff: He is not doing roads and ditches - no clean up. You have sent kids in to do a much better job. Recreation seems to chase kids away. You maintain all buildings in the complex. Why is the library considering purchasing a pressure washer?

Mr. Donatelli: We do not do their maintenance. They have their own budget.

Mayor Cannon: They have their own maintenance staff. When we talked about bidding for a cleaning service, the library was going to join with us. That fell apart. They hire their own.

We give them a budget; they are semi-autonomous. They show us how they are spending the money. They are regulated by statute.

Ms. Shepler: Under state law we have to give them a certain percentage by mil. They always come to this council and ask for funds above and beyond what is required by the state statute. They are a free public library governed under a different statute. The employees are unionized.

Councilman Hoff: What formula determines how much money they get?

Mr. Shah: That number is based on the assessed valuation.

Attorney Ruggierio: I believe the library building belongs to the Township of Old Bridge, but under the same statute, once custody and control is given to the library, we essentially have no jurisdiction over this.

Councilman Hoff: I believe we have jurisdiction over the library, and we need to determine if it is our responsibility to maintain the exterior of the building. Is the police, road department or the health department different? If these are all a part of the municipal complex, so too is the library. I ask the attorney to show me differently. The maintenance of the exterior should be done by our public works department. I don't believe they have a right to have a kingdom within a kingdom. I ask the attorney to explain to me why this body is autonomous.

Councilman Testino: I believe that the township council, if offering more, has the ability to negotiate on the budget.

Attorney Ruggierio: That is true if you are giving them more than . . .

Councilman Testino: We have jurisdiction over them and may ask them to do certain things the council would like done, i.e., name a building or use our public works department to maintain their exterior. Public works may have a charge back from the library. Perhaps we should have an interlocal agreement.

Councilman Butler: I compliment Mr. Donatelli and his staff for doing a tremendous volume of work. Prior to 1992 what was the employee level in public works?

Mr. Donatelli: 39.

Councilman Butler: What is the employee count today?

Mr. Donatelli: 33.

Councilman Butler: Do you have a wish list?

Mr. Donatelli: I will request a new sweeper during the capital portion of the budget.

Ms. Shepler: At the League conference on Thursday morning, Mr. Donatelli will be honored by the NJ American Public Works Association as Superintendent of the Year at a breakfast at 8:00 a.m.

Consent Agenda.

No. 575 Bingo/Raffle

RESOLUTION

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

WHEREAS, the following organizations have made application to hold, operate and conduct a Bingo/Raffle; said applications being in accordance with the statutes relating thereto.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Clerk is hereby authorized and directed to issue to the applicant the following licenses:

BA 05-01 Jewish Community Center of Madison Township (Beth Ohr)
RA 06-01 Jewish Community Center of Madison Township (Beth Ohr)
RA 07-01 St. Bernadette's Knights of Columbus
RA 08-01 St. Ambrose Combined
RA 09-01 Southwood School PTA

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

No. 576 Supporting communities for safer guns.

RESOLUTION

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

WHEREAS, the Township Council is aware of the gun violence which occurs in the country each year; and

WHEREAS, the U.S. Department of Housing and Urban Development has invited Old Bridge to join the Communities for Safer Guns Coalition; and

WHEREAS, the Coalition is aware that many of these tragedies could be prevented through reasonable distribution and design reforms on the part of responsible firearms' manufacturers; and

WHEREAS, the Coalition requests that the Township pledge to support using as a criteria in our firearms purchasing a consideration of whether companies have agreed, at a minimum, to adhere to a new code of responsible conduct; and

WHEREAS, this code provides for safe gun designs and a distribution system that make it harder for guns to get into the hands of criminals and children; and

WHEREAS, this consideration will apply only to equipment that meets law enforcement needs and only to comparable equipment available a comparable price.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Old Bridge supports the Communities for Safer Guns Coalition.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

No. 577 Supporting Office of Environmental Services matching grant program.

RESOLUTION

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 Environmental Protection's Office of Business and External Affairs administers the Environmental Services Program (ESP), matching grants program to provide financial assistance for local environmental projects; and

WHEREAS, the statutory authority for the ESP is the Environmental Aid Act

(NJSA 13:H-1 et seq) which authorizes the DEP to issue local matching grants from $1,000.00 to $2,500.00 to Environmental Commissions; and

WHEREAS, the Old Bridge Environmental Commission desires financial assistance for a Parcel Mapping Project for the Town Center District integrating existing maps, open space data base, including the Greenway data; and

WHEREAS, the Old Bridge Environmental Commission requires a commitment from the Old Bridge Council to appropriate $2,500.00 in the 2001 Budget to match said funds being applied for to perform the necessary work pursuant to ESP guidelines; and

NOW, THEREFORE, BE IT RESOLVED that the Old Bridge Township Council supports said application and authorizes the submission of same to the NJDEP Environmental Services Program by the Old Bridge Environmental Commission to obtain said grant;

BE IT FURTHER RESOLVED that the Township Council of the Township of Old Bridge authorizes Mayor and Clerk to endorse such application and Blanche D. Hoffman, Chairperson of the Old Bridge Environmental Commission to act as Old Bridge's agent in all matters pertaining to the application; and

BE IT FURTHER RESOLVED that the Old Bridge Council agrees to appropriate funds in the amount of $2,500.00 in the 2001 budget to match those being created by the NJDEP and ESP, allowing the Old Bridge Environmental Commission to perform said work.

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

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

Councilwoman Marinaccio, President Maher.

NAYS: None.

ABSENT: Councilman Cucchiara.

No. 578 Authorizing the relocation of a legal bus stop at Bushnell Road.

RESOLUTION

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

pursuant to NJSA Title 39:4-197 certain parts of roads, highways, described herein shall be and hereby are deleted as "No Parking Bus Stop" zones:

Along Rt. 516 westbound on the northerly side thereof at:

Bushnell Road - Near Side

Beginning at the easterly curb line of Bushnell Road and extending 105 feet easterly there from.

BE IT FURTHER RESOLVED that this resolution shall take effect upon approval of the Commission of Transportation as provided by law.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

No. 579 Awarding professional services contract to SSI for consulting services for the police radio system not to exceed $4,500.00.

RESOLUTION

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

WHEREAS, the Township Council wishes to award a contract for consulting services with regard to the police radio system to SSI Services; and

WHEREAS, SSI Services is located at 826 North Lewis Road, Suite 3, Limerick, Pennsylvania 19468.

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. SSI Services is hereby awarded a contract for consulting services with regard to police radio system in an amount not to exceed $4,500.00.

2. The award of the contingent upon the issuance of a Certification of Availability of Funds No. 933 certifying the existence of a sufficient appropriation to fund the said contract.

3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.

This resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

No. 580 Authorizing memorandum of agreement between Old Bridge Public Works and Old Bridge Sanitation Union Local 255, TCU, AFL-CIO.

RESOLUTION

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

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Memorandum of Agreement between the Township and the Old Bridge Public Works and Sanitation Union, Local 255, TCU, AFL-CIO be adopted; and

BE IT FURTHER RESOLVED that a comprehensive collective bargaining agreement shall be prepared and adopted with the attached changes.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

No. 581 Authorizing foreclosure on the Walko property.

RESOLUTION

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

WHEREAS, the Township of Old Bridge has acquired a certain tax sale certificate relating to Block 1003, Lot 40, on the tax map of Old Bridge (Walko Property); and

WHEREAS, the Township Council wishes to authorize foreclosure In Rem pursuant to NJSA 54:5-104.35.

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 tax list annexed to this resolution is hereby incorporated by reference.

2. The township attorney or special counsel appointed are authorized to foreclose the tax sale certificate listed on the annexed tax sale list pursuant to NJSA 54:5-104.35.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

Township of Old Bridge Division of Tax Collection - Tax Foreclosure List - Calculated to September 30, 2000

No. 1 Current Owner: Walko

Location: 40 Delray Place Property Class: 2

Acreage: 25X80 Blk/Lt : 40/86182

Cert No.: 86182 Tax Sale Date: 12/29/86

Book/Page: 4985/825 Cert Am't: 18567.80

Subseq. Liens: 25,766.49 Amt. Redeem:44,334.29

Current Assessment: 63,000

No. 582 Requesting the DEP to reevaluate its position regarding the Cheesequake Dam.

RESOLUTION

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 Environmental Protection has informed the residents of Cheesequake Village that certain repairs must be made to the "Cheesequake Dam" pursuant to its authority under New Jersey State Law; and

WHEREAS, the residents of Cheesequake Village are primarily senior citizens living on fixed incomes, and

WHEREAS, the "Cheesequake Dam" is a privately owned homemade structure which no longer serves its intended purpose of irrigation; and

WHEREAS, Township Council of Old Bridge believes that the residents of Cheesequake Village will be unduly burdened should they be forced to bear the responsibility for repairing the "Cheesequake Dam"; and

WHEREAS, the Township Council of the Township of Old Bridge has heard testimony from numerous residents of Cheesequake Village; and

WHEREAS, the Township Council of Old Bridge has expended great amount of time and effort to address the concerns of the residents of Cheesequake Village and would like to facilitate a fair resolution of the "Cheesequake Dam" problem; and

WHEREAS, the Township Council of Old Bridge questions whether the repairs ordered by the DEP are necessary and whether any intervention by the DEP with regard to the "Cheesequake Dam" is warranted at this time.

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 of Old Bridge requests the Department of Environmental Protection to reevaluate its position with regard to the "Cheesequake Dam" and assess whether the DEP's ordered repairs are truly necessary and whether any intervention by the DEP is warranted in light of all the facts which have been brought to the attention of the DEP; and

BE IT FURTHER RESOLVED that the Township Clerk send a copy of this resolution to the New Jersey Department of Environmental Protection, Governor Christine Todd Whitman, US Senators Robert Torricelli and Frank Lautenberg, Congressman Frank Pallone, State Senator Joseph M. Kyrillos, and Assemblymen Samuel Thompson and Joseph Azzolina.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

No. 583 Authorizing increase in Contract 00-18 to Coffman Trees from $10,000 to $30,000.

RESOLUTION

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

WHEREAS, the Township of Old Bridge previously awarded Contract No. 00-18 to Coffman Tree Service for tree removal services; and

WHEREAS, the Township Council wishes to increase the contract for tree removal services to the Coffman Tree Service.

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 Contract No. 00-18 previously awarded to Coffman Tree Services is hereby increased in the amount of $30,000.00

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 931 certifying the existence of a sufficient appropriation to fund the said contract.

3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township attorney shall review any and all contractual documents prepared in furtherance of this award.

This resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

No. 584 Awarding Contract No. 00-38 for arena games to Loco Amusements, Inc.

RESOLUTION

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

WHEREAS, the Township of Old Bridge advertised and received bids for Contract No. 00-38 for arena games for the Arena Family Entertainment Game Room; and

WHEREAS, bids were received and opened on September 20, 2000; and

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

WHEREAS, the contract will be for a 50%/50% split on all games and a 40%/60% split on any product dispensing machine; and

WHEREAS, W. Thomas Badcock, Director of Parks and Recreation and Social Services has recommended that: a contract be awarded to Loco Amusements, Inc. located at 262 Arnold Avenue, Oceanport, New Jersey 07757 as they submitted the only bid.

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. Loco Amusements, Inc. is hereby awarded a contract with a 50%/50% split on all games and 40%/60% split on any product dispensing machines in accordance with the specifications advertised therefore.

2. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township attorney shall review any and all contractual documents prepared in furtherance of this award.

This resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

No. 585 Authorizing emergency temporary budget appropriation for FY 2001 - $35,000.00.

RESOLUTION

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

WHEREAS, there will be a delay in the adoption of the 2001 Township of Old Bridge, County of Middlesex, 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, New Jersey that in accordance with NJSA 40A:4-20, an emergency temporary appropriation be and same is hereby made for in the amount of $35,000.00 and that: said emergency temporary appropriation shall be provided in full in the 2001 budget. (See attached)

Current Budget

Other expenses $35,000.00

Total $35,000.00

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

No. 586 Establishing schedule of Township Council meetings for 2001. TABLED

RESOLUTION

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

WHEREAS, the attached schedule of Township Council meetings for the year 2001 is hereby approved.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

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

President Maher: The Clerk is suggesting that: our regular meeting scheduled for Monday, February 12, be moved to Tuesday, February 13 because of Lincoln's birthday.

Councilman Testino: I don't mind two meetings in July, but I suggest having one meeting in August.

Mayor Cannon: The Jewish holidays starts the 17th.

No. 587 Authorizing Old Bridge to enter into a Cooperative Purchasing Agreement for the purchase of energy. TABLED

RESOLUTION

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

WHEREAS, NJSA 40A:11-11(5) authorizes contracting units to enter into Cooperative Pricing Agreements; and

WHEREAS, the Electric Discount and Energy Act (NJSA 48:3-49, et al) and the Interim Government Energy Aggregation Program Standards adopted by the Board of Public Utilities permit local government units to join together for the purchase of electric generation service, gas supply service, electric related services and gas related services (hereinafter referred to as "Energy"); and

WHEREAS, the County of Middlesex (hereinafter referred to as the "Lead Agency") has offered voluntary participation in a Cooperative Pricing System for the purchase of electric generation service; and

WHEREAS, the Township of Old Bridge, County of Middlesex, State of New Jersey desires to participate in the Middlesex County Cooperative Pricing System for the purchase of electric energy.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that:

TITLE

This resolution shall be known and may be cited as the Cooperative Pricing Resolution for Electric Energy for the Township of Old Bridge.

AUTHORITY

Pursuant to the provisions of NJSA 40A:11-11(5) the Township of Old Bridge is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency.

CONTRACTING AGENCY

The Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (NJSA 40A:11-1 et al) and all other provisions of the revised statues of the State of New Jersey applicable to the Middlesex County Cooperative Pricing System for the purchase of Energy.

EFFECTIVE DE

This resolution shall take effect immediately upon passage.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

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

President Maher: I have been in touch with the finance director, and I suggest this be tabled until we have more information.

No. 588 Authorizing return of earnest money re: Barsel property.

RESOLUTION

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

the release of bids that were received in connection with the sale of Block 17000, Lot 27.112 are hereby rejected. The Township Council exercises its right to reject all bids in favor of its decision to sell the property to the Old Bridge Township Housing Authority; and

BE IT FURTHER RESOLVED that the Mayor and Finance Director are authorized to return the sum of $20,400.00 with interest to the successful bidder.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

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

Councilman Sohor: I have been researching what is required in acquiring this property, what the COAH and housing and urban development regulations, etc. I have follow up questions to questions that I asked and received answers to from the Housing Authority when they were before us on the 16th. Does anyone here from the Housing Authority want to address these questions? I suggest tabling this resolution and the resolution adopting the Agreement of Sale with the Housing Authority. The unresolved questions I have are the reasons a number of you used to vote in favor of selling this property.

Councilman Testino: I have been asked questions from Housing Authority members about the terms and conditions of the contract. I believed they were going to write to Mr. Ruggierio. I suggest that we have a caucus meeting with the Housing Authority and the two legal members so that we understand the contract. I have read what Mr. Ruggierio proposed believing it to be a good draft. What the Housing Authority proposed is a good draft. I don't believe that there is a meeting of the minds. I request a committee be appointed to answer Mr. Sohor's questions and to get these drafts in line with each other.

President Maher: We received a letter dated November 9 from Lane Miller, Housing Authority Attorney, wherein he suggests forming a subcommittee consisting of council members and representatives of the Housing Authority. I recommend the appointment of Messrs. Greene, Testino and Redmond to serve this committee.

Councilman Hoff: I move to table DR9 and DR10 until there is a resolution.

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

Councilman Sohor: I request that the Clerk send a note to the Housing Authority inviting them to be present the council meeting next Monday.

Councilman Testino: Why not get the answers beforehand? Can you put your questions in writing?

Councilman Sohor: This is follow up to the testimony that was given to us, and some of that was inaccurate.

President Maher: Mr. Greene, are you willing to serve on this committee?

Councilman Maher: Yes, and I thank you for appointing me. I intended to vote against this issue because previously I asked for an arrangement whereby we could sit down and work out the details. I felt as if I were being rushed.

Attorney Ruggierio: There is a legal issue of jurisdiction. Given the controversy that surrounds this, I don't believe that there will be a problem. I advised Mr. Miller after seeing his letter that under our form of government the Mayor negotiates contracts; the council approves contacts. That is a shared power. It is necessary for the council to make it clear to the Mayor what your point of view is. I suggest that your committee serves as a liaison to the Mayor, but the Mayor ultimately has to negotiate this.

I expected that by tonight's meeting there would have been an agreement to present to you. I hope that you believe that I acted promptly to get an agreement drawn up to cover that the items mentioned previously. I suggest that the Housing Authority Attorney get with the Mayor as soon as possible to tell us what problems they have with the draft of the agreement that I drew.

President Maher: I suggest that we have the council sub-committee meet with the Housing Authority sub-committee and present the facts to the Mayor and council next Monday.

Councilman Testino: There is no reason not to have the Mayor at the meeting.

President Maher: Mr. Ruggierio, you are invited to tend this meeting also. I looked the contract presented to the Housing Authority which looked like it would take twenty-four months to negotiate it. There are many terms and conditions. This was a bullet proof contract, but you would think that we were doing business with the Soviet Union.

Attorney Ruggierio: When I came to Old Bridge, there were still a number of pieces of property in the hands of private properties where the objective of the council in conveying the property never occurred. All I tried to accomplish is bullet proof. There are deadlines that exist, but if someone cannot comply, that can be buried. You need to be careful not to be too easy even though it is a sister agency within the municipal government. Whether it is a private developer or the Housing Authority, you have to hold their feet to the fire to get what you expect from them.

President Maher: Let's save the dialogue for the sub-committee meeting of the Housing Authority, the council, the Mayor and Mr. Ruggierio.

Mayor Cannon: I shall be the meeting.

No. 589 Adopting the Agreement of Sale with the Housing Authority re Barsel property. Tabled

RESOLUTION

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

that the attached Agreement for the Sale of Real Estate (Block 17000, Lot 27.12) is hereby adopted by the Township Council; and

BE IT FURTHER RESOLVED that Mayor and Township Clerk are hereby authorized to execute the documents necessary to implement this agreement. The Township attorney shall review any and all documents prepared in furtherance of this agreement.

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

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

NAYS: None.

ABSENT: Councilman Cucchiara.

No. 590 Awarding Contract No. 00-36 to Gallant Construction Co. for Civic Center renovation in the amount of $580,000.

RESOLUTION

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

WHEREAS, the Township of Old Bridge advertised and received bids for Contract No. 00-36 for the Civic Center basement renovation; and

WHEREAS, bids were received and opened on October 18, 2000; and

WHEREAS, the Township Council wishes to award the contract for the Civic Center basement renovations to the lowest responsible bidder; and

WHEREAS, W. Thomas Badcock the Director of Parks, Recreation and Social Services has recommended that a contract be awarded to Gallant Construction located at One Jocama Boulevard, Suite 1A, Old Bridge, New Jersey 08857 as they submitted the lowest responsible bid.

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. Gallant Construction is hereby awarded a contract for the Civic Center basement renovation in the amount of $580,000 in accordance with the specifications advertised therefore.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 932 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

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

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

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

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

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

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

AYES: Councilmen Butler, Greene, Hoff, Redmond, Councilwoman Marinaccio, President Maher.

NAYS: Councilman Sohor.

ABSENT: Councilman Cucchiara.

ABSENT PODIUM: Councilman Testino.

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

Councilman Sohor: Do I recall objections to the award of this contract to this vendor?

Attorney Ruggierio: I have been given two assignments in connection with this. I resolved the first question in favor of the bidder indicating that it was appropriate to award this bid to this bidder. The second question was raised recently and had to do with the fact that this bidder did not bid on certain alternates. I am not in a position to give advice about that tonight. I thought that we would review it before the contract was signed by the Mayor. The question that is being asked by the design engineer was that he noticed when he was going through the alternates, that two or three were not bid upon, but that on alternate No. 4 a price was given. The question may come down to whether that is material because the alternates that were not bid upon are not work that we intend to award. This question requires me to dig into the public contracts law.

Councilman Sohor: I want to know what the alternates were that the engineers wanted included.

Attorney Ruggierio: Alternates are included in the bid because they hope that if there is enough competition, and the price is cheap, they will be able to include additional items into the cost. This did not apply in this case. They were only able to include alternate No. 4.

Councilman Redmond: The consultant quoted a number, but the bids came in over that. This is the lowest bid. If we delay this any longer, we will have to rebid.

Attorney Ruggierio: It has been mentioned to me that many of these higher level builders are not bidding on municipal work because there is so much work out there, or when they do bid, they bid high.

President Maher: We have a letter from MJB Barone, the engineer who developed these specifications, advising us to award the contract because Gallant Construction was the low bid. Barone is the design a