OLD BRIDGE TOWNSHIP COUNCIL

REGULAR MEETING

A Regular meeting of the Township Council of the Township of Old Bridge was held on November 27, 2000 in the Municipal Complex. The meeting was called to order by President Maher at 8:04 p.m. 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 open public meeting of the council will be held on Monday December 4, 2000 at 8:00 p.m.

Roll call by Deputy Clerk Stella Ward, showed the following members present: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Testino, Councilwoman Marinaccio and President Maher. Councilman Sohor arrived at 8:20 p.m.

APPROVAL OF MINUTES

RESOLUTION #595

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

WHEREAS, the following minutes are hereby approved

October 16, 2000 - Agenda

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

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

NAYS: None.

ABSENT: Councilman Sohor.

Bill List

RESOLUTION #596

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 27, 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 27, 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 $18,474,768.50 (General Fund)

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

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

NAYS: None.

ABSENT: Councilman Sohor.

Bill List

RESOLUTION #597

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 27, 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 27, 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 $1,341,982.16 (Payroll).

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

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

NAYS: None.

ABSENT: Councilman Sohor.

Bill List

RESOLUTION #598

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 27, 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 27, 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 $97,441.26 (Overtime).

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

AYES: Councilmen Butler, Cucchiara, Redmond, Testino, Councilwoman Marinaccio.

NAYS: Councilmen Greene, Hoff, President Maher.

ABSENT: Councilman Sohor.

Prior to the vote the following discussion took place

Councilman Testino: The council introduced that budget last week and made adjustments for the overtime allowance in the public safety department, since I anticipate the adoption of the budget and since the majority of the council agreed with the allotment I will be voting yes on the overtime until the allotment is used up.

Councilman Redmond: I would like to thank the Human Relations commission for the wonderful program that they put on Friday.

Report of the Attorney

Attorney Ruggierio: I received a letter from the attorney for the Housing Authority proposing to incorporate some of the changes that I suggested to him. He asked that I respond to him by December 6^th and I was going to write a letter to him and copy the council. He is going to meet with the Authority on December 14^th so that they can respond to my suggestions. I will make it clear that these are my suggestions in terms of the modifications. Once I give you my response, if you have any input I think that you should give it to me and then after he meets with the Authority on the 14^th, we can have the meeting that we tried to have tonight.

Councilman Testino: I don't think that I want to wait until the 14^th to have that meeting I am asking the Clerk's office reschedule this for this week. Bill, please keep that in mind while you are responding to this letter.

Attorney Ruggierio: I will be happy to send someone because I won't be available for the next ten days. If council's interest in moving this forward faster than Mr. Miller's schedule indicates is based on your anticipation on this money in this year's budget, there is an issue about that and I would be happy to discuss it when you thought it appropriate. Under both Mr. Miller's and my proposed contract there is a due diligence period of about six months, so you would not be able to anticipate the money in this budget year. I have to discussed this with Mr. Shah and indicated to me that Trenton would disallow this anticipation of revenue. There was discussion that council did anticipate it in this year's budget.

Councilman Testino: I didn't vote for this budget. My reason for moving this forward is that this has been sitting on the shelf for too long and I would like to do something on this, this year.

President Maher: I thought there was a meeting tonight.

Councilman Testino: The Housing Authority said they didn't have enough notice and couldn't make the meeting.

Councilman Redmond: I will make sure that I am available for the next meeting, this is too important. Who was responsible for notifying the Authority?

Councilman Testino: I understand that the Clerk's office said that they did notify them.

Councilman Hoff: Have we had any response from the Attorney General's office on the $35,000.00 that we allocated for the Cheesequake Dam?

Attorney Ruggierio: No we have received nothing. Council has a copy of everything that was sent to the Attorney General's office on this subject matter. I suggested two weeks ago to acquire the dam as public property and we are still waiting for Mr. Iglesias; who has been ill, to draw up the easements. I will forward any response from the Attorney General's office.

Councilman Hoff: We need to pursue this to the fullest.

Attorney Ruggierio: I'll inquire about the status. I have told you not to expect the Attorney General's office to render a legal opinion as to what the Township of Old Bridge can or can't do. I have been told that a deputy attorney was working on this.

Councilman Greene: When can we expect the $360,000.00 from the Houran settlement?

Attorney Ruggierio: The payments will not be made until all claims are resolved, it could be some period of time. I can't give you a better answer then that.

Councilman Greene: When can we anticipate recouping the money we put out in the Global Landfill case?

Attorney Ruggierio: I have sorted out the different insurance policies that we would be covered under and have sent out a letter to get my adversaries in this case to agree to the insurance coverages that are involved. I've gotten relatively positive responses although I did get one negative response on my chart of coverage's, it was from Hartford Insurance and they deny covering two of the years I listed. I am going to try and straighten it out and if I cannot, we may have to file suit. My prediction is that we should see the money by next July or August. I can't settle this one by one without the danger of not being able to collect the whole amount.

Councilman Redmond: How much is the premiums on these policies?

Administrator Shepler: These are old policies. We are now in the Joint Insurance Fund.

Councilman Redmond: It seems that we buy insurance policies and have to sue to get paid and that we require performance bonds and we have to file suit to enforce the bonds. Why do we bother when wind up having to pay legal fees?

Administrator Shepler: That is one of reasons that we are fortunate to have in house counsel.

Attorney Ruggierio: You have to identify the insurance coverage in effect when this pollution started and when you discover you might be responsible. In this case it was relatively easy because we knew that we started taking trash to the landfill in 1968 - which is called the commencement of contamination and the discovery was somewhere around 1985. That time period is called the trigger period and all the policies within that time period are triggered so that you have to identify the policies and coverage's. After you do all that there is a complicated formula; under two supreme court cases, where you do an analysis of what each insurance policy is obligated to pay. I can settle with six or seven of these policies but I don't want be in a position of where I made a wrong judgment about this allocation, and at the end of the day I would be short money. The reason that I said that we may have to file suit is if I am in a litigated situation and I have a court order, where a judge actually makes these complicated determinations, even if we are wrong and the appellate division revises it, we still have everyone at the table in a courtroom.

Councilman Hoff: I spoke to the president of Cheesequake Village and he informed me that T&M Associates are doing the rough design work. He wanted me to let the council know.

MOTION

To accept the report of the Attorney by Councilman Butler, seconded by Councilman Hoff and so ordered on the following roll call vote:

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

NAYS: None.

Preliminary Public Comments

Anthony Cutrone: On behalf of the Old Bridge Basketball Association I would like to thank you for getting us much needed gym time. There is another basketball league that is competing with our organization for gym time, they have created a team, we have asked them several times to come under out umbrella and they have refused. We feel that the town should support the established organized leagues in town and not let any disgruntled parent create leagues. I have noticed in the recreation budget there is $25,000.00 budgeted for the basketball league. This is not true.

President Maher: We put an extra $25,000.00 for extra weekend usage of the gym.

Councilman Testino: Could Tom look into what Mr. Cutrone is talking about regarding the gym time?

Mr. Badcock: I am been working with Anthony.

Lucille Panos: The Old Bridge Youth Guidance is collecting things for the Veterans in the schools. I encourage Old Bridge residents to donate to this cause. There is something wrong with the traffic light on Brookside Avenue and Englishtown Road. It takes so long for the light to change that people are going through it.

Councilman Cucchiara: That light is a "trip light" and in order to for the light to change you have to "trip" it. You cannot make the turn from the other lane in order to "trip" the light you must pull up and through the sensor. (At this time Councilman Cucchiara illustrates this action on the blackboard)

Anita Clavering: I am hear to speak about legislation sponsored by Assemblyman Michael Patrick Carroll that will eliminate rent control throughout that state of New Jersey. I am here to tell you that the residents are united and firmly against this legislation. We are asking the Mayor and Council for your guidance and support to fight this legislation.

John Ferrara: I have thirteen signatures from Madison Arms. The senior tenants want to express their opinion on this legislation. I will give you a copy of this. (copy given to Councilman Butler). Every three years this is an issue, I think that we should put this down once and for all.

Zara Wilson: I am here to make a plea to end this legislation to end rent control. I would make a request to this council to vote down this legislation.

Councilman Butler: I would like to thank the tenants that came out tonight. I have over 200 signed petitions for this. I will be sending a letter to the Governor and the powers at the Democratic and Republican parties and I will include the petitions.

George Koehler: I am chairman of the Planning Board and there have been some articles in the newspaper questioning the character and integrity of the board. I am sure that you all recognize that the people on this board take the job very seriously, more importantly we have all taken an oath to uphold the law of the State of New Jersey. I do not take these allegations lightly. I think that it is necessary to assure the people that the function of the planning board is to administer and oversee the land development ordinance of the Township of Old Bridge. We don't make the law and we don't create housing, we oversee and administer what is passed by the Town Council. In this particular case, the council, which was constituted some years ago is the ordinance that we are presently administering. From that perspective I want to say that I take great umbrage when there is suggestion that we are not going to do our job properly. I want to remind the council that is our function is to review site plans. For some agency or authority to suggest that process should be circumvented and eliminated is entirely incorrect.

CERTIFICATE OF APPRECIATION

Ed Troike

Mayor Cannon: Ed is the Director of the Old Bridge Public Library and he will be leaving us at the end of the month. I would like to present him with a certificate of appreciation that reads:

With sincere appreciation for your hard work and effort. You are to be commended for five years of productive and innovative work at the Old Bridge Public Library.

HEARING

H-1 Release/Reduction of Performance Guarantee - Primavera Estates (Request for postponement by attorney) Renotice by certified mail/regular mail.

President Maher: The request to postpone this came in Wednesday, before the holiday. If there is anyone here from the public to be heard on this, I will hear them because they are not notified of the postponement. (No hands were raised)

Administrator Shepler: I am a resident of Primavera Estates and there were three residents here but they left when they saw the agenda.

MOTION

To postpone the hearing until February 20, 2001 and for the developer to renotice the residents by certified mail by Councilman Hoff, seconded by Councilwoman Marinaccio and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

LIQUOR LICENSES

LL-1 Person to Person & Place to Place Transfer - Fairway Plaza

License #1209-33-022-004 to Ruby Tuesday

RESOLUTION #599

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

WHEREAS, application has been filed for a person to person transfer and place to place transfer of Plenary Retail License No. 1209-33-022-004, heretofore issued to Fairway Plaza Liquors and Bar, Inc. (INACTIVE) for premises not sited to Ruby Tuesday Inc. for premises to be located at 1352 U.S. Route #9 Southbound, Old Bridge, NJ; and

WHEREAS, the submitted application form is complete in all aspects, 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 and 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 the place to place transfer of the aforesaid plenary retail consumption license effective November 27, 2000 and does hereby direct the Township Clerk to endorse the license certificate to the new ownership as follows: "This license, subject to the terms and conditions, is hereby transferred to Ruby Tuesday, Inc, 4721 Morrison Drive, P.O. Box 160266, Mobile AL, 36609 effective November 27, 2000.

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

Prior to the vote the following discussion took place

Paul Stagler: Attorney for Ruby Tuesday's: We will answer any questions.

President Maher: Where will this be located?

Mr. Stagler: In the Lowe's Home Improvement Center.

Councilman Testino: Do they require the 1000 feet waiver?

President Maher: All the agencies have signed off on this.

Councilman Testino: Has anyone looked at this?

President Maher: We can vote on this subject to the certification that it is not in conflict with the 1000 feet rule.

Councilman Greene: Will you be able to enter the shopping center from Route 9 and also Perrine Road?

Mr. Stagler: Yes.

Councilman Redmond: I would like to welcome you to Old Bridge, my 8 year old is a huge fan of the restaurant.

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

MOTION

by Councilman Hoff for the Township Council to be included in the Certificate of Appreciation for Ed Troike of the Old Bridge Public Library, presented by Mayor Barbara Cannon, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

BUDGET PRESENTATIONS

Tax Assessor (Brian Enright)

Brian Enright: There is really no major variation in my budget, the only thing I did was cut it down. My requested budget and the Mayor's recommendation, which I agree to is basically 18% less then last years budget and 11% less then was actually spent last year. The three major components that I have are: legal fees for the tax appeal attorney; my appraisal consultant and $29,106.00 for a contract with Vital. Vital is my computer vendor and that is the annual maintenance and upkeep of my computer system. We have reduced by $10,000.00 the legal defense of tax appeals. We have further reduced the tax appraisal attorneys from $50,000.00 to $35,000.00. I was trying to gauge what would be spent but it was a little difficult. The presiding judge of the tax court; Judge Andrew is retired and the case load is very backed up. I have three or four cases coming up in December, so you will see those numbers starting to go up. What the Mayor has recommended should be sufficient.

President Maher: What do you want to accomplish this year?

Mr. Enright: What I have been doing is actively maintaining assessments, that has been one of my goals to keep the assessments as close to true value as possible. Because of the dramatic upswing in the market, builders can't build houses fast enough and the prices keep going up. In order to maintain that maintenance program, it would require a very wide scale adjustment of assessments. The reason is that I am reluctant to do that is because there is a bill in the NJ Legislature, sponsored by Senate Conners, which will prohibit assessors from doing maintenance. My opinion is that this is the politicians way of controlling what goes on in the assessors office. In South Jersey there were a group of home owners who were unhappy with the annual revision of their assessments and they convinced Senator Conners to sponsor this bill. There is a provision on the bill currently that would make it retroactive. What happens then is that we have already billed the money and the County and School taxes we will lose. There is a huge fiscal liability to raising assessments this year if that bill passes. I have another month to see what happens.

President Maher: Have you written a letter in opposition of this bill?

Mr. Enright: We have a very active Assessors Association and a lobbyist.

President Maher: Are they opposing it?

Mr. Enright: To a certain extent. I am in the minority of those who feel that this is something that an assessor should do. Most assessors don't like to do it. I think that the League of Municipalities is opposed to it.

Councilman Redmond: Do you roll back the assessments when the market goes down?

Mr. Enright: Part of the program is keeping the program current, whether its up or down.

Councilman Redmond: Have you ever brought the assessments down?

Mr. Enright: Every year there are areas that have gone down. That is the reason that I am opposed to this bill. The whole point of the program was so that I would have the control to move that assessments up or down as was necessary.

Mr. Shah: Can you explain what happened in 1991 when the assessments were lowered by 300 million dollars?

Mr. Enright: In 1990 there was a reassessment done in town, between 1990 and 1992 we had roughly 3000 appeals and we lost 300 million dollars in ratables. To this date we still haven't gained it back yet. If you pay attention to the market, there is no reason for that to ever happen again.

Mr. Shah: What is the total tax value of that 300 million dollars today?

Mr. Enright: About 5 ½ million dollars.

Councilman Greene: That wasn't an overnight occurrence, that was something that took effect several years prior to that.

Mr. Enright: That is the way that it should of been but it actually was an overnight occurrence because in 1989 the assessments were roughly at 60% value. The town applied to and got approval from the State to do an official reassessment. In 1990, overnight the assessments were doubled.

Councilman Greene: My point is that, you had to reassess them overnight but the economy didn't change over night. The economy halted for several years and caused the property values to decline and then you had to recognize it 1992.

Mr. Enright: I wasn't the assessor then but that is what happened in the town.

Councilman Greene: The township does benefit from a maintenance program, if this legislature passes and we can no longer perform this maintenance, how does the township adjust for the value of the houses?

Mr. Enright: It is not only the municipality, one of the larger aspects is felt in the schools. The equalization ratio, which is what will drop as values go up, the ratio of assessments to true value goes down and the lower the equalization ratio, the less money the State will get for school aid equalization purposes. For that aspect alone and the school portion is the largest portion of the tax bill. The other aspect is tax appeals, the farther you get away from 100% the more tax appeal attorneys start salivating. Right now we are roughly at 88 but I think that we are going to appeal that this year but once the ratio starts getting down to the low eighties the tax appeal attorneys come out of the woodwork.

Councilman Cucchiara: What is the residential and commercial assessed value of the township?

Mr. Enright: Slightly under three billion dollars.

Councilwoman Marinaccio: Will it be helpful if we send a resolution opposing this bill?

Mr. Enright: It would help me and it would help the taxpayers of Old Bridge.

Opposing Senate Bill 1334 and Assembly Bill 2947 - Tax Reassessments

RESOLUTION #600

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

WHEREAS, State Senators Leonard T. Conners, Jr. and James S. Cafiero have sponsored the introduction of Senate Bill No. 1334 in the New Jersey State Senate and Assemblymen Jeffery W. Moran and Christopher J. Conners, have sponsored the introduction of identical legislation, Assembly Bill No. 2947, in the New Jersey Assembly; and

WHEREAS, these bills propose to amend the law of the State of New Jersey to require municipal tax assessors to reassess or revalue the entire taxing district in order to ensure uniform tax valuation; and

WHEREAS, these bills, were they to become law, would significantly restrict the ability of municipal tax assessors to maintain fair and accurate assessments; and

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 strongly opposes Senate Bill 1334 and Assembly Bill 2947; and

BE IT FURTHER RESOLVED that a copy of this resolution be sent to Governor Christie Todd Whitman, State Senators Leonard T. Connors, Jr., James S. Cafiero, Joseph M. Kyrillos, Jr. and Assemblymen Jeffrey W. Moran, Christopher J. Connors, Joseph Azzolina and Sam Thompson.

Moved by Councilwoman Marinaccio, seconded by Councilman Testino and so ordered on the following vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Redmond.

BUDGET PRESENTATION

Library ( Ed Troike)

Mr. Troike: I would first like to thank you for your certificate of appreciation. The budget that we presented to the committee in September was for a total of $1,588,018.00 plus the Township also pays $190,000.00 for our health benefits. In that amount we asked for increases to a number of areas, most was in salaries, which was contractual. We had also asked for increases in some of the services, both to expand pre-existing and establish some new ones. There was an increase of $2,000.00 to the AV budget, we would like to start carrying DVD's. The other main increase was $13,000.00 to our utilities. Last year our utility bills totaled $87,000.00 and this year with the prediction of increased gas prices we are asking for the $13,000.00 increase which gives us a total of $94,000.00. The mayor's recommendation has taken out most of the increases. We had asked for $91,961.00 over the previous years budget and what was given to you had a cut of $ 58,000.00 from what we asked for. We were asked to cut $23,000.00 from salaries, mainly allowances for sick time and vacation time.

Mr. Steve Goldman: The total increase that the Library Board asked for was $91,000.00, contractually with the union we have a $74,000.00 increase which really leaves us with an increase of $17,000.00. On the utility bill, where we anticipated spending about $94,000.00, this year we have spent $87,000.00. This was a very warm winter that we had last year, which we don't expect to be the case this year and we have been notified that there will be a 17% increase in utility costs. It is impossible for us to run a building of this size with a lowering of the budget. I think that we are one of the best libraries in the state. Our patrons are demanding more and more technology. The only way that we purchase these things is funds, we cannot exist keeping the library open seven days a weeks for almost the entire year. We are open about 65 ½ hours a week, this is a full time library and if we do not have the funds we cannot keep the library open. In the package that we handed out you will see that the friends of the library provided over $12,000.00 for us for programs for which we didn't have funds for in our budget. Middlesex County average of local tax support per capita is $33.28, the state is $29.12, East Brunswick is $59.04 and Old Bridge is $22.07. Less than the others and yet we manage to maintain one of the finest libraries in the state. If we don't have funds we are going to be forced to close the library, not open on Sundays or not able to give the patrons what they are looking for. You guys paid a lot of money for this Eagleton report which said the service that the patrons want are increased services, not decreased services.

Dr. Steven Lipp: I am the treasurer, and I go over every single bill and we try as hard as we can to keep costs down. The cost of shipping has gone up, the trucking companies have added surcharges on because of the fuel costs. Starting January 1^st the postage is going up one penny. We sent out about 150 letters on overdue books a month, that increase is not even anticipated in here. The cut of $15,000.00 is all the extras that Ed asked for, which we went over with you in the workshop in September. We have a tremendous request for business software which is very expensive, we asked for $3,000.00 for that, it was cut out. All our requests for new AV collections was cut out. What we are being asked to do is go flat on our budget with no increases.

Councilman Testino: We introduced the mayor's recommendation, we didn't change it.

Dr. Lipp: I know you didn't.

Councilman Testino: So you want us to increase it over her recommendation?

Dr. Lipp: Yes.

Councilman Testino: So you don't agree with what she did.

Dr. Lipp: I explained this at the budget workshop and I thought it was well received and that is why I was surprised when I got a call Wednesday at 3:30 in the afternoon telling me that we were cut $58,000.00. We sat down tonight with Himanshu and we may be able to do something with the sick and vacation. You have to remember that if someone is out sick, we have to bring someone in to cover that area, so we have to pay for the person who is coming in and the person that is out sick. If the cuts go through, we will have to sit down with our board and see what we will do, something will have to give.

Councilman Testino: Doesn't the mayor sit on your board?

Dr. Lipp: Yes. The mayor has been very supportive of us and we just have a disagreement and that is why we are appealing to you.

President Maher: Has the library joined a cooperative energy sharing agreement with any of the other libraries in the state?

Dr. Lipp: We thought that we were going to do it with the township.

President Maher: Have you looked into rather than sending out late notices through the mail, purchasing an auto dialer for the past due books?

Dr. Lipp: There is a bigger problem and that is that we are losing about $300.00 a month in lost books.

Ms. Peterson: We deal mostly with answering machines. We had a campaign in the summer that we were forgiving the over dues fees, we just wanted the books back. I would like to compliment Mr. Cucchiara for his suggestion about using the township's car pool for our courier service. That has worked out very well. As for the $58,000.00 cut, we are not saying that Himanshu or the mayor are being unduly harsh with us, it is just some of the assumptions that they've made with their calculations have been off. The $23,000.00 in the sick and vacation time, the finance department based that on the last four months when the library has been closed 1 day a month for July and August, we think it was an a-typical data that they used. About two weeks ago a council member suggested that our maintenance be taken over by public works.

Councilman Testino: I think that it was just about buying a power washer and not taking over your entire maintenance.

Ms. Peterson: They were going to power wash our building. Public works politely declined.

Mr. Troike: I think that the ordinance regarding fines needs to be updated. The fine for a book is now $25.00 which is much less then our legal costs to take them to court.

President Maher: I think that you have made your point that the $58,000.00 in cuts will create a hardship. We will take a look at that.

Councilman Cucchiara: You are keeping your maintenance people, correct?

Dr. Lipp: Yes.

Councilman Butler: How much is your lost book revenue?

Dr. Lipp: $300 a month.

Councilman Butler: Is there anyway that these people can be tracked down and pay the money that they owe?

Mr. Troike: The fine is only $25.00, it is hardly worth it to track these people down and take them to court. If they do try and register at another library within our consortium we will find out, if they move to NY we won't.

Councilwoman Marinaccio: It doesn't matter who gets the blame if these cuts are made, the whole township suffers if the services are cut. That is what we need to be concerned about on this council. Last year they budget $8,000.00 for the telephone and the actual was $13,356.00, you can't ask them to budget $8,000.00 again. I think that we seriously have to look at this budget.

Councilman Greene: You asked for $91,000.00 increase over last year and the administration is giving you $35,000.00 over, so the cut is actual what you asked for and what you got from the administration. It doesn't reflect a budget reduction.

Mr. Goldman: It does, we have a $74,000.00 increase in contractual salary.

Councilman Greene: It also includes a mix of other things. All I wanted to say was that you asked for a $91,000.00 increase and you were given a $35,000.00 increase, what we are bargaining over is actually an additional $58,000.00.

Mr. Goldman: If we asked for $91,000.00 and $74,000.00 is contractual, we are only asking for $17,000.00 and part of that is to heat the building. We are looking to maintain, not increase.

Councilman Greene: I just want to clarify the cut. What is the state mandated allocation that the township must give you?

Mr. Goldman: The township exceeds the state minimum requirement. However it does not exceed what the state or the county gives.

Mr. Troike: The formula that they use has not been updated in many years.

Councilman Hoff: If the council adopts the mayor's recommendation, why are you coming to us, she's your girl?

Mr. Goldman: She is not our girl.

Councilman Hoff: She is on the library board.

Mayor Cannon: I would like an apology, first you won't let me speak...

President Maher: You will be able to speak later.

Councilman Hoff: Who told the maintenance people that their jobs were going to be eliminated?

Mr. Goldman: Patrons of the library.

Councilman Hoff: How do patrons know what your budget process is?

Mr. Troike: Several patrons were very upset about the possibility that the maintenance staff would be cut. That was their understanding of it and that is what they told me.

Ms. Peterson: Our maintenance staff does more than maintenance, our custodians design and build trees and such for our summer reading program. They have a relationship with the patrons.

Councilman Hoff: Are the two people who sent the letter part of the custodian staff?

Councilman Cucchiara: No, this all started with the power washing, we said that you better know what you are doing with it because you can destroy the building. Somebody said "let's take a look at getting someone from public works to power wash the building". We didn't want to spend money for a power washer until we knew that was how we would take it off. That is how this got blown out of proportion, saying that we were running around looking for people to do away with the maintenance staff.

Councilman Hoff: Why don't you bring your fight to the people that gave you the problem, the council didn't give you a problem. The administration did.

Mr. Goldman: The council is the final vote on the budget.

Councilman Hoff: Well we follow the mayor's direction.

Mr. Shah: You don't follow it on everything, Mr. Hoff.

Councilwoman Marinaccio: Is the $74,000.00 in the payroll contractual?

Mr. Shah: We don't have the back up data on that. Ed would be able to give you that. When the administration reviewed the library's budget, they made recommendations because we have a difficult task of coming up with the final rate of the tax increase. As you go through the budget you will see the department's request and what the mayor recommends are very different. If we had followed all the department request, you would be looking at a couple of million more dollars in the tax increase. The $58,000.00 that was cut, $23,000.00 was in salary, the balance is in other expenses. We are not cutting the entire $74,000.00 in their budget. We made recommendations to the council of the $58,000.00 cut back in July, this is not something that is a surprise to anybody, the library received this back in July. I think there is confusion about the meeting with the committee and the council, at that point they felt that the council was receptive to restoring some of these increases. In terms of the salary calculation that Ms, Peterson referred to and that I was mistaken, I went over these numbers with Ed twice today and they are kind of in agreement with it. Their concern is not the salary as much as the energy costs, in July the energy increases was not much of an issue. As you know we asked you to increase the gasoline budget $20,000.00 before you introduced the budget. We stand behind what we recommended to the council.

Councilwoman Marinaccio: Are you still recommending the $23,000.00 cut in salary?

Mr. Shah: I believe so. I crunched numbers with Ed and he believes that they could survive this year and is concerned about the effect of the reductions in the following year.

Mayor Cannon: I am the mayor of the whole township and I have to review the budgets of all the departments. This year I expressed to the library board as I did to all the departments that it was an exceptionally tough year and that we were going to hold everyone's feet to the fire. Every budget that has come before you has expressed the fact that they have been cut below their requests. While I appoint the library board, I have stressed that they are independent thinkers, that is why I put them there, they are not there as my puppets and I am not their girl. The library is very dear to my heart but I have to look at the whole town and the whole budget and how the township will able to support it. Some of the numbers that are being put forth here, don't quite jive. We know that there is a concern with the energy costs, we think that we can cover it, if the council wants to an additional $10,000.00 or $12,000.00 we think that we can find a way to cover that. This is not the year to ask for enhancements, we told every department that. I can't treat the library any differently even though they are near and dear to my heart.

Councilman Redmond: I think what Ms. Peterson said was that sick time calculation was done on a time period where the library was closed one day. I am concerned about that and the $76,000.00 salary increase that is contractual, will we be able to cover that?

Mr. Shah: The salary cut was $23,000.00 and it has nothing to do with their contractual salary. In addition to the contractual base salary that they pay, they also have additional help and overtime. One of the issues is paying coverage while someone is out sick - that is $47,000.00 we feel that is a pretty high number. We feel that everyone has to contribute to the reductions, if you look at the mayor's proposed budget, it increases the library by $34,000.00. I understand their position and that they want to give better services but we have to look at all the departments.

Mr. Goldman: If the council were to just give us the $74,000.00 contractual increase, we could make due.

Councilman Sohor: Prior to Mr. Goldman being the treasurer of the library board, I was proud to serve as treasurer for seven years. We have a library that has developed a statewide reputation for service. It bothers me that we are looking at making life more difficult for the operation of library with a relatively small cut. The library is one of the most used facilities in the township, it see traffic from the moment it opens until it closes. I understand the reasons that the administration has for wanting to cut as much as they can from every departments budget. Certainly the ten cent tax increase is a large burden to put on the residents. I would suggest that at the appropriate time we restore to the library's budget $50,000.00 that they requested. In overall terms that comes to about 88 cents per person in the township, the effect on the tax rate is a fraction of a penny. That is one small expenditure that affects a large number of people. I hate to spend money that we don't have to but I think that this is money well spent and I don't think that we will see much opposition from the taxpayer.

Councilwoman Marinaccio: I agree with that.

BUDGET PRESENTATION

Legal Department (William Ruggierio)

Attorney Ruggierio: My budget is relatively simple, the amount of other expenses were reduced by 4,400.00, the salaries have relatively normal increases although there was an additional merit increase to my top paralegal. That is the only change.

President Maher: Thank you.

Public Comments limited to the Consent Agenda

Monte Seewald: I think that you should add the money to the library budget, it is of great importance to the township.

Councilman Testino: Do we need to take a vote on Mr. Sohor's motion?

President Maher: He said at the appropriate time.

Councilman Testino: We will have to publish if we are going to add.

Mr. Shah: You can't do anything until the public hearing.

Mr. Pagnotta: What are council comments?

President Maher: That is when we can bring things up that are not on the agenda.

Seeing no hands President Maher closed the public portion.

Consent Agenda

Bingo/Raffle

RESOLUTION #601

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 applications 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 Clerk is hereby authorized and directed to issue to the applicants, the following licenses:

BA10-01 St Thomas Home School Association
BA11-01 St Thomas Altar Rosary Society
BA12-01 St Thomas the Apostle Church
BA13-01 St Thomas Holy Name Society
BA14-01 St Thomas the Apostle School

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

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

NAYS: None.

ABSENT PODIUM: Councilwoman Marinaccio.

Renewal of License - Old Bridge Raceway Park, Inc.

RESOLUTION #602

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 license for Old Bridge Township Raceway Park, Inc. is hereby renewed for the year 2001 subject to the following:

• Old Bridge Raceway Park, Inc make periodic announcements requesting that patrons refrain from disposing litter on the roads when exiting the park and that the patrons leave the park and drive through the town in a quiet and orderly manner; and

• No unmuffled motors will begin prior to 10:00 a.m. and that unmuffled racing will cease at 10:00 p.m., with the exception of three (3) Wednesday evenings, one each in June, July and August.

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

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

NAYS: None.

ABSENT PODIUM: Councilwoman Marinaccio.

Award Professional Service Contract for Design of HVAC Improvements for Municipal Complex to J.V. Morgan Engineering in the amount of $28,950.00 (CERT. #934) (AFFIRM. ACT.)

RESOLUTION #603

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

WHEREAS, the Project Engineer for the Township sent out proposal requests to engineering and architectural firms for the professional services for various heating, ventilation and air conditioning improvements for the Municipal Complex

WHEREAS, the Township Project Engineer has recommended that a contract be awarded to J.V. Morgan Engineering, located at 230 Main Street, Toms River, NJ 08753, as they submitted the lowest responsible proposal.

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. J.V. Morgan Engineering is hereby awarded a contract in the amount of $28,950.00 for the various heating, ventilation and air conditioning improvements for the Municipal Complex.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 934 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 Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilwoman Marinaccio.

Waiver of $219.00 in permit fees for renovations - Jehovah's Witnesses

RESOLUTION #604

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

WHEREAS, the Township's portion of renovation permit fees in the amount of $219.00 for the Jehovah's Witnesses are hereby waived.

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

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

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

NAYS: None.

ABSENT PODIUM: Councilwoman Marinaccio.

Temporary Budget Appropriations for Fiscal Year 2001 - Current Budget and Utilities in a total amount of $3,728,600.00

RESOLUTION #605

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, 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 for in the amount of $3,728,600.00 and that said emergency temporary appropriation shall be provided in full in the 2001 budget.

CURRENT BUDGET

Other Expenses $3,578,600.00

ARENA UTILITY

Other Expenses $135,000.00

PARKING UTILITY

Other Expenses $15,000.00
___________________

TOTAL $3,728,600.00

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

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

NAYS: None.

ABSENT PODIUM: Councilwoman Marinaccio.

Establishing Schedule of Meetings for the Year 2001 - Council Meetings

RESOLUTION #606

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

WHEREAS, the attached list of Township Council meetings for the year 2001 is hereby adopted

SCHEDULE OF MEETINGS

TOWNSHIP OF OLD BRIDGE COUNCIL

YEAR 2001

TAKE NOTICE that all meetings are held in the Old Bridge Municipal Complex, One Old Bridge Plaza, Old Bridge, New Jersey and are open to the public. Formal action may be taken on the agenda items listed or any other such matters as may come before the Council. An executive session may be conducted at any meeting.

The public is advised that the Township Council may introduce and/or adopt ordinances, pass resolutions, or transact any other business within its power at any of the above listed agenda meetings, regular meetings, combined agenda/regular meetings or at the stand-by meeting.

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

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

NAYS: None.

ABSENT PODIUM: Councilwoman Marinaccio.

Permission to Hang Signature Banner - Camp Robin

RESOLUTION #607

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

WHEREAS, Michael Gordon, a member of the Old Bridge ROBIN Area 14 Speed Skating Team, will be one of ten New Jersey Special Olympic Athletes competing in the 2001 Special Olympics World Game held in Anchorage Alaska; and

WHEREAS, Special Projects for Special Children and the Department of Parks, Recreation and Social Services, in cooperation with the New Jersey Special Olympics, wishes to hang a "Signature Banner" at the Old Bridge Arena on various evenings; and

WHEREAS, the Signature Banner will be placed at the Old Bridge Arena to raise money to defray the cost of sending Michael Gordon's Support Team to the 2001 Special Olympics World Games.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission is hereby granted for the hanging of the "Signature Banner" at the Old Bridge Arena on various evenings.

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

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

NAYS: None.

ABSENT PODIUM: Councilwoman Marinaccio.

Memorialize Authorization of Emergency Temporary Appropriations of $6,000.00 for the Old Bridge Ram Cheerleaders

RESOLUTION #608

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, 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 for in the amount of $3,728,600.00 and that said emergency temporary appropriation shall be provided in full in the 2001 budget.

CURRENT BUDGET

Other Expenses $6,000.00
___________________

TOTAL $6,000.00

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

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

NAYS: None.

ABSENT PODIUM: Councilwoman Marinaccio.

Prior to the vote the following discussion took place

Councilman Sohor: I was under the impression that we were giving $3,000.00. I see that this is for $6,000.00.

Mr. Shah: It is two teams at $3,000.00 each. The first resolution sets up the appropriation for it.

Councilman Redmond: How much is left in this fund now?

Mr. Shah: $3,000.00

Memorialize Award to the Old Bridge Ram Cheerleaders

RESOLUTION #609

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

WHEREAS, the Old Bridge Rams Cheerleading Squad has qualified to compete in the National Cheerleading Competition; and

WHEREAS, the Township Council wishes to memorialize the award of $6,000.00 to the Old Bridge Rams Cheerleading Squad for the National Cheerleading Competition; and

WHEREAS, the Township Council has certified that the request for reimbursement by an Old Bridge group meet all qualifications previously set forth in a resolution adopted by the Township Council setting standards for payments; and

WHEREAS, the Township Council wishes to approve the requested payment.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the sum of Six Thousand ($6,000.00) dollars (maximum amount) may be paid to the Old Bridge Rams Cheerleading Squad; and

BE IT FURTHER RESOLVED that this resolution shall serve as sufficient authority for the Director of Finance to issue the required check.

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

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

NAYS: None.

ABSENT PODIUM: Councilwoman Marinaccio.

ORDINANCE FOR SECOND READING

TABLED

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 47-00

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AUTHORIZING ACQUISITION OF REAL ESTATE INTEREST
(Cedar Ridge II - Block 12261, Lot 19, 20, 28, 35, 82 and 84)

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

SECTION 1: Pursuant to NJSA 40A:12-5 the Township of Old Bridge is hereby authorized to acquire by purchase, gift or condemnation the lands/premises known and described as Block 12261, Lots 19, 20, 28, 35, 82 and 84

SECTION 2: The Mayor, Township Clerk and Director of Law are hereby authorized to take an action and to sign any and all documents necessary to carry out this Ordinance.

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

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

SECTION 5: EFFECTIVE DATE

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

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

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

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

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

NAYS: Councilman Sohor.

ABSENT PODIUM: Councilwoman Marinaccio.

Prior to the vote the following discussion took place

Councilman Redmond: Should we table to a date certain?

Attorney Ruggierio: You will have to conduct a hearing.

Councilman Testino: What is the administration preference?

Attorney Ruggierio: We think that it is a long shot to get a meeting of the minds.

ORDINANCE FOR SECOND READING

ORDINANCE FIXING COMPENSATION OF DEPARTMENT HEADS PURSUANT TO N.J.S.A. 40:69A-180 AND THE TOWNSHIP TAX ASSESSOR

WHEREAS, the Township Council is obligated to fix the compensation of Mayor, Council Members and Department Heads immediately after its organization pursuant to NJSA 40:69A-180; and

WHEREAS, Township Council does, by adoption of this Ordinance wish to comply with the said statute.

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

1. Compensation for Department Heads shall be fixed as follows (base salary subject to longevity):

Director of Department of Administration

......................................................................................$93,150.00
Retroactive to July 1, 1999; See Note 1

Director of Department of Finance

......................................................................................$87,559.00
Retroactive to July 1, 1999; See Note 2

Director of Department of Law

......................................................................................$84,397.00
Retroactive to July 1, 1999;

Director of Department of Community Development

......................................................................................$87,411.00
Retroactive to July 1, 1999; See Note 3

Director of Public Works

......................................................................................$85,808.00
Retroactive to July 1, 1999; See Note 4

Director of Public Safety

......................................................................................$0.00
See Note 1

Director of Parks, Recreation & Social Services

......................................................................................$87,575.00
Retroactive to July 1, 1999; See Note 5

2. Additional compensation for Department Heads shall be as follows:

All health, prescription, vision, long-term disability insurances and other similar benefits afforded other full time employees of the Township of Old Bridge, plus any benefits provided by Ordinance.

BE IT FURTHER ORDAINED that the Township Tax Assessor's salary, wages and compensation are fixed to be $78,870 retroactive to July 1, 1999 (See Note 6). Additional compensation for the Township Tax Assessor shall be as follows: All health, prescription, vision, long-term disability insurances and other similar benefits afforded other full time employees of the Township of Old Bridge, plus any benefits provided by Ordinance.

*Note 1. The current incumbent in this position holds the position of Director of Police. This Ordinance does not permit any person to collect dual salaries. Accordingly, the Business Administrator shall be paid only for one position or the other, but not both.

*Note 2. The current incumbent in this position also holds the office of Chief Financial Officer. This Ordinance does not permit any person to collect dual salaries. Accordingly, the Director of Finance may be paid only for one position or the other, but not both.

*Note 3. The current incumbent in this position also holds the office of Township Engineer. This Ordinance does not permit any person to collect dual salaries. Accordingly, the Director of Community Development may be paid only for one position or the other, but not both.

*Note 4. The current incumbent in this position also holds the office of Public Works Supervisor. This Ordinance does not permit any person to collect dual salaries. Accordingly, the Director of Public Works may be paid only for one position or the other, but not both.

*Note 5. The incumbent in this office shall perform additional duties as follows:

(A) Assume a lead administrative role in all Township-Employee labor contract negotiations;

(B) Administer special projects as assigned by the Mayor and Business Administrator; and

(C) Serve as replacement for Business Administrator in her/his absence.

In 1998, this was adjusted beyond the standard percentage increase to compensate for such additional work. Inasmuch as $8,000.00 of this officer's salary constitutes a stipend for the aforesaid temporary duties, the $8,000.00 stipend may be withdrawn at the direction of the Mayor. Longevity shall not be payable with respect to $8,000.00 of the authorized salary.

*Note 6. In 1999, this salary was adjusted by $5,000.00 in specific consideration of the Tax Assessor's assignments outside his role as Tax Assessor, to wit: to assist the Mayor and Council in evaluating and analyzing real estate valuation issues in connection with Township acquisitions of property rights. Except as provided herein, the Tax Assessor may not be paid for additional positions within the Township government. Longevity shall not be payable with respect to the $5,000.00 stipend amount.

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

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

NAYS: None.

ABSENT: Councilwoman Marinaccio.

Prior to the vote the following discussion took place

Councilman Cucchiara: Are the Clerk, Tax Assessor and Police Chief included in this?

Administrat