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OLD BRIDGE TOWNSHIP COUNCIL

COMBINED MEETING

March 14, 2005

A combined meeting of the Township Council of the Township of Old Bridge was held on March 14, 2005 in the Municipal Complex. The meeting was called to order at 7:30 p.m. by President Baker, who invited all to participate in a Salute to the Flag which was followed by a short prayer.

Moment of Silence.

President Baker requested a moment of silence for the armed forces serving in Iraq.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Monday, March 21, 2005 at 7:30 p.m. in the municipal complex.

Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker. Councilman Butler arrived late.

Certificates - Old Bridge Knights Cross Country Team.

In recognition of a successful season:

3rd Place Stewart Memorial Invitational
1st Place NJ Group IV State Championship
2nd Place Shore Coaches Invitational
3rd Place State Meet of Champions
1s Place Manhattan College Invitational
3rd Place Star Ledger State Ranking
5th Place Eastern States Championship
1st Place HNT All-Area Ranking
1st Place Greater Middlesex Conference Invitational
1st Place Star Ledger All-Middlesex. Ranking
GMC Red Div. Champions 2004 Team Record - 7 wins, 0 losses.

Mayor Phillips presented Certificates of Recognition to the following members of the team:

Pat Bennett, Jeff Hazar, Chris Bezeg, Glen Li, Josh Chatterjee, Pat Lyman, Matt Ciambriello, Umar Saeed, Brian Daly, Mike Vandervalk, Nick Gerardi, Frank Vulpis

Certificates - Special Olympic Speed Skater.

In recognition of your success at the NJ Special Olympics, Menen Arena, Morristown held on January 31, 2005 and February 1, 2005.

Certificates were presented by Mayor Phillips to the following skaters:

Mai Vy Nguyen, James Coletti, Ryan Musciotto, Thomas Antoniazzi, Pamela Giles, Michael Gordon, Alyssa Vass, Jimmy Smith, Keith Nowak, Pamela Erosh

PROCLAMATION - Kristen Roynesdal, Equestrian.

WHEREAS, Kristin Roynesdal, a senior at Old Bridge High School, has been riding horses since before she could walk; and

WHEREAS, Kristen and her younger sister, Kari Ann, compete with a half-Arabian mare named Rosey; and

WHEREAS, in June 2004 Kristen started competing in equestrian events, winning the Middlesex County contest; and

WHEREAS, in August 2004, Kristen competed in and won the 4-H Club state competition; and

WHEREAS, Kristin served on the 4-H Club Nationals team in 2002 and 2003; and

WHEREAS, Kristen placed fifth in high individual overall scores at the National Roundup in Louisville, KY; and

WHEREAS, for the last two years, Kristin has been president of the 4-H Club in which she has been involved since third grade and is also the president of the Rainbow Rider, a spin-off of the 4-H Club that deals with horses; and

WHEREAS, Kristin represented the horse industry at the State Department of Agriculture's symposium in Atlantic City; and

WHEREAS, in November 2004, Kristen competed for the state title a against other horse organizations; and

WHEREAS, in the fall, Kristin will attend Davidson College in North Carolina, where she will study human biology and medicine.

WHEREAS, the Equestrian of the Year title is based on previously earned merit, a five-minute presentation and an interview.

NOW, THEREFORE, I, James T. Phillips, Mayor of the Township of Old Bridge, do hereby call upon the people of the community of Old Bridge to publicly honor Kristin Roynesdal for being named 2005 New Jersey Equestrian of the Year.

Certificate of Excellence - Police Officer Robert Kurzydlowski, Detectives Richard Tulko and Glenn Smalley

Mayor Phillips: Several months we had significant problems within our school system which was solved by extraordinary police work. Chief Collow has recommended to me, and I wholeheartedly endorse, that three officers in the Old Bridge police department be recognized for their achievements in what they have been able to do for this community its time of need.

Chief Collow: For me to get an opportunity to boast about my police department is always an honor. Several months ago some unfortunate incidents had been taking place within our school system that caused us great alarm. We had a problem with numerous bomb threats that had disrupted our community, and in particular, our school community. At all times it was the priority of the police department that the children of our school system were going to be safe which became job one for us. We were not only going to make sure that our children were safe, but we were going to make an apprehension to be sure that this was solved. I thank all members of the police department and the members of the first aid and fire departments who responded to every call and every incident to help us out in our need of assistance.

Tonight I single out three of my police officers who were directly involved and assigned to investigate this case. I continually asked for their updates and input. We had assistance from outside agencies, but it was these officers in the Old Bridge police department who went through all the information which resulted in making an arrest.

My school resource officer is in the school on a daily basis communicating with the students and the staff. He establishes a rapport with them; he has a pulse; he knows what is going on in the school. He was extremely instrumental in this as being someone from the police department who was in the school. He knew the students and the staff. We received a lot of excellent information from him. My school resource officer is Police Officer Robert Kurzydlowski (Mayor Phillips presented PO Kurzydlowski with a Certificate of Recognition).

At lot of information was received, and many leads had to be tracked down. Detective Richard Tulko was responsible for working along with the other detectives processing the information received. (Mayor Philips presents Det. Richard Tulko with a Certificate of Recognition).

My lead detective, Glenn Smalley, was assigned the case, was the person to whom I spoke every morning, and worked with the school board. He was in charge of the investigation and successfully investigated this case and made an arrest. (Mayor Phillips presents Det. Glenn Smalley with a Certificate of Recognition.)

RESOLUTION NO. 117

APPROVAL OF MINUTES

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

the following minutes are hereby approved:

January 24, 2005 - Combined (corrected)

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

RESOLUTION NO. 118

BILL LIST

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

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 March 14, 2005 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 March 14, 2005 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 $8,574,085.20 (Accounts Payable).

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler, Councilwoman Panos.

RESOLUTION NO. 119

BILL LIST

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

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 March 14, 2005 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 March 14, 2005 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 $750,826.99 (Payroll).

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler, Councilwoman Panos.

RESOLUTION NO. 120

BILL LIST

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

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 March 14, 2005 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 March 14, 2005 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 $54,552.04 (Overtime).

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

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

NAYS: Councilman Maher.

ABSTAIN: Councilman Calogera.

Preliminary public comments.

Ms. Seiler: Expressed her disappointment at not being able to volunteer at the Old Bridge television station.

Ordinance for Second Reading.

Attorney Convery: I request that you vote to table this until the April 11 meeting as per my discussion with the Clerk. That will give the planning board an opportunity to make whatever recommendation they want on this.

President Baker: Does Mr. Greene have any objections?

Councilman Greene: From what you have just said, before we vote on this you would like the planning board to consider it.

Attorney Convery: By state law the planning board has thirty-five days in which to vote whether to recommend it or not. If they take no action, it comes back to us. It would be prudent to carry this until April 11, at which time we can have the public hearing also, and you can take final action.

Carried to 4/11/05

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 06-2005

AN ORDINANCE TO AMEND THE LAND DEVELOPMENT ORDINANCE “HOME BUSINESSES OF HOME PROFESSIONAL OFFICE SIGNS”

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Land Development Ordinance of the Township of Old Bridge, Article VII – Zoning to read as follows:

SECTION 1. PURPOSE

This Ordinance is intended to amend the Land Development Ordinance to limit signs for Home Businesses or Home Professional Offices to three (3) square feet, and requires that said sign be attached to the building

SECTION 2. AMENDMENTS TO ARTICLE VII – ZONING

A. Section 7-3G.2 Permitted Signs in Residential and Apartment Zones The following signs are authorized in conjunction with permitted and prior non-conforming residential and apartment uses:

a. Personal signs which are exempt from the requirements of obtaining a sign permitted under Article XI.

b. Signs for permitted home occupation, home business or home professional office, in accordance with Section 7-2.B.(2). q. (Home Business) and r. (Home Professional Office of this ordinance.

c. All multi-family conditions which meet the requirements herein below set forth.

B. Section 7-2B(2)q. Home Businesses Subsection (10) is hereby amended to read as follows:

(10) There is no exterior evidence of the home business other than one (1) name plate sign identifying the home business, not exceeding three (3) square foot in area, attached to the building, and

C. Section 7-2B(2)q.(10)(a) is hereby renumbered to read as follows: Section 7-2B(2)q.(11).

D. Section 7-2B(2)r. Home Professional Office Subsection (10) is hereby amended to read as follows:

There is no exterior evidence of the home professional office other than one (1) nameplate sign identifying the home professional office, not exceeding three (3) square foot in area, attached to the building, and

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 township council by delivering to the Township Clerk pursuant to N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the ordinance pursuant to N.J.S.A. 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 N.J.S.A. 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 Township Council and approval by the Mayor, where such approval is required, unless the Township Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Township Council vote in favor of such resolution.

Moved to table until April 11, 2005 by Councilman Greene, seconded by Councilman Gillespie and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

Ordinance for First Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 07-2005

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AMENDNG CHAPTER IV GENERAL POLICE REGULATONS
TO PROVIDE HALLOWEEN CURFEW FOR MINORS

Section 1. Purpose

The purpose of this Ordinance is to create a Halloween curfew for minors.

Section 2. Amendment to Chapter IV - General Police Regulations

Chapter IV - General Police Regulations is hereby amended to add:

Subsection 4-19 Halloween Curfew for Minors shall be added as follows:

"No person under the age of eighteen (18) years shall be on any public street, sidewalk or other public area during the following dates and hours: October 29 - 10:00 p.m. to October 30 - 6:00 a.m.; October 30 - 10:00 p.m. to October 31 - 6:00 a.m.; and October 31 - 10:00 p.m. to November 1 - 6:00 a.m."

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 affixed his/her signature thereto and returns same to the Township Council by delivering it to the Township Clerk pursuant to N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to N.J.S.A. 40:69A-41 applicable when the Mayor has failed to return the ordinance, whichever is first.

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

Discussion Ordinance.

1. Amending the Land Development Ordinance, Article IV, Subsection 4-6F "Digitized Copy Required of Final Approval Plans".

Attorney Convery: Our present Land Development Ordinance requires the developer to give microfilm copies of the plans which is antiquated. This [amendment] would substitute requiring a digitized copy of the final approval plans which was recommended by our planning office. This is for discussion only. If you put this on for your next agenda, I have referred this through the planning office to the planning board for review and comment.

2. Amending the Land Development Ordinance, Article VII, zoning of the Old Bridge Township Land Development Ordinance "Application of Yard Requirements.

Attorney Convery: This is an ordinance for a six foot setback for swimming pools. The normal setback is ten feet. If we amend this to six feet for swimming pools it will be consistent with state law, and it would mean that the homeowners don't have to keep going to the zoning board for a variance for this six foot setback.

Motion

to place an ordinance Amending the Land Development Ordinance, Article IV, Subsection 4-6F "Digitized Copy Required of Final Approval Plans" and an ordinance Amending the Land Development Ordinance, Article VII, zoning of the Old Bridge Township Land Development Ordinance "Application of Yard Requirements on the Township Council agenda of March 21, 2005 as ordinances for first reading made by Councilman Testino, seconded by Councilman Gillespie and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM : Councilman Butler.

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

Councilman Calogera: I intend to vote for DO-1 (Amending the Land Development Ordinance, Article IV, Subsection 4-6F "Digitized Copy Required of Final Approval Plans).
We are behind the times with that. With respect to DO-2, if I am not mistaken, we had passed an ordinance to amend the Land Development Ordinance with regard to pools where there was a correlating distance from the height. I understand we had something that was worked out and was
done within the last two years.

Attorney Convery: My understanding is that the actual setback is still ten feet for any structure, and this ordinance would be making an exception for swimming pools which is consistent with the six foot setback set by state law. That is my understanding from Mr. Rizzo.

Councilman Calogera: I know that Mr. Rizzo is the one who composed and proposed the ordinance with respect to the scale depending on the height of the fence and the height of the pool, the pool had to be set back a certain amount of feet.

Attorney Convery: I asked that you move this up, and I will confer with Mr. Rizzo prior to first reading.

Councilwoman Panos: Is this for above-ground pools?

Attorney Convery: Both.

Mr. Jacobs: The zoning board asked me to move this forward. It was my understanding that this is a part of the COI, a piece of that that didn't go through. You are thinking that this was added to the COI, but we stopped that for more review. They wanted to keep this moving.

Consent Agenda.

RESOLUTION NO. 121

BINGO/RAFFLE

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

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

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

RA 47-05 - Old Bridge Township PTA
RA 48-05 - Cheesequake Baseball
RA 49-05 - Grissom School
RA 50-05 - St. Thomas School

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

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

NAYS: None.

RESOLUTION NO. 122

AUTHORIZING REJECTION OF REMAINING BIDS IN RE CONTRACT NO. 2005-09 FOR JANITORIAL SERVICES

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

WHEREAS, the Township of Old Bridge solicited all bids in connection with contract No. 2005-09 for janitorial services; and

WHEREAS, the lowest bidder withdrew from the bid after the bid opening but before the bid award; and

WHEREAS, the remaining bids substantially exceeded the cost estimate of the Township of Old Bridge; and

WHEREAS, the Township Council wishes to reject the remaining bids received for janitorial services.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the remaining bids received with respect to janitorial services are hereby rejected.

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

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

NAYS: None.

RESOLUTION NO. 123

AUTHORIZING A CONTRACT FOR LEGAL SERVICES WITH JOSEPH BENEDICT, ESQ. IN RE REPRESENTATION OF CHIEF OF POLICE THOMAS COLLOW, POLICE OFFICERS PEINS, MOSER, SCHLUETER, SGT. POLICARI AND KATHERINE TEVIS, COURT ADMINISTRATOR

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

WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of representation in regard to complaints filed by Rory Moore against Chief of Police Thomas Collow, Police Officers Peins, Moser, Schlueter, Sgt. Policari and Katherine Tevis, Court Administrator; and

WHEREAS, Joseph Benedict located at 247 Livingston Avenue, New Brunswick NJ 08901, a licensed New Jersey attorney, is recognized as capable and available to undertake such work.

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

1. The contract for professional services is authorized to be entered into with Joseph Benedict, Esq. in the usual form.

2. The scope of the work to be performed by Joseph Benedict, Esq. shall be representation of Chief of Police Thomas Collow, Police Officers Peins, Moser, Schlueter, Sgt. Policari and Katherine Tevis, Court Administrator with regard to a probable cause hearing.

3. This contract is awarded for a term not exceeding the current budget year. A Certification of Availability of Funds No. 1317 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

Budget Year ___FY 2005-2006____
Cert. No. ___1317____________
Amount ___$2,500.00_ ______

The availability of a sufficient appropriation to fund the purchases authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget years, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.

4. This a contract for professional services in accordance with New Jersey Public Contracts Law. The Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: legal representation of Chief of Police Thomas Collow, Police Officers Peins, Moser, Schlueter, Sgt. Policari and Katherine Tevis, Court Administrator.

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 the 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 Affirmative Action Form AA320 or AA201, or otherwise complying with affirmative action employee information reporting.

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

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

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

NAYS: None.

RESOLUTION NO. 124

AUTHORIZING THE PURCHASE AND INSTALLATION OF PLAYGROUND AND SAFETY SURFACE AT MADISON PARK LITTLE LEAGUE COMPLEX

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

WHEREAS, the Township of Old Bridge Parks and Recreation Department wishes to purchase and install a playground and safety surface at the Madison Park Little League Complex; and

WHEREAS, the playground and safety surface is covered under NJ State Contract No. A59052 and is to be purchased and installed from Gametime (Marturano Rec.Co.) at a purchase price of $30,534.00 which is to be charged and paid from the CDBG account.

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 purchase and installation of a Gametime Prime Time System T-Swing with belt seats, safety surface and installation of same at Madison Park Little League Complex is hereby authorized in accordance with State Contract No. A59052.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1315 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

A. Formal execution of a purchase order.

B. Issuance of a Certification 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 Affirmative Action Form AA302 and AA201 or otherwise complying with affirmative action employee information reporting.

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

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

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

NAYS: None.

RESOLUTION NO. 125

APPROVING K. HOVNANIAN HOMES SALES EVENT APRIL 10, 2005

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

WHEREAS, a request has been made by the K. Hovnanian Homes to hold a sales event on Sunday, April 10, 2005 from 12:00 p.m. to 4:00 p.m. in its sales office parking lot.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that permission for K. Hovnanian Homes to hold said sales event is hereby approved subject to the following conditions:

1. Submission of a plan to show the location of the tent and any other outbuildings or facilities.
2. Reimbursements to the Township of Old Bridge for overtime inspection fees and police performed on Sunday/Holiday, if applicable.
3. Approval by the Township Council for use of overtime for inspections and police, if any.
4. Submission of fire rated certificate for the 30' X 40' tent.
5. Original certificate of liability insurance in the amount of $1 million naming the Township of Old Bridge as certificate holder.
6. Obtaining required fire permit from fire official, if required.

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

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

NAYS: None.

RESOLUTION NO. 126

AUTHORIZING AWARD OF CONTRACT TO AMERICAN BUS & COACH, LLC FOR THE PURCHASE OF TWO PASSENGER BUSES PURSUANT TO THE COOPERATIVE PURCHASING PROGRAM

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

WHEREAS, the Board of Chosen Freeholders for the County of Middlesex received bids on February 2, 2005 for the furnishing and delivering of passenger buses; and

WHEREAS, the purchasing agent for the County of Middlesex recommended that a contract be awarded to American Bus & Coach, LLC, with offices at 44 Rodgers Street, Trenton, NJ 08619 for the furnishing and delivering of 2005 or newer passenger buses at a cost of $77,441.00 each; and

WHEREAS, American Bus & Coach, LLC has agreed to extend the bid price to participating municipalities of the Cooperative Purchasing Program; and

WHEREAS, the Township of Old Bridge would like to purchase two (2) passenger buses at a unit cost of $77,441.00 each for the total amount of $154,882.00.

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. American Bus & Coach, LLC is hereby awarded a contract in the amount of $154,882.00 for the purchase of two (2) passenger buses.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No.1316 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 purchase order.

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

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

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

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

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

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

NAYS: None.

Prior to the roll call vote President Baker opened a public portion.

Ms. Seiler: (Re: C-3 awarding contract to Visual Sound for purchase of TV studio equipment) Expressed her opposition to purchasing equipment for an entity the members of which will not accept volunteer help.

(Re: C-4 Professional Services Agreement with CME Associates for miscellaneous engineering services) Requested a detail of services to be performed.

President Baker: If we don't answer your question now, we will at the end of the consent agenda.

Mrs. Miller: (Re: C-9 Supporting acquisition of Cottrell Farm for historic preservation) Encouraged the Township Council to pass this resolution.

Seeing no further hands President Baker closed the public portion.

RESOLUTION NO. 127

AWARDING CONTRACT NO. 2005-06 TO VISUAL SOUND, INC. FOR TELEVISION STUDIO EQUIPMENT

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

WHEREAS, the Township of Old Bridge advertised and received bids for Contract No. 2005-06 for television studio equipment; and

WHEREAS, bids were received and opened on February 10, 2005; and

WHEREAS, the Township Council wishes to award the contract for the purchase of television studio equipment to Visual Sound, Inc. located at 485 Parkway South, Broomall, PA 19008.

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. Visual Sound, Inc. is hereby awarded a contract for the purchase of television studio equipment for the total amount of $87,197.00. The items to be purchased are as follows:

Equipment Amount

Tightrope media system Cablecast & $6,440.00
Carousel CG

Broadcast Pix SEG $23,000.00

Sierra Video 20X20 9,712.00

Tascam SX Audio Mixer $4,250.00

Multi DVD Duplicator 1,550.00

Focus Enhancement Firestone 5,340.00

Telex Modular User Station 2,130.00

CCU Interface - includes labor, 20,975.00
project management, parts, design

Worksurface and Skins 1,570.00

150' Audio Snake with Cable Reel 790.00

Two (2) Panasonic AG-DVC7 Cameras 2,185.00

Workstations and racks for new equipment 5,060.00

G Raid Media, 4,195.00
enhanced one year warranty

TOTAL $87,197.00

2. Visual Sound, Inc. will provide the Township of Old Bridge with television studio equipment specified in the bid on file with the Township Clerk.

3. The award of the contract is contingent upon the issuance of a Certification of Availability Funds No.1314 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

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

B. Execution of a formal contract.

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

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

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

NAYS: None.

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

Councilwoman Panos: Ms. Seiler has made some valid complaints about the way things are done here. There are so many questions asked, it makes people feel uneasy. I am going to ask Mr. Baker to direct the administrator to put his answers in writing, and I would like a copy.

RESOLUTION NO. 128

AUTHORIZING A PROFESSIONAL SERVICE CONTRACT WITH CME ASSOCIATES FOR MISCELLANEOUS PROFESSIONAL ENGINEERING SERVICES

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

WHEREAS, the Township of Old Bridge requires the services of a professional engineering firm for miscellaneous engineering services to the engineering department of the Township of Old Bridge; and

WHEREAS, CME Associates located at 3141 Bordentown Avenue, Parlin, New Jersey 08859 is a licensed New Jersey engineering firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with CME Associates for purposes of providing the aforesaid professional engineering service.

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

1. A contract for professional services is authorized to be entered into with CME Associates located at 3141 Bordentown Avenue in the amount not to exceed $10,000.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1318 certifying the existence of a sufficient appropriation to fund the said contract.

3. The Mayor and Township Council 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.

4. This contract is awarded without competitive bidding as a professional service under the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(A)(I) since the contract is for services performed by a person authorized by law to practice a recognized profession.

5. Notice of a contract for professional services shall be published in the official newspaper of the Township of Old Bridge.

6. The contract shall be kept on record and on file in the office of the Township Clerk for public inspection.

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 affirmative action Form AA302 or AA201 or otherwise complying with affirmative action employee information reporting.

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

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

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

NAYS: None.

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

President Baker: The only question that I have captured is on C-4 (awarding a professional service contract to CME), and we intend to answer that question before we move on, and we will give something to you in writing.

Mr. Jacobs: This resolution is for miscellaneous services. The only one that I know of for certain right now is the grant application for $500,000 that we want them to apply for. I assume, and I am sure that I will be accurate, that there will be other miscellaneous items throughout the course of this year for which we will need their help. We are operating short handed in the engineering department.

Councilman Calogera: Don't we have a grant writer on staff which we share with the Board of Education?

Mr. Jacobs: This grant involves technical things which I would like to answer as not a part of the meeting.

Attorney Convery: Mike has to put on the record that what you are saying that any of the miscellaneous professional engineering services are services that would have to be performed by a licensed engineer, and, therefore, would be covered by a professional services contract. Anything to be done by CME regarding this is work that must be done by an engineer. This is not something for a grant writer; it is not something for a layman. You are looking to pay CME for licensed engineering work under this contract.

Mr. Jacobs: The grant application will be technical because of the design work to connect the middle school (which is currently the high school) to the improvements that already exist on the opposite side of Rt. 516. There is a grant opportunity that really fits that. In part it is technical; in part is grant writing. Our grant writer is not available for reasons that I will explain.

Attorney Convery: You are only paying CME for actual engineering work that may be done in conjunction with the request.

Mr. Jacobs: I am asking CME to design the work up to the point that is needed for the grant, and to write the grant and send it in. The design is 90% of it.

Councilman Calogera: Please clarify the connection for me.

Mr. Jacobs: There is a grant that is used to connect by-pass and sidewalks to schools to ease pedestrian traffic. We want to connect the improvements made on the opposite side of Rt. 516 from our building, the town center area, the sidewalk, the bike path, the lights and the benches and connect that right to the entrance of the school if we are lucky enough to get the grant.

Councilwoman Panos: I assume that we will be using various engineers for quite a few months. I called you about legal fees, and you broke that down and told me what that legal fee was for. We should have a breakdown for the project they are working on.

Mr. Jacobs: When you approve a professional service contract even with attorneys, I am approved to use them. After I use them, I have a bill from which I could tell you what they worked on. All the authorizations you did the other night are not taxpayer dollars; they are escrow funds. Unless you approve it, we don't do it, but I cannot tell you what miscellaneous services I am going to need just like I couldn't tell you about an attorney like I did today until after I have used the service. I would need the funds available under this resolution to do that.

Councilwoman Panos: Don't they bill us, and then we pay them?

Mr. Jacobs: They do the work; then they bill us. The only work I can identify is this grant opportunity. I don't know what is going to be there next week.

Councilwoman Panos: This happens to be a special circumstance, and I hope that we get a real tight grip on this from now until the end of the year. Could we make an effort to show us what is being spent and where?

Mayor Phillips: We can tell you exactly what is spent. Yes, we have one particular project in mind that we intend to use CME to help us get this $500,000 grant. There may be other times that we are going to use them as long as we stay below this $10,000 threshold. We can tell you at any point in time what has been spent for any professional. Some of it will have to be spent out of the escrow fees; some out of our fees. What I cannot tell you is how much we are going to spend in review fees for Woodhaven Village for example. I have no idea what that is going to cost, but I know that it is coming out of the escrow fees that have been laid aside. What has been spent, we have a very tight control on. What work orders have been issued, we have a very tight control over. As you now there may be review work that is paid out of escrow fees for any development that is any form of construction for which we have no idea of knowing what we are going to spend until we spend it, and when we do, it is going to be paid for by the developer.

Councilwoman Panos: We are not talking about escrow fees here. Are we getting charged an hourly rate by these engineers?

Mr. Jacobs: Yes, this grant is not $10,000. It is a small piece of this money.

Mayor Phillips: We are asking for this $10,000 leeway. If we should need more, we would have to come back to you for authorization. We will not be able to issue more than $10,000 of work of this miscellaneous type unless we come back to the council.

Councilman Greene: Mr. Jacobs, when you describe the reason for this grant, you indicated that it would be to provide for a pedestrian walkway from Rt. 516 to the front of the school building.

Mr. Jacobs: This is from where the town center improvements end on Rt. 516 to the school.

Councilman Greene: Is this planned to the school building or to the school property?

Mr. Jacobs: . . . to the entrance.

Councilman Greene: I want to make sure that this did not apply to work that more likely should to into the Board of Education budget.

Mayor Phillips: It may very well be that at some point in time there will be a reason that this should be joined, but this money is not being spent on the Board of Education - not one penny of it.

Councilman Greene: Philosophically, I have a clear distinction between the two budgets, and I applaud anything that you can do in the way of making this safer for the pedestrians.

Councilman Calogera: I would like to see something come in for Ticetown, but my main concern is a request that in the near future at the beginning of a meeting, we could set aside fifteen minutes to go over what capabilities still exist within our engineering department so that we have an idea of what we can do and what we cannot and what we are going to have to "farm" out. I would like a better idea as the turmoil continues in that department to assess it. Perhaps you could give us a briefing on it.

Mr. Jacobs: I don't agree with the characterization of "turmoil". I believe that we are handling the situation very well through our consultants and in-house personnel. We are short-handed, but not any different than if someone had retired or resigned.

Councilman Calogera: Maybe "turmoil" was not the correct word to use. In light of the situation I would like to get a better understanding of what effect that has had to the capabilities of our engineering and code enforcement departments. I would appreciate getting a briefing on that on the agenda.

Mayor Phillips: I would suggest that I would feel more comfortable if that were in executive session. I would feel better about it if you could put your concerns in a short memo so that we could have the information you are looking for. We are not at liberty to discuss some of the things that we know. If you put in writing what you need to know, I will get back to you to tell you if we can answer it.

Councilman Gillespie: There was a story in the Star Ledger and the Home News about the rising numbers of pedestrian deaths in this state, and I think it is important that we get this work moving.

RESOLUTION NO. 129

SUPPORTNG THE DESIGNATION OF THE COTTRELL FARM AS AN HISTORIC SITE

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

WHEREAS, the Cottrell Farm in Old Bridge is located at the corner of Cottrell Road and Rt. 516 designated as Block 10252.24, Lots 18 and 34; and

WHEREAS, the Cottrell Farm consists of 20.52 acres of property consisting of a farmhouse, a two and one-half story frame barn and two other masonry garages; and

WHEREAS, the present owner, Herbert Cottrell, Jr. still operates the farm and lives in the homestead which was built in 1831; and

WHEREAS, the Cottrell Farm consists of a picturesque apple orchard and significant buildings with outstanding architectural and cultural value for our community and especially its children; and

WHEREAS, this property offers a unique glimpse into the social and economic history of the Township of Old Bridge and a significant relationship to its heritage; and

WHEREAS, the Cottrell Farm contains a home, barn and working buildings similar to Longstreet Farm in Monmouth County; and

WHEREAS, the farm could be used for educational purposes for our children and future generations in addition to preserving open spaces; and

WHEREAS, the acquisition of the Cottrell Farm would permit the creation of an excellent facility to house the Historic Preservation Committee of Old Bridge or additional Township of Old Bridge recreational offices in addition to is historic and educational value.

NOW, THEREFORE, BE IT RESOLVED that the Township of Old Bridge calls upon the Middlesex County Freeholders to designate the Cottrell Farm as an historic site and to allocate funding for the purchase of the property or a significant portion thereof containing these historic buildings.

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

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

NAYS: None.

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

Councilman Calogera: Are we buying this property?

President Baker: Reads the resolution in its entirety.

Councilman Calogera: Is that not the same spot that the town center project is on and do not they already have approvals for housing?

Mayor Phillips: You heard the application before the planning board, and that there is a general development plan that has been approved. Part of that plan calls for this particular site to have over one hundred thousand square feet of retail and one hundred thirty-one apartments above the retail. That plan has to move forward with specifics of design. We know that Mr. Cottrell has not sold that property yet, but the property is under contract for sale. The Jerald Development is having trouble marketing that site. Some years ago when we made other acquisitions such as the property we acquired from Olympia and York, we went to the county to ask if they would be a willing participant or partner. There has been no dollar amounts discussed. There has been no contract for sale. There was a letter written by this administration to the county culture and heritage department head to determine whether the Cottrell Farm has enough historical significance to warrant it being preserved as historic preservation.

In consultation with Mrs. Miller and the members of the historical society, they are certain that the Cottrell Farm has historical significance. Whether or not we can attract this as a means for the county to preserve for historical purposes is a question mark. What it will cost is a question mark. Whether we will have the opportunity to buy it is a questions mark because as you pointed out Jerald Development has a general development plan which supports it. In many ways, such as when Olympia and York was being contemplated, no one said that we would be able to acquire that land, yet we were able to. I am hoping that the opportunity presents itself, and that we would have a willing partner in the County of Middlesex, which has more resources than the Township of Old Bridge in regard to funding. This is not so much a plan, but a proposal, an idea, a vision as you might think. I found that there is nothing worthwhile that cannot be accomplished with a little planning and hard work.

I want to make the presentation to the county as a joint proposal that this has the support of the administration and the support of the council that the review can begin for a historical significance, and perhaps it will end with some form of agreement which preserves the Cottrell Farm for historical preservation. I have become quite fond of the house and the apple trees, and I would much rather see that than 100,000 square feet of commercial and one hundred thirty-one apartments.

Councilman Calogera: I agree with the mayor one hundred percent, and you have enumerated my concerns. I separated this issue because I also would love to see the farm left in is present state, and the problem I have is that I remember when we dealt with the Cedar Ridge property, the price escalated and almost tripled. I don't know because of these approvals how much this property would be worth. Before we go into a process, we need to have questions answered which I hope you will provide in the near future as we go step by step.

As a concept, I agree one hundred percent; in realty, I have to be cognizant of the amount of taxes that we may incur on bonding for another piece of property of this size and of the value it may be. I share your hope that we may be able to get money from the county, and that they will designate this as an historic site, and hopefully, they will come up with the funding for it.

Mayor Phillips: Only time will tell, but as the fortune cookie says, the longest journey starts with the first step. This is the first step.

Public comments on any subject matter.

Ms. Seiler: Expressed her hope that the Cottrell Farm will be preserved as an historic site and her opinion that Channel 14 needs more volunteers.

Mr. Springer: Inquired whether there would be action taken as a result of the Executive Session.

Attorney Convery: There is not contemplated that there will be any action taken after Executive Session. There is a discussion about a new lawsuit. I will request that any action be taken at a later date.

Council comments.

Councilwoman Panos: With regard to farm preservation the mayor said that he appreciated seeing the apple trees. I remind the public that there are a few thousand people in South Old Bridge who appreciated the O&Y open space land that you referred to, and I wish that you could show the same appreciation in South Old Bridge as you did here.

Mayor Phillips: When we acquired the twenty-five hundred acres previously owned by O&Y, some of that land was dedicated for economic development. We may disagree on just what the term for "economic development" was, but the township designated five hundred acres for that purpose. Two thousand acres of the former O&Y property is preserved forever as open space for active (mostly passive) recreation. I have an appreciation for the preservation of open space, but the five hundred acres designated when it was acquired for economic development should be used for economic development. I think that the corner of Cottrell Road and Rt. 516 to put in another one hundred thousand square feet of commercial for a ratable retail for the one hundred thirty-one apartments is not the right thing to do. We disagree on which is economic development is.

Councilwoman Panos: I am not saying that putting homes there is the right thing to do. I agree that this is the right thing to do. The right thing to do in South Old Bridge was to leave that as open space even though it was deemed, just as this is deemed for development and commercial, and South Old Bridge was deemed for commercial. We could have done the same thing, and turned that back into open space.

Mayor Phillips: It has already been acquired by the township paying $1,600,000, but it is a matter of disagreement. People can honestly disagree without being disagreeable. I have not seen that, but I think it can be done. I think that five hundred acres at the corner of Rt. 9 and Rt. 18 is better used for economic development.

President Baker: As much as I would enjoy debating the Crossroads issue again, I believe everyone's opinion has been documented ad nauseam. Let's not get into something that we have already rehashed.

Councilman Greene: A councilman said to me recently that the vote is over, and it's done. I don't accept that. I think the Crossroads property which was just referred to as "economic development" - building houses, no matter how you want to package it, is not economic development. We paid $3,000 per acre for that property. We should keep it open space. I don't care how many other acres the township has as far as open space. It was 2500 acres that we bought. Keep the whole 2500 acres open space. You are going to ruin that area of South Old Bridge by building houses on it. I am against it, and I am not over fighting it.

Mayor Phillips: In 1989 this property was acquired for economic development purposes. Councilman, you are fond of saying "homes" are going to be built there. These are age restricted units potentially. The plan is that 500 acres are being undergone by a separate review right now as to just exactly what will be there, but it will not be homes in the traditional sense that you are trying to portray. Fifty-five active adult is the only type of housing that is going to be permitted there. The rest of it is still going to be in conformity for what it was zoned for - what the redevelopment agency plan consists of - commercial ratables and retail ratables - a whole list of things and fifty-five active adult.

The original zoning on that was for residential. This changes the zoning, but you want to portray this as being some kind of housing project, and it simply is not. The most it would be would be for someone who is fifty-five and active. It is not going to put additional children into the school system. This is a way of being a very strong economic engine for the Township of Old Bridge. Earlier this evening we discussed ways on capital projects of how this township needs capital projects and what money should be spent. I suggest to you that our forefathers who purchased this land had some conception that we needed diversity, a preservation of open space, and some kind of economic development in order to keep property taxes stable. That is what the plan is all about. If you want to say it's for homes; it's not. It is for fifty-five active adults which has by every category, every professor, every study been determined to be a positive economic ratable. That is what is going on that land. It is not going to be homes, and I know that is the image you want to portray for your own political reasons.

Councilman Greene: What is it going to be, a tent? These are homes. I don't care what age group they are in, it's a house. If they go there at 5:00 p.m., if they sleep there, it's a house.

Mayor Phillips: You can try to be glib, and you can try to distort this. This project is going to be for economic development. The type of housing that will be is fifty-five active adult. I know that you understand this, but you don't want to portray it. Honestly, this is going to be the project of the future. I am fighting for tax ratables and economic relief as we are all fighting for property tax relief. This is a way that smart towns can economically develop the land in a proper, thoughtful way.

President Baker: I am going to end council comments on Crossroads. I will not be part of a debate on Crossroads again. Are there councilmen here who have comments that do not refer to Crossroads?

Councilman Greene: Mr. Baker, you are wrong.

President Baker: I may be wrong, but you voted for me to be here. We have other council members who have not spoken and have other issues to speak about. We also have an executive session.

Councilman Butler: I would like to have Mr. and Mrs. Springer stand up. They were focused on Black History Month in reference to being a couple who is engaged in community affairs. They are members of several boards and committees, and they are here tonight. We need more people like them, and I want to applaud them.

On March 29 in remembrance of the Tsunami there will be a program at the Continental Arena including representatives from countries such as Thailand, Somalia, Burma, Indonesia, etc. This program is being sponsored by the Clergy Association of Middlesex County. This is all about one heart, one world, one hope. There will be cultural song and dance by the countries involved. I hope to have flyers within the township by the end of the week.

Councilman Testino: I don't know from whence the current attack on Mr. McLaughlin comes. I have known him throughout my tenure as a councilman both under Mayors Cannon and Phillips, both in the minority and the majority. I have come to know that he loves the television station. He has been fair, and we have disagreed and agreed, but for the most part his motives have been pure in that he does want to have a public access station, and he works for that goal regardless of political affiliation or what other people's motives might be. He has been pure in my eyesight. I understand that there may be a need to air current concerns, and we shall do that, and I have no problem with that. I commend him for his years of service, and ask him to continue to serve and to try to keep the even keel that I have seen him keep over the last ten years. I become as "O'Testino" when the Irish side of me comes out. I wish everyone a Happy St. Patrick's Day. My Mom has a little Irish heritage, so I will be celebrating!

Councilman Calogera: I have issues about Crossroads which I will not discuss right now, but at some time I will bring up respectfully that you cannot censure any of our council members from speaking. It is their time, and I will put up with your dictating to them what they can and will not speak about.

President Baker: I agree with you. I was wrong, and I apologize.

Councilman Calogera: I appreciate that. You were way over the line, Mr. Baker. I appreciate your understanding.

Executive Session - 9:00 p.m.

RESOLUTION NO. 130

EXECUTIVE SESSION

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

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

Martinelli v. Township of Old Bridge et al.

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

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

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

NAYS: None.

Regular Meeting reconvened at 9:33 p.m.

Motion

to adjourn made by Councilman Gillespie, seconded by Councilman Volkert and so ordered on the following roll call vote:

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

NAYS: None.

__________________________________
William Baker, Council President


__________________________________
Rose-Marie Saracino, Township Clerk

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