Old Bridge Township, New Jersey - August 14, 2006 Council Minutes

A Combined meeting of the Township Council of the Township of Old Bridge was held on August 14, 2006 in the Municipal Complex. The meeting was called to order by President Gillespie 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.

Roll call at 7:40 p.m. by Deputy Clerk Ward, showed the following members present: Councilmen Baker, Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.

President Gillespie asked for a moment of silence for the troops serving abroad.

PRESENTATION

Citation – Old Bridge Police Department

Mayor Phillips and Chief Collow presented commendations to following members of the Old Bridge Police Department:

Detective Lieutenant, William Volkert, Detective Sergeant Steve Daroci, Detective Thomas Noble, Detective Scott Crocco, Detective Michael Blahota, Detective Richard Tulko, Detective Bryan Doel, Detective Thomas Montagna, Detective Glen Smalley, Police Officer Scott Gumprecht

Mayor Phillips stated that he is extremely proud to be presenting these commendations to these police officers for their involvement in a serious arrest of a violent criminal. The arrest also had an effect on the Township of Lakewood because of a crime committed there. When the arrest that was made by the Old Bridge Police, the Mayor of Lakewood, Meir Lichtenstein called and asked that his gratitude and appreciation be passed on to the police officers. The arrest has put the community of Lakewood at ease.

Chief Collow stated that one of he is proud of this police force and that these men worked together with other jurisdictions, not only solving the crime in Old Bridge, but also the crime in Lakewood NJ, that paralyzed that community. Chief Collow stated that this crime was solved using good old fashion police work and that deserve the recognition that they are receiving tonight.

APPROVAL OF MINUTES

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

RESOLUTION # 341-06

WHEREAS, the following minutes are hereby approved:

April 3, 2006 – Agenda, May 22, 2006 – Regular

May 8, 2006 – Combined

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

AYES: Councilman Baker, Butler, Calogera Greene, Maher, Testino, Volkert Councilwoman Panos. President Gillespie

NAYS: None.

Prior to the vote the following discussion took place.

President Gillespie asked that the minutes of June 12, 2006 be removed from this list because he has not reviewed them yet.

BILL LIST

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

RESOLUTION #342-06

WHEREAS, the Business Administrator has the responsibility of approving all 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 August 14, 2006 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 August 14, 2006 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 $61,042,695.27 (Accounts Payable).

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

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

NAYS: None.

BILL LIST

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

RESOLUTION #343-06

WHEREAS, the Business Administrator has the responsibility of approving all 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 Baker and so ordered on the following roll call vote:

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

NAYS: None.

BILL LIST

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

RESOLUTION #344-06

WHEREAS, the Business Administrator has the responsibility of approving all 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 Baker and so ordered on the following roll call vote:

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

NAYS: Councilman Calogera.

Prior to the vote the following discussion took place.

Councilman Calogera asked if the overtime for the police investigation was in this overtime bill.

Mr. Shah stated that it was.

Councilman Calogera asked why the parking utility has overtime in the amount of $487.71.

Mr. Jacobs stated that this amount is for the re-striping and numbering of the parking lots.

Councilman Calogera asked who actually painted the lots.

Mr. Jacobs stated that he does not know who physically painted the lots, but the Parking Authority was out there.

Councilman Calogera asked if public works actually painted the lots.

Mr. Jacobs stated that it was not a contractor.

Councilman Calogera asked why the Parking Authority would have to oversee our own township employees.

Mr. Jacobs stated that he will give Councilman Calogera a complete report.

President Gillespie stated that this bill adequately reflects the hours worked by this individual.

Councilman Calogera asked for a job description of what this individual actually did for this overtime.

President Gillespie stated that since there is only one employee in this department, he is concerned about the “Rice Letter” requirement.

Councilwoman Panos stated that overtime was approved before for re-striping and requested a written report on how many, when and which lots have been re-striped.

BILL LIST

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

RESOLUTION #345-06

WHEREAS, the Business Administrator has the responsibility of approving all 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 Baker and so ordered on the following roll call vote:

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

NAYS: None.

BILL LIST

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

RESOLUTION #346-06

WHEREAS, the Business Administrator has the responsibility of approving all 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 Baker and so ordered on the following roll call vote:

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

NAYS: None.

Preliminary Public Comments

Mr. John Allen, President Old Bridge Township Board of Education; thanked the Township Council for approving the bond ordinance that will allow for improvements for various school projects. Mr. Allen stated that the council and the board of education worked together to save the taxpayers money. The council offered to approve a bond ordinance that would be less costly then if the board of education went out for the bond alone. Mr. Allen stated that every penny will be paid back, with interest to the Township. All the capital improvements that are listed in the bond ordinance were in the budget before negotiations.

Joann Muller stated that she is against the proposal for improvements to Route 18/516/527. Ms. Muller stated that she is against the dead ending of the streets and also against the installation of a 14 foot high wall. Ms. Muller is concerned about emergency vehicles being able to get from one side of Route 18 to the other. Ms. Muller stated the Farless Avenue has always flooded and now with the 14 foot wall the flooding would be worse.

Noreen Horvath stated that she is not in agreement with the installation of the wall along Route 18. Ms. Horvath stated that it is not right to spend taxpayers money on something that most people in the affected area do not want. Ms. Horvath stated that she has lived in Old Bridge for 35 years and no one has ever complained about the noise from Route 18. Ms. Horvath would rather see foliage used instead of the wall.

Mr. Rao stated that he is against the bonding for the school budget. Mr. Rao stated that he is disappointed that his suggestions for cutting the school budget were not used.

Ms. Seiler stated that Mr. Allen stated that all the money will be paid back to the Township. Ms. Seiler stated that the only way for the board to pay this money back is through raising taxes. Ms. Seiler stated that this five year expenditure should have put to the voters as a referendum. Ms. Seiler believes that the council has circumvented the voters because the voters voted down the school budget. Ms. Seiler believes that some of the improvements are not of a critical nature.

Ms. Jill Decaro stated that she agrees with Mr. Allen’s sentiment regarding the bonding for the Board of Education. Ms. Decaro thanked the council for working with the Board of Education Budget.

Hearing

Release/Reduction Performance Guarantee Bonim Associates/Orchard Hill – Block 10000, Lot 10 and Block 10259.19, Lot 20

President Gillespie stated that there is an agreement that this hearing will be postponed for thirty days.

Mr. Kenneth Pape; representing Bonim Associates stated that the notification of the hearing requirements have been met. Mr. Pape stated that he understands that there is a legal issue that Mr. Convery has to research. Mr. Pape asked that this hearing be carry to a date certain without re-notification. Mr. Pape requested permission to provide a brief to Mr. Convery in support of his client’s position.

Mr. Convery stated that notice has been provided and Mr. Pape has stated that he is ready to go forward with testimony this evening. Mr. Convery stated that he has received a report dated August 10^th which raises additional legal questions regarding an easement as well as a site triangle easement. Mr. Convery stated that he has spoken to CME Associates and they agree that there is a legitimate issue that must be addressed. Mr. Convery stated that a postponement to a date certain would be in everyone’s best interest.

Mr. Pape stated that he would like to submit a brief regarding the two easements and the legal responsibility that is associated with it.

Mr. Convery stated that the hearing will be open to the public at the next meeting.

MOTION

A motion was made to carry this hearing until September 18, 2006 by Councilman Butler, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSTAIN: Councilman Maher.

Council Comments

Councilman Calogera stated that he requested an item be placed on the agenda regarding Good Shepherd Church. This is not on the agenda and Councilman Calogera would like to know why.

President Gillespie stated that this was removed for more information from the Tax Assessor. Generally information is gathered before the item is placed on the agenda.

Councilman Calogera asked that he be notified if an item he has placed on the agenda is removed.

Proclamation

India ’s Independence Day

Mayor Phillips present the following proclamation to Mr. Kiran Desai

Whereas, India , the largest democracy consisting of 950 million people, attained her independence from the British in 1947 through a non-violent movement led by Mahatma Gandhi and;

Whereas, India is now celebrating the 59th Anniversary of her independence this year and;

Whereas, both the United States of America and India share many common goals and aspirations as sister democracies working together for the uplifting of their people and having formed long lasting bonds and;

Whereas, the State of New Jersey has the third largest population of immigrants from India in the United States of America and;

Whereas, the County of Middlesex has the largest population of immigrants from India in New Jersey, many of whom have made their home in Old Bridge.

Now, Therefore, I, James T. Phillips , Mayor of Old Bridge Township do hereby recognize the bonds between the people of the United States and India and; in commemoration of the celebration of the 59th Anniversary of India =s Independence, do hereby proclaim August 15, 2006 as India Day in Old Bridge Township.

Mr. Desai invited all to the flag raising ceremony on August 20^that 10:00 a.m. Mr. Desai also invited all to a 25th anniversary celebration in Kennedy Park on September 10, 2006 from 2:00 p.m. till 10:00 p.m.

Mayor Comments

Mayor Phillips stated that there is a concert on September 3^rd at the Laurence Harbor beachfront. The Laurence Harbor First Aid has raised money for a fireworks display. Mayor Phillips requested that permission for this event be added to the agenda.

President Gillespie stated that he will add this item to the end of the consent agenda.

SFY 2007 BUDGET

INTRODUCTION OF THE BUDGET

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

RESOLUTION #347-06

BE IT RESOLVED, that the following statements of revenue and appropriations shall constitute the Municipal Budget for the Fiscal Year 2007.

BE IT FURTHER RESOLVED that the said budget be published in the Home News & Tribune in the issue of September 12, 2006; and

WHEREAS, the Governing Body of the Township of Old Bridge does hereby approve the following as the Budget for the Fiscal Year 2007; and

WHEREAS, notice is hereby given that that Budget and Tax Resolution was approved by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey on August 14, 2006. A hearing on the budget and tax resolution will be at One Old Bridge Plaza on September 25, 2006 at 8:00 p.m. at which time and place objections to said budget and tax resolution for the year 2007 may be presented by taxpayers or other interested persons.

General Appropriations For:

1. Appropriations within “CAPS”

(a) Municipal Purposes (Item H-1, Sheet 19)(NJSA 40A:4-45.0) $37,762,023.00

2. Appropriations excluded from “CAPS”

(a) Municipal Purposes ( Item H-2, Sheet 28(NJSA40A:4-45.3 as amended $11,337,675.00

(b)Local District School Purposes in Municipal Budget(ItemK, Sheet29)

Total General Appropriations excluded from CAPS (ItemO,Sheet29) $11,337,675.00

3. Reserve for uncollected Taxes (Item M Sheet 29) $2,430,610.00

4. Total General Appropriations (Item 9, Sheet 29) $51,530.308.00

5. Less Anticipated Revenue Other than Current Property Tax

6. Difference: Amount to be Raised by Taxes for Support of Municipal Budget

(a) Local Tax for Municipal Purposes Incl. Revenue for Uncollected Funds $26,044,399.00

(b) Additional to Local School District

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

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

NAYS: None.

Prior to the vote the following discussion took place.

Mr. Shah stated that the budget was presented to the council at July 15, 2006. By introducing the budget tonight the township will be able to file the extraordinary aid application. It is now time for the council to review the budget and if necessary amendments to the budget will be made.

Councilman Calogera asked what the total general appropriations were for 2005.

President Gillespie stated $50,410,562.00.

Councilwoman Panos asked if the answers to the questions asked at the committee meetings will be answered in writing.

Mr. Jacob stated that he has taken minutes at each meeting and will have a follow up in writing.

Mr. Convery stated that by introducing tonight, the clerk will advertise that there will be a hearing on the budget on September 25^th at 8:00 p.m.

Mr. Shah stated that the budget will be published in the Home News on September 12, 2006 in summary.

Councilman Calogera asked how much of the surplus has been used in this budget.

Mr. Shah stated $7,875,000.00 of surplus.

Councilman Calogera asked if there will still be a 3 cent increase in taxes.

Mr. Shah stated yes, as proposed.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 38-2006

ORDINANCE AMENDING CHAPTER 5, ADMINISTRATION, SECTION 5-20 (E) OF REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF OLD BRIDGE

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

SECTION 1: PURPOSE

The purpose of this amendment is to amend Chapter 5, Administration,

Section 5-20E of the revised general ordinances of the Township of Old Bridge.

SECTION 2: AMENDMENT TO CHAPTER 5, ADMINISTRATION, SECTION 5-20(E) OF REVISED GENERAL ORDINANCES

Chapter 5, ADMINISTRATION, Subsection 5-20(E) is hereby amended to read as follows:

Section 5-20(E) Executive Sessions.

The Township Council shall keep reasonably comprehensive minutes of its Executive Sessions, showing the time and place, the members present, the subjects considered, the actions taken, and any other information required to be shown in the minutes by law. The executive session minutes, which need not be verbatim, shall be maintained by the Township Clerk. Executive session minutes that have been approved by the Township Council shall, upon request, be publicly released no later than seven (7) business days following receipt of the request. Prior to public release, however, the Township Attorney shall redact or suppress its executive session minutes only to the extent authorized by law.

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 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 (2) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the council vote in favor of such resolution.

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

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

NAYS: None.

President Gillespie opened the public portion.

Seeing no hands President Gillespie closed the public portion.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 39-2006

ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE TO ADD A NEW SECTION “EXEMPTION FROM FEES”

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

Section 1. Purpose

The purpose of this ordinance is to revise Article XII Fees, Professional Review, Escrows, Guarantees, and Off Tract Improvements of the Land Development Ordinance (Chapter XX) by adding Section 12-5 Exemption from Fees.

Section 2. Amendment to Article XII to Add

Section 12-5 Exemption from Fees

Article XII “Fees, Professional Review Escrows, Guarantees, and Off Tract Improvements” of the Revised General Ordinances of the Township of Old Bridge is herby revised to add the following section:

12-5 Exemption from Fees

The Township may by resolution exempt any charitable, philanthropic,

fraternal or religious nonprofit organization holding a tax exempt status under

the Federal Internal Revenue Code of 1954 from the payment of any fee charged

under the Township of Old Bridge Land Development Ordinance provided

the organization is seeking an application for development of property owned

by the Township of Old Bridge.

Section 3. Inconsistent Ordinances

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

Section 4. Partial Invalidity.

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 Township 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 40A: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 40A:69A-41), this Ordinance shall become effective upon the Township Council’s vote to override the Mayor’s veto.

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

Moved by Councilman Butler, seconded by Councilman Baker and so ordered on

the following roll call vote:

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

NAYS: None.

President Gillespie opened the public portion.

Seeing no hands President Gillespie closed the public portion.

Prior to the vote the following discussion took place.

Mayor Phillips asked if the twenty day waiting period could be waived so that the YMCA which is now before the Planning Board would be exempt from the fees.

RESOLUTION AUTHORIZING WAIVER OF WAITING PERIOD OF ORDINANCE

NO. 39-2006 AMENDING LDO “EXEMPTION FROM FEES” PURSUANT TO N.J.S.A. 40:69A-181

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

RESOLUTION #348-06

WHEREAS, in order for an ordinance to take effect less than twenty (20) days after its final passage by the Township Council and approved by the Mayor, N.J.S.A. 40:69A-181 requires the Township Council to adopt a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Township Council to vote in favor of the resolution; and

WHEREAS, Ordinance No. 39-2006 needs to take effect immediately in order for the YMCA to immediately process its application before the Old Bridge Planning Board.

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

1. An emergency is hereby declared relative to Ordinance No. 39-2006.

2. By a two-thirds (2/3) vote of all the members of the Township Council, Ordinance No. 39-2006 shall take effect immediately.

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

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

NAYS: None.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 40-2006

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AUTHORIZING THE SALE OF REAL PROPERTY LOCATED AT BLOCK 1051, LOT 10.13 IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX TO THE OLD BRIDGE MUNICIPAL UTILITIES AUTHORITY

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

SECTION 1: PURPOSE

The purpose of this ordinance is to authorize the conveyance of Lot 10.13 in Block 1051 to the Old Bridge Municipal Utilities Authority for use as a water tower site. This land is no longer needed by the Township of Old Bridge for its own public use, and the Township Council desires to authorize the conveyance of this property in accordance with the requirements of the Local Lands and Buildings Law (N.J.S.A. 40A:12-1 et seq)

SECTION 2: AUTHORIZATION TO CONVEY PROPERTY

The Mayor, Township Council and Township Attorney are hereby authorized to conduct a private conveyance to the Old Bridge Municipal Utilities Authority of the property known as Lot 10.13 in Block 1051 for the sum of one-dollar ($1.00) and other valuable consideration, in accordance with N.J.S.A. 40A:12-13(b)(1).

SECTION 3: NOTICE OF SALE

The Township Clerk shall cause the Notice of Sale and Public Notice to be provided in accordance with the statute.

SECTION 4: AUTHORIZATION TO EXECUTE DOCUMENTS

The Township Attorney, Mayor and Township Clerk are hereby authorized and directed to execute and deliver any document necessary to effectuate the subject conveyance.

SECTION 5: INCONSISTENT ORDINANCES

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

SECTION 6: 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 or adjudged and the remainder of the ordinance shall be deemed invalid and ineffective.

SECTION 7: EFFECTIVE DATE

This ordinance shall take effect twenty (20) days after publication thereof after final adoption, unless the council shall adopt a resolution at final adoption declaring an emergency and at least two-thirds of all the members of the Council shall vote in favor of such resolution pursuant to N.J.S.A. 40:69A-191; and upon this ordinance taking effect shall not be retroactive.

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

AYES: Councilmen Baker, Butler, Maher, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

ABSTAIN: Councilmen Greene, Testino.

ABSENT PODIUM: Councilman Calogera.

President Gillespie opened the public portion.

Seeing no hands President Gillespie closed the public portion.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE #41-2006

AUTHORIZING THE ACQUISITION OF REAL PROPERTY LOCATED AT BLOCK 21004, LOT 11 IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, STATE OF NEW JERSEY AS SET FORTH IN THE AGREEMENT OF SALE AND FURTHER AUTHORIZING THE MAYOR AND TOWNSHIP CLERK TO TRANSFER BLOCK 21004, LOT 11 OR AN EASEMENT OF THAT LOT TO THE OLD BRIDGE MUNICIPAL UTILITIES AUTHORITY

WHEREAS, the Township of Old Bridge Municipal Utilities Authority (MUA) has requested that the Township acquire Block 21004, Lot 11 from the New Jersey Department of Transportation (NJDOT) for purposes of construction of a water main and the NJDOT has agreed to sell said lot to the Township for the sum of $7,800.00 according to the terms set forth in the Agreement of Sale and on file in the Office of the Township Clerk

WHEREAS, the land will be used for the public purpose of constructing a water main; and

WHEREAS, the K. Hovnanian Companies have agreed to pay for this acquisition.

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

1. The acquisition of Block 21004, Lot 11 as set forth in the Agreement of Sale and the metes and bounds description attached thereto, which property is located in the Township of Old Bridge, Middlesex County, New Jersey, is approved as set forth in the Agreement of Sale. The Mayor and Township Clerk are authorized to execute the enclosed Agreement of Sale with any modifications which they deem necessary and appropriate and to execute any other documents needed to complete the acquisition. This approval is pursuant to N.J.S.A. 40A:12-1 et seq.

2. The real property being acquired is to be used for the public purpose of construction of a water main.

3. This ordinance is passed with the understanding that the purchase price of Block 21004, Lot 11 is to be paid by K. Hovnanian Companies.

4. The Mayor and Township Clerk are authorized to convey any property interest which they deem appropriate to the MUA after acquisition of the property from the NJDOT. The Mayor and Township Clerk are authorized to convey the property in fee simple and/or convey such easement in the property as they deem appropriate to the MUA.

5. All ordinance or parts of ordinances or resolutions that are in conflict with the provisions of this Ordinance are repealed to the extent necessary.

6. If any article, section, subsection, term or condition of this Ordinance is declare invalid or illegal for any reason, the balance of the Ordinance shall be deemed valid and shall remain in full force and effect.

7. This Ordinance shall take effect after publication and passage according to law.

STATE OF NEW JERSEY

NEW JERSEY DEPARTMENT OF TRANSPORTATION

AGREEMENT OF SALE

In consideration of the sum of Seven thousand Eight Hundred Dollars ($7,800), the New Jersey Department of Transportation (Seller), located a t 1035 Parkway Avenue, PO Box 600, Trenton, NJ, agrees to sell to the Township of Old Bridge (Buyer), located at One Old Bridge Plaza, Old Bridge, NJ 08857, the property designated as Block 21004, part of Lot 11, in the municipality of Old Bridge Township in the County of Middlesex (Property) and also known as Parcels VX38A2 and VX38A of the Route 18, Section 8 project, and described in “Exhibit A” wherein reference is made to a map marked “Exhibit B” (which is not a survey), upon which map the property is designated. Copies of both exhibits are attached hereto and are made a part of this Agreement.

The Seller and Buyer hereby acknowledge that described land and premises being conveyed from the seller to the buyer are subject to the condition that said land and premises is to be used for public use only, specifically for construction of a water main. In the event that Old Bridge Township (Buyer) uses the land and premises or any part thereof for a use other than for the public, then the New Jersey Department of State has the right to re-enter and terminate the estate. it is the intent of the parties that the estate being created is a fee simple determinable subject to a condition subsequent and subject to any outstanding Tideland claims.

If Buyer chooses to have the Property surveyed, Buyer must bear the cost and arrange same. Buyer must conduct due diligence within 90 days from the date this Agreement is executed by the Commissioner of Transportation. Buyer may request an extension of time of up to 30 days by writing to the Commissioner of Transportation.

The deed to the Property will exclude any right, title or interest in and to any State highway adjoining premises. The deed conveys no right of access to the State highway. Access to any State highway can only be achieved through an access permit secured from the Department of Transportation through ordinary permit application procedures. The deed shall preclude the use of the premises for the storage of junk or salvaged materials of any nature and will prohibit the use of the premises for outdoor advertising unless such advertising directly concerns a business conducted on the premises. The deed will also prohibit any discrimination in the use of the lands and premises hereby conveyed on the grounds of race, color, sex, religion, national origin, or by reason of being handicapped.

The sale of the Property is subject to any outstanding Riparian Claim asserted by the Tidelands Resource Council and to all municipal and state statutes, rules and regulations regarding the use of the Property. This sale is subject to all easements or permits whether or not of record. The Buyer is required to inquire of the various public utilities and public regulatory agencies of municipal, county and stat e government as to the applicable restrictions or conditions upon the use of the Property.

Description of Lot 11 in Block 21004

To be Conveyed to the Township of Old Bridge

Township of Old Bridge

Beginning at a point in the northeasterly line of New Jersey State Highway Route No. 18

(Varying Right of Way), said point being distant the following four (4) courses from the intersection of the dividing line between lot 20 in Block 21004 as shown on the current Township of Old Bridge Tax Map and lot 3 in Block 39 as shown on the current Township of Marlboro Tax Map and the said northeasterly line of Route No. 18;

a) In a northwestwardly direction along the said northeasterly line of Route 18, 103.66 feet to a point, thence;

b) Along the southwesterly line of the aforementioned lot 20, North 24 degrees, 38 minutes West, 586.6 feet to a point, thence;

c) Along the southerly line of lot 20, North 76 degrees, 23 minutes West, 155.99 feet to a point in the dividing line between lot 20 and lot 11, thence;

d) Along the said dividing line between lot 20 and lot 11, North 18 degrees, 58 minutes East, forty feet more or less to the point of beginning, thence

1) Continuing along the dividing line between lot 20 and lot 11, North 18 degrees, 58 minutes East, 28 feet more or less to an angle point therein, thence

2) Continuing along the same, North 25 degrees, 02 minutes, West, 330 feet more or less to an angle point therein, thence;

3) Still along the same, North 05 degrees, 32 minutes West, 161.23 feet more or less to a point, thence;

4) Along the dividing line between lot 10 and lot 11, South 62 degrees, 13 minutes West, 127 feet more or less to a point in the aforementioned northeasterly line of New Jersey State Highway Route No. 18, thence;

5) In a southeastwardly direction along the said northeasterly line of Route No. 18, 54 feet more or less to an angle point therein, thence;

6) Continuing in a southeastwardly direction along the same, 445 feet to a point, the point and place of beginning.

Contains: 0.621 acres

Subject to any and all easements, reservations and restrictions of record.

Subject to the facts and findings that a true and accurate survey of the property may reveal.

Property known and designated as being parcel VX38A2 as shown on a map entitled “New Jersey State Highway Department, GENERAL PROPERTY PARCEL MAP, Route 18 Freeway, Section 8, from Route U.S. 9 To Route 79, Showing Existing Right of Way And Parcels To Be Acquired in The Township of Madison, County of Middlesex and The Township of Marlboro, County of Monmouth” dated March 1965, Sheet 2 of 34.

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

AYES: Councilmen Baker, Butler, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

ABSTAIN: Councilman Greene.

ABSENT PODIUM: Councilman Calogera.

President Gillespie opened the public portion.

Seeing no hands President Gillespie closed the public portion.

Ordinance for First Reading

TOWNSHIP 0F OLD BRIDGE

ORDINANCE NO 42-2006

ORDINANCE AMENDING CHAPTER 10 TRAFFIC, SECTION 10-19 HANDICAPPED PARKING BY ADDING NEW SECTION 10-19.8 ENTITLED “HANDICAPPED PARKING AT PUBLIC BUILDINGS” OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE

WHEREAS, the Township Council of the Township of Old Bridge deems it to be in the best interests of its residents to provide handicapped parking at public buildings pursuant to N.J.S.A. 39:4-197.5.

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Chapter 10 entitled Traffic, Section 10-19 Handicapped Parking is hereby amended by adding Section 10-19.8, “Handicapped Parking at Public Buildings”.

Section 1. Purpose

Pursuant to N.J.S.A. 39:4-197.5, any municipality may by ordinance establish restricted parking spaces in front of schools, hospitals and other public buildings and in shopping and business districts for use by persons who have been issued special vehicle identification cards by the Division of Motor Vehicles.

Section 2. 10-19.8 Handicapped Parking at Public Buildings

Section 10-19.8 Handicapped Parking at public Buildings.

a. Definitions. For the purpose of this subsection, the following definitions shall be applicable:

Physical Handicap. A physical impairment which confines a person to a wheelchair, causes a person to walk with difficulty or insecurity, affects the sight or hearing to the extent that a person functioning in public areas is insecure or exposed to danger, causes faulty coordination or reduces mobility, flexibility, coordination and perceptiveness to the extent that facilities are needed to provide for the safety of that person.

Public Building. Any building, structure, facility or complex used by the general public, including but not limited to theaters, concert halls, auditoriums, museums, schools, libraries, recreation facilities, public transportation terminals and stations, factories, office buildings, business establishments, passenger vehicle service stations, shopping centers, hotels or motels and public eating places constructed by any state, county or municipal governmental agency or instrumentality or any private individual, partnership association or corporation with the following exceptions: one to four family private residences, warehouse storage areas and all buildings classified as hazardous occupancies. As used herein, “hazardous occupancy” means occupancy or use of a building or structure or any portion thereof that involves highly combustible, highly flammable or explosive material or which has inherent characteristics that constitute a special fire hazard.

Special Vehicle Identification Certificate. A special vehicle identification certificate and/or a license plate issued by the Director of Motor Vehicles pursuant to N.J.S.A. 39:4-206.

b. Standards. From and after the effective date of this subsection, any individual, partnership, association or corporation which owns any public building in the Township of Old Bridge shall provide reserved parking spaces for the physically handicapped on any parking lot serving such public building in accordance with the following:

1. A minimum of one percent (1%) of the total number of parking spaces, but not less than one (1) parking space, shall be provided in an area of the parking lot which is most accessible and approximate to the public building or buildings which the lot serves.

2. Each space or group of spaces shall be identified with a clearly visible sign displaying the international symbol of access along with the following wording: “These spaces reserved for physically handicapped drivers.”

3. Each space shall be twelve (12) feet wide to allow room for persons in wheelchairs or on braces or crutches to get in and out of on either side of an automobile onto a level, paved surface suitable for wheeling and walking.

4. Where possible such spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars.

c. Violations and Penalties. Pursuant to N.J.S.A. 40:48-2.46 any individual, partnership, association or corporation failing to provide parking spaces in accordance with the terms of this subsection and/or operator of any motor vehicle which does not bear a special vehicle identification certificate located in accordance with N.J.S.A. 39:4-206 and who parks such motor vehicle in a space reserved as provided by subsection b. of this section shall be subject to a fine not to exceed five hundred dollars ($500) and a sentence not to exceed ninety (90) days in jail or both.

Section 3. Inconsistent Ordinances

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

Section Partial Invalidity.

Section 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 Township 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 40A: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 40A:69A-41), this Ordinance shall become effective upon the Township Council’s vote to override the Mayor’s veto.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

Prior to the vote the following discussion took place.

Township Clerk Saracino stated that in reviewing the Code Book, she realized that the entire handicapped parking section was deleted by mistake.

Mr. Convery stated that when the Police Department was putting together the traffic ordinance that was sent to the State DOT, this section was never included and therefore it was never included in the codification.

Discussion Ordinance

Ordinance authorizing acceptance of Deed of Dedication from K. Hovnanian of Old Bridge, LLC for widening Spring Valley Road. (JJC)

Ordinance authorizing acceptance of Deed of Dedication from K. Hovnanian of Old Bridge, LLC for Right of Way on Point of Woods Drive. (JJC)

Mr. Convery stated that when the Planning Board approves a subdivision they are requiring widening of roads (Spring Valley Road ) and indicating that there will be a public through fare (Point of Woods Drive) through a development. The Township Engineer has reviewed these ordinances and concurs that it would be in the Town’s best interest to approve these two ordinances (43-2006 and 44-2006).

President Gillespie asked who owns the property now.

Mr. Convery stated that K. Hovnanian owns it and they are dedicate the property to the Township.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 43-2006

ORDINANCE AUTHORIZING ACCEPTANCE OF DEED OF DEDICATION FROM K. HOVNANIAN OF OLD BRIDGE L.L.C. FOR WIDENING SPRING VALLEY ROAD

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

SECTION 1: PURPOSE OF ORDINANCE

This Ordinance is adopted for the primary purpose of accepting a Deed of Dedication from K. Hovnanian at Old Bridge, L.L.C. for widening Spring Valley Road within the Township of Old Bridge

SECTION 2: ACCEPTANCE OF PROPERTY

The Township of Old Bridge does hereby accept a Deed of Dedication from K. Hovnanian for widening of Spring Valley Road located in the Township of Old Bridge and more fully described in the legal description attached hereto. The conveyance of the property shall be made by Deed of Dedication in a form approved by the Township Attorney.

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

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.

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

AYES: Councilman Baker, Butler, Calogera, Greene, Maher, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

ABSENT PODIUM: Councilman Testino.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 44-2006

ORDINANCE AUTHORIZING ACCEPTANCE OF DEED OF DEDICATION FROM K. HOVNANIAN AT OLD BRIDGE , L.L.C. FOR RIGHT OF WAY ON POINT OF WOODS DRIVE

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

SECTION 1: PURPOSE OF ORDINANCE

This Ordinance is adopted for the primary purpose of accepting a Deed of Dedication of 60’ wide Right of Way on Point of Woods Drive within the Township of Old Bridge from K. Hovnanian at Old Bridge, L.L.C.

SECTION 2: ACCEPTANCE OF PROPERTY

The Township of Old Bridge does hereby accept a Deed of Dedication of 60’ wide Right of Way on Point of Woods Drive located in the Township of Old Bridge and more fully described in the legal description attached hereto. The conveyance of the property shall be made by Deed of Dedication in a form approved by the Township Attorney.

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

SECTION 5: EFFECTIVE DATE

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.

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

AYES: Councilman Baker, Butler, Calogera, Greene, Maher, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

ABSENT PODIUM: Councilman Testino.

Discussion Ordinance

Authorizing the Mayor and Township Council to accept conveyance of Open Space Property for Recreational Purposes (Block 5001 Lot 4.15 – off of Cheesequake Road ). (JP)

Mayor Phillips stated that the Cougars field is not quite up to size and specification. The neighboring property is willing to donate the property to the town and allow the Cougars to make their field a little bigger. The amount of the property is less than ½ acre.

Councilwoman Panos requested that a letter be sent to the property owner thanking him on behalf of the Council and Mayor.

Councilman Calogera asked if the township will pick up the appraisal for the property.

Mayor Phillips stated that Brian Enright can do.

Councilman Calogera stated that an appraisal of the land will need to be done.

Mayor Phillips stated that Mr. Enright can also appraise the land.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 45-2006

AUTHORIZING ACQUISITION OF REAL PROPERTY LOCATED AT BLOCK 5001, LOT 4.15 IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX , STATE OF NEW JERSEY

WHEREAS, this parcel known as part of Block 5001, Lot 4.15 will be used for a public purpose, namely as a recreational field.

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 acquisition of part of Block 5001, Lot 4.15 as set forth on the

metes and bounds description, attached hereto which property is located in the Township of Old Bridge, County of Middlesex, State of New Jersey is hereby approved. This approval is pursuant to N.J.S.A. 40A:12-1.

2. The real property being acquired is to be used for public purpose, namely as a recreational field.

3. All ordinances or parts of ordinances or resolutions that are in conflict with the provisions of this ordinance are repealed to the extent necessary.

4. If any article, section, subsection, term or condition of this Ordinance is declared invalid or illegal for any reason, the balance of the Ordinance shall be deemed severable and shall remain in full force and effect.

5. This Ordinance shall take effect after publication and passage according to law.

Description of a Portion of Lot 4.15 in Block 5001 to be Conveyed to the Township of Old Bridge, County of Middlesex, New Jersey

Beginning at a point lying in the common dividing line between lot 13.15 and lots 4.15, all in Block 5001, as shown on the current Township of Old Bridge Tax Map, said point being the southeasterly corner of lot 3 and the most northeasterly corner of Lot 4.15, said point further being distant 1031.35’ on a course bearing S 30 degrees, 19 minutes and 20 seconds E from the intersection of the said dividing line between lot 13.15 and lots 3 and 4.15 and the southeasternly line of Bordentown – Amboy Turnpike (33’ Right of Way), also known as County Route 615, and running thence;

1. Continuing along the said dividing line between lot 13.15 and lot 4.15, S 30 degrees, 19 minutes, 20 seconds E, a distance of 380.73 feet to a point in the dividing line between lot 4.15 and 13.14, thence.

2. Along a portion of the said dividing line between lot 4.15 and 13.14, S 50 degrees, 20 minutes, 00 seconds W, a distance of 50.67 feet to a point; thence.

3. N 30 degrees, 19 minutes, 20 seconds, W, a distance of 376.53 feet to point in the dividing line between 4.15 and lot 3; thence

4. Along a portion of the said dividing line between lot 4.15 and lot 3, N 45 degrees, 43 minutes, 00 seconds E, a distance of 51.52 feet to a point and place of beginning.

Contains: 18931.43 square feet or 0.43 acres

Subject to any and all easements, reservations or restrictions of record.

Subject to the facts and findings that a true and accurate survey may reveal.

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

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

NAYS: None.

Discussion Ordinance

Police Hiring Practices

TOWNSHIP OF OLD BRIDGE

Ordinance No.

ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AMENDING CHAPTER 5, ADMINISTRATION AND GOVERNMENT, ARTICLE XIII DEPARTMENT OF POLICE, SECTIONS 5-94 TO 5-109 OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Chapter 5, Administration and Government, Article XIII Department of Police, Sections 5-94 to 5-109 are hereby amended as follows:

SECTION 1: PURPOSE

This Ordinance is enacted in order to amend Chapter 5, Administration and Government, Article XIII Department of Police, Sections 5-94 to 5-109 to correct a nomenclature error which occurred during codification and to amend the testing procedure for entry level officers.

SECTION 2: Section 5-94(B) Table of Organization. is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”

SECTION 3: Section 5-95 A.(1)a. Composition. is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”

SECTION 4: Section 5-95 B. Composition. is hereby amended to read as follows:

B. Appointment to the position of police officer shall be made by the Director in accordance with procedures in this article. The Director shall select from the list of qualified candidates established in accordance with this article, in order of ranking. All promotions to the rank of Sergeant, Lieutenant, Captain and Chief of Police shall be made in accordance with this article.

SECTION 5: Section 5-95 D. Composition is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”

SECTION 6: Section 5-97 A.- F. Testing procedures for entry level officers; applications; qualifications is hereby amended to read as follows:

Testing Procedures

Subsections (1.) (2.) and (3.) “A minimum score of 75%” shall be amended to read “A minimum score of seventy (70%) percent”

Subsections (2.) and (3.) the word “obtained” shall be replaced by the word “attained”

Subsection (3.) the words “Director of Police” shall be replaced by “Director of Police or his designee”

Subsection (4.) This subsection shall be deleted.

An applicant who has passed all three (3) graded testing phases (written, physical agility and Oral Board) with a grade of seventy (70%) percent or better on each phase of the testing procedure will be placed on an eligibility hiring list in rank order from highest to lowest.

B. Alternate Police Testing and Hiring

Notwithstanding the “eligibility hiring list” process, the Director of Police upon written recommendation from the Chief of Police, may make appointments to fill vacancies in accordance with the provisions of N.J.S.A. 52:17B-69.1 and N.J.S.A. 52:17B-69.2., with not more than two (2) individuals each calendar year who have completed a police training course certified by the New Jersey Police Training Commission and have been recommended by the Chief of Police.

The purpose of this section is to permit the hiring of individuals who are sworn officers in other jurisdictions or who have been certified by the New Jersey Police Training Commission under the Alternate Route Program. These appointees must meet all standards set forth under Section 5-98 – Qualifications, of this Ordinance.

The following screening process will be utilized upon meeting the criteria set forth under Section 5-98 – Qualifications:

Alternate hiring candidates will participate in the Oral Board, as described above in the hiring process, a background investigation, medical examination and a psychological/psychiatric examination.

Any alternate hiring applicant failing any phase of the hiring process as outlined above will cease to be a candidate for the position of Police Officer in the Old Bridge Township Police Department.

C. Application.

(1) All applicants when notified shall complete a detailed application which will be thoroughly investigated. Failure to pass the background investigation will disqualify an applicant. Major areas of concern which can lead to disqualification are:

(a) Criminal history;

(b) Continuous poor driving record;

(d) Negative information uncovered by investigators.

(2) Final determination as to passage or failure of the background investigation will be made by the ~~Director of the Department~~ Chief of Police.

D. Applicants will be required to pass a physical examination and a psychological/psychiatric examination prior to appointment.

E. New appointees will be required to attend the Police Academy and serve a probationary period for one (1) year. The Police Academy will be approved and authorized by the Police Training Commission in the Department of Law and Public Safety of the State of New Jersey .

F. The eligibility hiring list will be in rank order from highest to lowest. Applicants will be notified in the order they appear on the “eligibility hiring list” (highest to lowest) as needed to satisfy vacancies as they become available. The list shall be in effect for at least three years from the date of the written examination, and shall remain in full force and effect until replaced by a subsequent list of qualified candidates who have been certified to be eligible for initial appointments to membership in the Department by the ~~Director of the Department~~ Chief of Police.

SECTION 7: Section 5-97 A.(2) Testing procedures for entry level officers; applications; qualifications is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”

SECTION 8: Section 5-97 B.(2) Application is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”

SECTION 9: Section 5-97 E. Is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”

SECTION 10: Section 5-98 Qualifications is hereby amended to read as follows:

Section B., add the following language to the end of Section B:

In addition, each individual applying for the position of Police Officer in the Township of Old Bridge must also comply with the following qualifications:

· Must be a resident of the State of New Jersey for one (1) year

· Must have good moral character

· Must be sound in body and of good health sufficient to satisfy the requirements of the Board of Trustees of the Police Retirement System of New Jersey for him/her to be eligible to enter into the retirement system.

· Must be able to read, write and speak the English language well and intelligently

· Must have successfully completed sixty (60) college credits from an accredited college or university

Completed two (2) years active military service with an honorable discharge

Currently serve as a full time Police Officer in the State of New Jersey with certification as a regular Police Officer from the New Jersey Police Training Commission

· Must possess a valid New Jersey Driver’s License

· Must pass all current testing procedures

C. “…upon the performance of his duties…” shall be amended to read “. . .upon the performance of his or her duties. . .”

D. Residency preference to appointees.

(1) Whenever the Chief of Police shall have established a list of qualified applicants for initial appointment to membership in the Police Department, a residency preference, in accordance with this subsection, shall be afforded to the persons listed thereon.

(2) Classification.

(a) All applicants residing in the Township of Old Bridge will receive one point added to their written test score after attaining a seventy (70%) percent passing grade on the written exam.

(3) This section shall apply only to initial appointments and not to promotional appointments of persons already members of the Police Department.

(4) For purposes of this section, a person shall be considered a resident if he or she has established a bona fide principal residence within the Township of Old Bridge for at least 24 consecutive months immediately preceding the date of their application. It is recognized that the list will be reclassified prior to each appointment or batch of appointments, if applicable.

SECTION 11: Section 5-99 A.-E. Director of Department of Police is hereby amended as follows:

The Title of this section, “Director of the Department of Police” shall be replaced by “Chief of Police”;

“Director of the Department of Police” shall be replaced by “Chief of Police”;

“Director” shall be replaced by “Chief of Police”

SECTION 12: Section 5-100 Functions of Department of Police is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”

SECTION 13: Section 5-101C. and D. (1) Special Law Enforcement Officers is hereby amended as follows:

“Director” shall be replaced by “Chief of Police”

“Director of the Department of Police” shall be replaced by “Chief of Police”

SECTION 14: Sections 5-101D. (6)(d) , 5-101D.(6)(g)[2] and 5-101 D.(6)(m) Special Law Enforcement Officers are hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”

SECTION 15: Section 5-102 Hours of employment is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”

SECTION 16: Section 5-104 C., E.,F., H. and I. Promotion to Sergeant is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”

SECTION 17: Section 5-104 J. Promotion to Sergeant is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”

“Director” shall be replaced by “Chief of Police”

SECTION 18: Section 5-104 K. Promotion to Sergeant is hereby amended as follows:

“Director” shall be replaced by “Chief of Police”

SECTION 19: Section 5-105 C. Promotion to Lieutenant is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”

SECTION 20: Section 5-106 C. Promotion to Captain is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”

SECTION 21: Section 5-107 A. B. and C. Promotion to Director of Department of Police is hereby amended as follows:

The Title of this Section shall be replaced by “Promotion to Chief of Police”

“Director of the Department of Police” shall be replaced by “Chief of Police”

“Director” shall be replaced by “Chief of Police”

SECTION 22: Section 5-109 Extra-duty assignments is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”

SECTION 23: INCONSISTENT ORDINANCES

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

SECTION 24: PARTIAL INVALIDITY

SECTION 25: EFFECTIVE DATE

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.

The following comments were made regarding the above discussion ordinance

President Gillespie stated that he was involved in the previous police hiring ordinances and in trying to push the ordinance through too quickly, it failed miserably. President Gillespie stated that because of that reason he does not want to make the same mistake again by trying to get this approved too quickly. Chief Collow has put his ideas on the table and President Gillespie stated that this discussion tonight is on the very preliminary stages and suggests that council workshops should be held in drafting this ordinance. President Gillespie stated that he would like to consider a sub-committee that would work with the Chief and other interested parties so that this issue could be dealt with on a comprehensive basis.

Councilman Calogera volunteered to be on the subcommittee because of his law enforcement background.

President Gillespie stated that there is also an item on the consent agenda regarding the sergeant test (see page 45 Resolution No. 368-06). President Gillespie asked for comments on both the discussion ordinance and consent agenda items.

Chief Collow stated that it has been the history of this town to always hire and staff the police department with the finest qualified candidates. In March of 2007, the current eligibility list will expire and there will no longer be a pool of applicants to hire. Chief Collow stated that the plan that he has proposed will include diversity. The Township of Old Bridge has continued to evolve and the proposed plan will envision the diversity that is needed in the police department. The proposed plan is cost effective, that will give the township the opportunity to look at individuals that are already police officers and want to transfer to Old Bridge. The proposed plan also will allow us to look at “alternate route candidate” – those individuals that have paid their own way for police training and are certified by the New Jersey Police Training Commission and are looking for a police agency to hire them. The proposed plan also recognizes township residents that are looking for a career in law enforcement. The proposed plan is cost effective, offers diversity and the ability to hire trained officers. The plan will also create one logistic and cost effective hiring list for the township. Presently there are four lists: township, county, state and all others. Chief Collow requested that the Council seriously consider his proposal. Chief Collow stated that it is his responsibility to not only now lead the police department but to ensure that the residents are protected by the future leadership by hiring the finest candidates that are available.

Chief Collow asked for approval for the funds to administer the sergeants exam. There is a vacancy presently and in two weeks there will another. There are fifteen officers in the department that are eligible to retire. It is imperative that the Chief maintains an active promotional list and it would be a disservice to the men and women of the department to not be provided the opportunity to be promoted.

President Gillespie stated that the Ordinance triggers this and there is no discretion in the promotional process.

Chief Collow agreed with this.

Councilman Maher asked if the promotions list expired.

Chief Collow stated that it expired March 2006. Chief Collow stated that as the list is expired and there are vacancies in the slots, he assigns police officers to the position to acting sergeants. This is an assignment and the Chief makes it clear to the officers, that if they do not pass the sergeants exam, the assignment will be lost. The Chief would like to move forward with the test, so that he does not have to assign so many officers in an action position, and possibly have to remove someone.

President Gillespie thanked the chief for taking into consideration some of the council’s concerns.

Councilwoman Panos stated that this ordinance is not the same as the ordinance that was before the council dealing with codification errors. Councilwoman Panos asked if those corrections are included in this new ordinance.

President Gillespie stated that they are included.

Councilwoman Panos stated that funds for the sergeant’s test needs to be approved because she does not want this township to go through the same litigation that happened fifteen years ago.

Chief Collow stated that the ordinance before the council deal specifically with the hiring of officers and has nothing to do with promotions.

Councilwoman Panos stated that Section 4 deals with promotions.

President Gillespie stated that a red-lined version of this ordinance is needed so that the council can compare the current ordinance to the proposed ordinance.

Mr. Jacobs stated that the marked up version should have been in the council packets. There is an opinion from the attorney regarding the hiring. Mr. Jacobs believes that if we do not move forward with the sergeant’s test that would be in violation of the ordinance and end up in litigation.

Councilwoman Panos stated that she would like to see a time frame set on approving the ordinance so that it is not dragged out. Councilwoman Panos suggested workshops be held on this ASAP so that action can be taken at the next council meeting.

Chief Collow stated that he is just looking for approval for the funds for the exam.

Councilwoman Panos asked why a consent agenda item is being discussed with this ordinance.

Chief Collow stated that the only changes he suggested in the ordinance are those that are applicable to entrance hiring.

President Gillespie stated that he wanted the Chief to address both items while he was in front of the council.

Councilwoman Panos stated that the only reason that she alluded to the sergeants exam is because of Section 4. Councilwoman Panos asked where diversity is supported in the proposed ordinance. Councilwoman Panos asked if it was the changing of the passing grade from 75% to 70%. Councilwoman Panos does not agree with lowering the standards for police officers, because if they can not pass the test with a 74, let them strive to do better.

Councilman Greene asked what sections of the ordinances the Chief is specifically referring to.

Chief Collow stated Sections 6 and 10 are the hiring changes.

Councilman Greene stated that there are other changes to sections 2, 3 and 4.

President Gillespie stated that the changes are not clear because we did not receive the red-line copies.

Chief Collow stated that he believes that those sections deal with the April tabled ordinance. Chief Collow stated that the entrance testing is the only change that he has made to the ordinance.

Councilman Greene asked who made the other changes to the ordinance.

Chief Collow stated that there are no other changes.

Councilman Greene reads section 2 regarding the amendment to the Table of Organization. “Director of Police Department shall be replaced by Chief of Police”

Chief Collow stated that those are the clerical errors that were tabled in April.

Councilman Greene wants to make sure what changes there are for him to review so that he can make a competent decision.

President Gillespie stated that there is confusion about which document we should be reviewing.

Councilman Greene asked which changes the Chief wanted that were not clerical errors.

Chief Collow stated that the only changes that he has presented deal strictly with entrance qualifications.

Councilman Calogera suggested a subcommittee prepare a document with just those changes which any concerns or suggestions can be presented to the Chief and the Administration.

Councilman Baker asked why there should be a committee if we are talking about it tonight.

Councilman Calogera stated that there are a lot of issues to review.

Councilman Baker suggested appointing the committee and move on.

Councilman Testino suggested the committee prepare a document and see if there are areas that can be agreed upon.

Councilman Volkert asked if the committee will review the entire police ordinance or just the testing.

President Gillespie stated that “it is all open”.

Councilman Volkert wanted clarification on the ordinance that is before the council tonight.

President Gillespie stated that this ordinance contains the recommendations from the Chief for the hiring.

Chief Collow stated that he was not looking to change the promotional aspect of the ordinance.

Councilman Volkert asked if there were already changes in the promotional aspect of the codified ordinance.

President Gillespie stated that the committee will consider those changes.

Councilwoman Panos suggested that corrections to the codification be made separately from the Chief proposals because that can be done relatively quickly.

Chief Collow stated that the changes that he has proposed are strictly for hiring. The other issues that have been raised by Councilman Volkert are clerical errors. The codification is not recognized by the Chief at this time. Chief Collow stated that he is conducting business under the ordinance that was in effect since he became chief in 2003.

Mayor Phillips stated that the police department is governed in a very specific way, the hiring practices are very specific. Mayor Phillips supports the Chief when he speaks of needing more diversity, there are 104 officers and only two are women. The Chief is courageous to take this issue on. The council will ultimately decide on the hiring practices, the council has the authority to give the chief the flexibility that he needs to meet his future obligations. There is a Captain that has put in his retirement letter, there will be movement in the police department. This council is in the unique position because there is still time to be thoughtful and considerate in crafting this ordinance. Mayor Phillips urges the council to act on this before the list expires and there are numerous retirees.

Consent Agenda.

Public Portion on the Consent Agenda

Ms. Barbara York stated that she is not in favor of the proposed improvements to Route 18/CR516/527. Ms. York is concerned that George Avenue will become a speedway after the changes are made. Ms. York stated that no one is in favor of the 14 foot walls. It is not necessary to demolish the existing bridge because it is structurally sound. This project started out as an exit ramp for Route 18 to Route 516 and has turned into a 29 million dollar fiasco. Ms. York stated that the DOT has escalated the job with a lot of unnecessary projects. Ms. York is also not in favor of the several proposed cul de sacs. Ms. York stated that there are more important improvements that are needed, such as Bentley Road, Ferry Road and Route 18.

Mr. George Kolacz stated that in front of his house they are proposing a shoulder, deceleration lane and also a median. Mr. Kolacz stated that he does not see the need for both and requested that the deceleration lane aspect of the plan be eliminated. Mr. Kolacz feels that this project is overkill and many of the proposals are unnecessary. Mr. Kolacz is not in favor of losing more of his property for this project. Mr. Kolacz urged the council to represent the people of Old Bridge and not the NJ DOT. Mr. Kolacz stated that when the County made improvements to Englishtown Road, they moved the manhole covers to the his side of the road and they are right in the tire path, so that when trucks go by, it shakes his house and also the house behind him.

Mr. J. Daugherty stated that when the State took his neighbors home, they left it vacant and now there is garbage, rodents and it an eyesore. The house is located on Shady Oak Lane.

Ms. Lillian Madonia invited all the council members to her house at 75 George Avenue so that they can see what the wall will look at. Ms. Madonia suggested that a section of the wall be put in front of every councilpersons home to see how they would like it. Ms. Madonia property value will be reduced and is frustrated because no one seems to care.

Mr. Raymond Dill stated that he is against the walls. The home across the street from him on Shady Oak is vacant and is filled with garbage and animals. Mr. Dill stated that he is in favor of Shady Oak becoming a cul de sac.

Ms. Harriet York does not want the walls installed.

Seeing no hands President Gillespie closed the public portion on the Consent Agenda.

REQUEST BY POLICE DEPARTMENT FOR EXCEPTION TO THE PURCHASING PROCEDURES

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

RESOLUTION #349-06

WHEREAS, the Township of Old Bridge has specific purchasing procedures in place; and

WHEREAS, the Police Department received repairs to docking stations in police cars in the amount of $541.00; and

WHEREAS, the Township Council’s approval is necessary for payment.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex and State of New Jersey that approval is hereby given for payment in the amount of $541.00 for repairs to Police Department docking stations in police cars which was done prior to authorization from the Purchasing Department.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Baker.

RESOLUTION FOR THE MIDDLESEX COUNTY RECYCLING ENHANCEMENT GRANT

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

RESOLUTION #350-06

WHEREAS, The County of Middlesex in continuing to recognize the importance of recycling and the role that the individual municipalities play in conjunction with the County towards achieving an exemplary recycling rate has proposed to provide grant monies to municipalities through the Recycling Enhancement Grant (REG) Program; and

WHEREAS, it is the intent of the REG program to provide matching funds to qualifying municipalities to be used for school recycling projects, recycling education projects or improvements to recycling drop-off centers/public works facilities to enhance a municipality’s recycling program; and

WHEREAS, it appears to be in the best interest of Old Bridge Township and its citizens to apply for this grant;

NOW, THEREFORE, BE IT RESOLVED by the Old Bridge Township Council of the Township of Old Bridge that Rocco Donatelli, Public Works Director, is hereby authorized to submit the attached application for consideration of a matching grant to the Middl