Old Bridge Township, New Jersey - February 13, 2001 Minutes

A Combined Meeting of the Township Council of the Township of Old Bridge was held on February 13, 2001 in the Municipal Complex. The meeting was called to order at 7:40 p.m. by President Maher.

Deputy Clerk Stella Ward announced that the meeting had been advertised in the Home News & Tribune pursuant to Section 5 of the Open Public Meetings Act and that the next open public meeting of the council will be held on Tuesday, 2001 at 7:30 p.m.

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

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

Regular Meeting - December 11, 2000
Combined Meeting - December 18, 2000
Reorganization Meeting - January 2, 2001
Executive Session - January 8, 2001
Agenda/Executive - January 16, 2001

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

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

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of February 13, 2001 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 February 13, 2001 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $15,450,392.11 (Accounts Payable).

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

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

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

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

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

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

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

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

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

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

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

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

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

Ms. Shepler: This is in relation to the renovations to the civic center; the funds come out of CDBG.

The following represents the collections I have made during the month of January 2001:

Snack - $5.00 each
#5- 6 Pizza Hut 10.00
7 Madison Variety 5.00
8-9 Raritan Bay Nursing School 10.00
10-42 Folz Vending 165.00
43-44 Laura's Restaurant 10.00
45 Old Bridge Diner 5.00
46-47 Laura's Restaurant 10.00
48 Marleybone Pub 5.00
49 VOIDED
50-53 JC Vending 20.00

Soda -$10.00
#5 - 6 Raritan Nursing School 20.00
7 Racetrack Gas Station 10.00
8 Home Depot 10.00
9 Laundry Room 10.00
10 Autosound Cellular 10.00

Amusement - $25.00 each
#107-108 Pizza Hut 50.00
109 Old Bridge Elks 25.00
110-112 Raritan Bay Nursing School 75.00
113-114 Shop Rite 50.00
115 Old Bridge Diner 25.00
116-117 Laura's Restaurant 50.00

Used Car
#276 Future Chevrolet 350.00
#277 D&D Auto Sales 350.00
#278 Route 34 Auto 500.00
#279 Daron Auto 500.00
#280 Oasis Ford 350.00
#281 Oasis Dodge 350.00
#282 Fuzzy's Transmission 350.00
#283 Gene's Auto Sales 500.00

BINGO/RAFFLE
RA - 35-01 Middlesex County PTA 10.00
RA - 36-01 Middlesex County PTA 10.00
RA - 37-01 Holmdel Foundation for Education 300.00
RA - 38-01 Cheesequake Baseball 30.00
RA - 39-01 Collier Service Foundation 10 .00
RA - 40-01 Collier Service Foundation 10.00
RA - 51-01 Old Bridge PTA 10.00
RA - 52-01 NJ Jewish Home for the Aged 70.00

MISCELLANEOUS:
Photocopies 47.00
Interest Earned from Amboy National Bank 238.38

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

President Maher: Reminder that the election for fire commissioners will be held on Saturday, February 17 between the hours of 2 p.m. and 7 p.m.

Attorney Ruggierio: The Oakwood lawsuit has been pending trying to bring about installation of the bonded improvements and a remedy to the soil erosion problem. Judge McCormack set forth a schedule for the processing of this case which will result in a trial. There has been a restriction on the right to propound discovery, take depositions or file motions or any of the usual actions in connection with lawsuits which has stagnated this case. By January 2002 we should be in a position to try this case. The Judge is determining what Lenar is obligated to do because of its non-compliance with a previous court order to deal with the soil erosion problems. Judge McCormack entered a order compelling Lenar to put forth an amended soil erosion plan to the soil conservation district within forty-five days, starting work no later than May 1.

I have met with the council sub-committee after these events. The committee recommends this: show solidarity with the residents that the council agrees with the bond ordinance; request the engineer by the second meeting in March to report to the council about the punch list items affecting the health, safety and welfare of the residents.

Councilman Redmond: I attended the subcommittee meeting, and we all agree that because of the track record we move forward with the ordinance.

BOND ORDINANCE AUTHORIZING THE CONSTRUCTION OF SEDIMENT DETENTION IMPROVEMENTS IN THE TOWNSHIP OF OLD BRIDGE COUNTY OF MIDDLESEX, NEW JERSEY APPROPRIATING THE SUM OF $750,000.00 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $712,500.00; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

Attorney Ruggierio: There are minor amendments to this ordinance, and although we cannot adopt this tonight, we can make the changes so that you can adopt at the next meeting. The changes are the period of usefulness and a substituted Section 8 with the remaining sections renumbered. The new section is standard boiler plate suggested by bond counsel.

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:

Section 1. The purposes described in Section 7 hereof are hereby authorized as general improvements to be made or acquired by the Township of Old Bridge, County of Middlesex, New Jersey ("Township").

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $750,000.00;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $712,500.00; and

(c) a down payment in the amount of $37,500. For the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11.

Section 3. The sum of $712,500, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $37,500, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $712,500 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $712,500 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $90,000.

Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:

Purpose/Improvement

Estimated
Total Cost

Down Payment

Amount of Obligation

Period of
Usefulness

Construction of a Sediment Detention Area for the Oakwood Project Sections 4B,4C,4D,5A,5B 5C and 12 (Nathan Drive Amy Court and Morris Drive), together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto

$750,000

$37,500

$712,500

15 years

Section 8. Grants or any other funds received from any governmental or private entity will be applied to the payment of, or repayment of obligations issued to finance, the costs of improvements described in Section 7 above.

Section 9. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $712,500 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 10. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Township shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 11. The applicable Capital Budget is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 12. The Township hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Township prior to the issuance of such bonds or bond anticipation notes.

(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by the Bond Ordinance is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;

(b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder;

(c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes;

(d) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 14. The improvements authorized hereby are not current expenses and are improvements that the Township may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 15. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 16. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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

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

Attorney Ruggierio: With respect to the Sommers case we have gone to two major settlement conferences with fifteen lawyers representing our various insurance companies. We have established a fund of $6 million for the clean up of the Sommers property from money committed by our insurance companies, and we will be able to purchase subject to environmental inspections $10 million more insurance coverage in case there is an overrun to do the clean up on this site. I want that number to be $14 to $19 million so that the total money available would be $25 million which would cover the worst scenario. The case is not settled, but the money is in place. To purchase the property we would have to pay the fair market value as determined by an arbitrator. This fund makes it clear that at the end of the day we will have a clean up approved by the DEP. I am to report to Judge Wolfson next Tuesday at which time the details will have been negotiated. I expect a settlement within one month.

We have been twice to trial in the condemnation case of the Rt. 516 Partners, but the case again has been postponed.

The council has an executive session on the Sommers Bayfront on which I have given you my recommendation that the proposal by the attorney for Sommers be rejected.

Attorney Ruggierio: One is a case where the Sommers are suing us for environmentally damaging their property. We are counter claiming saying that they are responsible for damaging their own property because you did not prevent midnight dumping. We are entitled to insurance coverage, and in some cases we have millions of dollars worth of coverage. With the assistance of Judge Wolfson, we have assembled $6 million in money to cover the cost of clean up which should be between $6 and $7 million with the contingency that it may cost more than $6 million; that is why we are purchasing more insurance. I want to the cap to be another $19 million. I have $10 million over the $6 million. We have $16 million to cover the clean up after the township acquires the property.

Attorney Ruggierio: We expect our insurance companies to be faithful to their obligations.

Councilman Hoff: Have you received a response to our request for response from the Attorney General's office with respect to the application of township money to the Cheesequake Dam project?

Attorney Ruggierio: I have not received that response. In preparing for our meetings, I asked Jim (Condon) to call the Attorney General's office to determine the status. To my knowledge, we are left with the same circumstances as the homeowners association, i.e., to speak to the citizen liaison person in the Attorney General's office. We don't know the name of the lawyer who has been given the task of this analysis. This is going to the bureaucracy of the office because they see a controversy about this.

Councilman Hoff: The residents of Cheesequake Village cannot afford to be assessed to pay for this dam. We have the money from the Governor's discretionary fund, and I want to know if we can legally apply this money.

Attorney Ruggierio: My opinion is that you cannot legally do that at this time. Many members of the council asked if there was some way to legitimately expend this money as opposed to doing it in a way that I believe to be is illegal. I suggested to you that the township acquire the dam; that they acquire non-exclusive rights to the pond (or lake); that they acquire an easement allowing access to the dam. Under those circumstances you could spend the money to repair your own property. I believe someone should move to ask the engineer's office to draw up the easements required to bring this about. I am sure it will not cost much more than $1 to acquire the rights, and then you would have the right to expend public money. This is the only legal way I can think of to do this.

to direct the engineering department to prepare an easement proposal for presentation to the Cheesequake Village Association to acquire the necessary rights in the dam to move forward with the needed repairs made by Councilman Sohor, seconded by Councilman Hoff and so ordered on the following roll call vote:

Attorney Ruggierio: I asked Mr. Iglesias to draw up the required easements. He is on vacation and will not return until March. It would be realistic to have this done toward the end of March.

Councilman Hoff: Please make overtures to the residents of Cheesequake Village to determine their acceptance.

Councilman Greene: A department does not stop functioning when the director is not present. I think we should direct the engineering department to do this as quickly as possible without waiting for the return of the director.

President Maher: I agree and ask that this matter be expedited. Government does not stop because the engineer is out of the office. Your direction is to look into this matter now.

Attorney Ruggierio: I don't believe that the work of the engineering department stops because Mr. Iglesias is away, but we will have to go outside to another engineering firm. Mr. Iglesias is the only licensed surveyor in the office who is able to do these easements.

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

Councilman Redmond: My son, Lawrence, was born with a congenital heart defect requiring heart surgery at ten days of age. We are joining with forty-four states and many municipalities in declaring February 14 as Congenital Heart Defect Awareness Day.

WHEREAS, with familiarity with the disorder more diagnoses are being made of which was not long ago thought to be an extremely rare disorder and not repairable; and

WHEREAS, CHD is among the most common birth defects and is the leading cause of defect related deaths. Too many babies, children and adults born with CHD continue to die due to the severity of the defect and not being detected in time, a lack of donor hearts or failure of the medical intervention used; and

WHEREAS, more than 32,000 infants (one in every one hundred) are born each year with heart defects in the United States; and

WHEREAS, CHD is being researched by numerous professions and to more accurately describe its origins, physical signs and symptoms and surgical options; and

WHEREAS, citizens should be made more aware of CHD so that early diagnosis and intervention becomes a top priority.

THEREFORE, I, BARBARA L. CANNON, Mayor of the Township of Old Bridge together with the Township Council do hereby proclaim February 14, 2001 as a day for hearts and Congenital Awareness Day in Old Bridge and urge our citizens to commence this observance.

Mr. Desai thanks the council and recounts the events that occurred on January 26 when a 7.9 earthquake struck in the early morning of this national holiday. Mr. Desai describes the catastrophic effects of this earthquake and makes a plea to the residents of Old Bridge to give generously to the earthquake relief fund. Mr. Desai pamphlets containing a street address to which contributions can be sent and a website which contains more information.

Mr. Tanela: Introduces Ed Shields, the new president of Cheesequake Village. We had received a feasibility study of Logan's Lake Dam from T&M Associates, and they met the DEP deadline. Sam Thompson contacted the governor's grant program. They are holding the $75,000 on our behalf pending receipt of the forms to be completed by us for the grant. I thank the council for helping us with these issues.

Preliminary Public Comment. Seeing no hands President Maher closed the public portion.

Ms. Blumig: I encourage the council to move on the resolution with respect to the Queen Yacenda property.

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

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

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

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

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

No. 79 Honoring Ernest L. Oros, Retired Board President for years of service and devotion to the children of Middlesex County.

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

WHEREAS, Ernest L. Oros is a former Board President of John E. Toolan Kiddie Keep Well Camp which provides services for children with special needs for Middlesex County; and

WHEREAS, Mr. Oros has provided many years of service and devotion to children from Middlesex County; and

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township Council hereby recognizes Ernest L. Oros for his many years of service and devotion to the children from Middlesex County.

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

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

No. 80 Authorizing refund of money in the amount of $1,714.50 to Community House at St. Thomas for the year 2000 taxes.

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

WHEREAS, in 1997 the Catholic Charities of the Diocese of Metuchen planned to build a community house for people with chronic physical disabilities on the property of St. Thomas Church; and

WHEREAS, in 1999 Catholic Charities was notified by HUD that since financing would be provided for construction, a subdivision would be required to separate the Community House lot; and

WHEREAS, Catholic Charities obtained a subdivision as a requirement by HUD to provide financing, but never intended to subdivide the parcel; and

WHEREAS, pursuant to the Tax Assessor, Brian Enright, had the requirement by HUD been known by his office prior to January 1, 2000, a claim for tax exemption would have been approved; and

WHEREAS, the Tax Assessor has recommended that a refund for calendar year 2000 taxes in the amount of $ 1,714.50, be refunded to Community House at St. Thomas.

NOW THEREFORE, BE IT RESOLVED by Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that a refund for calendar year 2000 taxes in the amount of $1,714.50 be refunded to Community House at St. Thomas.

BE IT FURTHER RESOLVED that a true copy of this Resolution shall be deposited with the following offices: Tax Assessor and Tax Collector.

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

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

No. 81 Authorizing a dedication by rider in connection with the Municipal Alliance.

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

WHEREAS, the Township of Old Bridge provides for the Municipal Alliance Program; and

NOW THEREFORE, BE IT RESOLVED that such fees, contributions and donations received by the municipality be placed in a specific trust fund and such trust fund shall be considered a 'Dedication of Rider" to the budget of the local unit per N.J.S.A. 40A:4-39 for the sole purpose stated above.

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

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

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

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

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

No. 83 Authorizing Change Order No. 1 to Mic-Rob, Inc. in connection with Contract No. 00-31 in the amount of $800.00 for installation of equipment at the skate park.

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

WHEREAS, the Township Council of the Township of Old Bridge previously authorized a contract with the firm of Mic-Rob, Inc. for skate park components at the Old Bridge Skate Park; and

WHEREAS, Mic-Rob, Inc. has requested Change Order #1 for installing steel edging on half pipe equipment item "G" at the Old Bridge Skate Park on the amount of $800.00.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the total amount of Contract #00-31 is hereby increased by $800.00 from $53,536.00 to $54,336.00 as set forth in the Change Order attached.

BE IT FURTHER RESOLVED that the modified cost of services after this change order is as follows:

BE IT FURTHER RESOLVED that the Mayor and Clerk of the Township of Old Bridge are hereby authorized to execute such written contract documents as may be approved in form by the Township Attorney.

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

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

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

WHEREAS, The Township Council of the Township of Old Bridge has decided to establish a self insured fund to handle its obligations for the workers compensation benefits to its employees; and

WHEREAS, N.J.S.A. 40A10-13 authorizes the governing body of a local unit to create and appropriate money for such fund; and

WHEREAS, N.J.S.A 40A10-13 further states that money so appropriated shall be deposited in the names of the governing body in a National or State bank or trust company as a trust fund for the purposes of paying obligations of the Workers Compensation Act; and

WHEREAS, the Township of Old Bridge has designated Amboy National Bank as the depository for this account.

NOW THEREFORE, BE IT RESOLVED that the Township of Old Bridge hereby creates such an account to be known as "The Workers Compensation Insurance Fund".

BE IT FURTHER RESOLVED that in accordance with N.J.S.A. 40A:10-8, the following three officials and secretary are to serve as insurance Fund Commissioners.

Himanshu Shah, Director of Finance
Alayne Shepler, Business Administrator
Marsha Rosenbaum, Human Relations Director
Viktoria Zusman, Confidential Secretary

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

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

No. 85 Authorizing an emergency appropriation in connection with Environmental Services Matching Grants Program in the amount of $2,500.00

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

WHEREAS, an emergency has arisen with respect to a shortfall in the Environmental Services Matching Grants Program (ESP), and no adequate provision was made in the SFY 2001 Budget for the aforesaid purpose, and N.J.S.A. 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned; and

WHEREAS, the total amount of emergency appropriation created including the appropriation to be created by this resolution is $393,800.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that in accordance with N.J.S.A. 40A:4-48, an emergency appropriation be and the same is hereby made for the Environmental Services Matching Grants Programs (ESP) in the aggregate amount of $2,500.00 and that said emergency appropriation shall be provided in full in the SFY 2002 Budget.

BE IT FURTHER RESOLVED that three certified copies of this Resolution will be filed with the Director of Local Government Services.

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

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

No. 86 Authorizing the insertion of an item of revenue (Chapter 159) in connection with Environmental Services Matching Grants Program in the amount of $2,500 with an appropriation of $5,500.

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

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS, said Director may also approve the insertion of an item of appropriations for an equal amount; and

WHEREAS, the Township of Old Bridge received $2,500.00 with a match of $2,500.00 from matching funds for State and Federal Grant for a total contract of $5,000.00 and wishes to amend its SFY 2001 Budget to include this additional amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the council of the Township of Old Bridge hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year SFY 2001 in the sum of $5,000.00 which is now available as a revenue from:

BE IT FURTHER RESOLVED that a like sum of $2,500.00 with a match of $2,500.00 from matching funds for State and Federal Grant for a total contract of $5,000.00 be and the same is hereby appropriated under the caption of:

BE IT FURTHER RESOLVED, that the Clerk forward three copies of this resolution to the Director of Local Government Services.

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

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

No. 87 Authorizing accumulated pay out to Joyce Wetstein in the amount of $10,985.95.

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

WHEREAS, the Township Council of the Township of old B ridge has a policy which requires the Township Council's authorization of any put out of accumulated time $5,000.00 or greater to be authorized by resolution; and

WHEREAS, due to retirement Joyce Wetstein is entitled to a pay out of her accumulated time; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that a lump sum pay out of accumulated time is hereby authorized to be paid to Joyce Wetstein in the amount of $10,985.95.

Sick Time $4,665.71
Vacation Time $2,364.18
Comp Time $3,719.64
Floating Holiday $236.42

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

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

No. 88 Authorizing application for Safe and Secure Communities Grant No. P-1912 in the amount of $60,000.00

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

WHEREAS, the Old Bridge Township Police Department wishes to apply for funding for a project under the Safe and Secure Communities Program; and

WHEREAS, the Old Bridge Township Council has reviewed the accompanying application and has approved said request; and

WHEREAS, the project is a joint effort between the New Jersey Department of Law and Public Safety and the Old Bridge Township Police Department for the purpose described in the application.

1. As a matter of public policy the Old Bridge Township Police Department wishes to participate to the fullest extent possible with the Department of Law and Public Safety.

3. The Division of Criminal Justice shall be responsible for the receipt and review of the application for said funds.

4. The Division of Criminal Justice shall initiate allocations to each applicant as authorized.

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

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

No. 89 Accepting the resignation of Umang Sheth from the Parking and Transportation Committee.

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

WHEREAS, Umang Sheth was appointed to the Parking and Transportation committee for a term ending December 31, 2003;

WHEREAS, Umang Sheth has submitted a letter of resignation to the Township Council of the Township of Old Bridge.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the resignation of Umang Sheth is hereby accepted.

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

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

No. 90 Authorizing waiver of permit fees for St. Lawrence Church in the amount of $892.00.

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

the Township's portion of the building, electrical, plumbing and fire permit fees in the amount of $892.00 are hereby waived for the permit application submitted by St. Lawrence Church.

BE IT FURTHER RESOLVED by the Township Council of the Township of Old Bridge that the state's portion of such fees in the amount of $43.00 shall be paid by the applicant, St. Lawrence Church.

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

Prior to the roll call vote President Maher opened a public portion. Seeing no hands President Maher closed the public portion.

No. 91 Authorizing professional service contract for Edward Schwartz from the Institute for the Study of Civic Values, Philadelphia, Pa to identify areas of concerns and develop solutions for township improvement.

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

WHEREAS, the Township of Old Bridge wishes to conduct a study in the development of a social contract for community involvement identifying areas of concern and developing solutions for improvement.

WHEREAS, the Township Council wishes to award a contract to Edward A. Schwartz of the Institute for the Study of Civic Values, located at 1218 Chestnut Street, Philadelphia, PA for said study

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

1. Edward A. Schwartz of the Institute for the Study of Civic Values is hereby awarded a contract not to exceed the sum of $5,000.00 for a study in the development of a social contract for a community involvement identifying areas of concerns developing solutions for improvements.

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

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

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

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

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

Councilman Testino: We are paying someone $5,000 to tell us what our community identification is and to find solutions. I don't think that we should pass this until the Mayor tells us what has happened since this was last before the council.

Ms. Shepler: Council stated that upon adoption of the budget they would reconsider this item. The Mayor asked to have this put back up. This was included in the Mayor's budget; there is a certification of funds available. This is done in many communities. It is a way to be in touch with the communities to determine priorities about the township.

Councilman Testino: This is not the 20/20 vision program we started out with. I am skeptical about what the final report is going to be like. I want to know who is setting the goals and who is making the determinations about what this person is going to address.

President Maher: I do not support this and I disagree with the administrator. We were skeptical about paying someone $5,000 for hosting two or three conferences with residents and writing a report. I believe this fee is excessive. This individual has done work primarily in urban cities. I don't believe this person has the expertise. I want more detail and want to know what has changed since we first voted this down.

No. 92 Authorizing a stipend in the amount of $400.00 for Michael Gordon for Special Olympics International - speed skating.

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

WHEREAS, Michael Gordon is a member of the U.S.A. National Special Olympic Speed Skating Team; and

WHEREAS, Michael Gordon will be competing in the Special Olympic International on March 4 through 11, 2001 in Anchorage, Alaska.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that a stipend in the amount of $400.00 be awarded to Michael Gordon to help defray the cost for his participation at the Special Olympics International.

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

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

Councilman Redmond: Don't we allow a stipend for a coach to accompany the participant?

President Maher: We put a claimer in the resolution that if a coach or mentor were going to accompany a disabled child, they would be paid for.

Councilman Testino: I would move the resolution with the amount of $400 and let Mr. Badcock use his discretion whether the coach meets the requirements.

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

No. 93 Authorizing an extension of a contract to SSI Services in the amount of $4,500.00 in connection with the police radio system.

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

WHEREAS, the Township previously entered into a contract with SSI Services for consulting services with regard to the police radio system; and

WHEREAS, the current balance, in the amount of $1,056.48, in the previous contract is insufficient to complete the consulting services; and

WHEREAS, the Township Council wishes to extend the contract in the amount of $4,500.00.

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. The amount of the contract for consulting services with regard to the police radio system is extended in the amount of $4,500.00

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #939 certifying the existence of a sufficient appropriation to fund the said contract.

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

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

Ms. Shepler: The police department has been trying to obtain more channels for our radio system. We have been successful in doing that; however, we need to continue with the licensing and the implementation of the new channels. I have circulated correspondence about eight months ago regarding a move off the tower. The Garden State Parkway has been generous in allowing us to put out antenna up at no cost. They have relocated the antenna, and there is observation work that has to be performed.

Councilman Testino: We have two additional licenses, and we are putting those frequencies into effect under our current hardware.

Ms. Shepler: There have been system upgrades; I am waiting for a price from the police department as to what those upgrade will be.

Councilman Testino: This is the first step in getting the additional frequencies on line. I understand that there is a sublease with the tower.

Ms. Shepler: We have been approached by Nextel to lease ground space from us. They then have to rent tower space from Crown Castel, the successor to Bell Atlantic. We will address this soon. The application that is pending is Sprint Spectrum.

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

No. 94 Authorizing professional service contract nunc pro tunc to James Cooney, Esq. in the amount of $6,000.00. (Tabled)

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

WHEREAS, the Township of Old Bridge Ethics Board requires the services of counsel for the purpose of representation of the Township in connection with the statutorily required legal representation of the Ethics Board; and

WHEREAS, James M. Cooney, Esq., a licensed New Jersey Attorney, is recognized as capable and available to undertake such work; and

WHEREAS, the Ethics Board has appointed the said attorney in accordance with the law.

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

The availability of a sufficient appropriation to the 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 year, 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.

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

Councilman Testino: We don't have anyone interested in serving on this committee. I suggested sending this obligation to the state. I cannot vote for $5,000 for an attorney who has no board to advise. Unless Mr. Ruggierio tells me that Mr. Cooney has another function, I will not support this.

Attorney Ruggierio: He is engaged in the function of attending to ethics issues of a member of this council.

Councilman Testino: There has been nothing on this in years. What master does he serve?

Attorney Ruggierio: He reports to me and encourages me to write advisory information to the state ethics board. I am not going to become involved in that.

Councilman Testino: This is an example of ultra vires; he is not reporting to you or a board. If we cannot get a board to serve, we must reorganize this ordinance. We may have to appoint lay and not members of the cloth.

Attorney Ruggierio: You raised the question as to whether we should give this over to the state which we are allowed to do. We need to fund this attorney who is prosecuting this matter on behalf of the ethics board which voted to take the course of action which he has in place. The matter is before an administrative law judge. He is trying the case on behalf of the ethics board.

Councilman Testino: I would like to see a resolution of the board stating they want to reappoint this attorney. Does the Clerk have in her possession a resolution from the ethics board recommending that we enter into this contract appointing Mr. Cooney?

Councilman Testino: I request the Clerk search this and move to table this until our next meeting.

Administrator Shepler: Councilman Hoff asked me to convey to the council that he left the dais during that entire discussion.

No. 95 Authorizing the naming of the Queen Yacenda property in the memory of Peter A. Mannino.

RESOLUTION

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

WHEREAS, the Township of Old Bridge has acquired certain property by In Rem foreclosure known as the Queen Yacenda site; and

WHEREAS, the late Councilman Peter A. Mannino was instrumental in bringing this property to the Township Council's attention as a property which could fulfill several of the Township's recreational needs; and

WHEREAS, the Township Council believes it would be a good and fitting tribute to the late Councilman Mannino to name the park and recreation site after him to wit: The Peter A. Mannino Park and Recreation Complex.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township Council does hereby name the park for the late Councilman Peter A. Mannino and such name shall be The Peter A. Mannino Park and Recreation Complex.

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

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

Councilman Testino: Although I do want to honor Pete's memory and his family in whatever way we can, but don't I want to dishonor them. I have no problem in naming this property after Mr. Mannino, but have a problem committing funds that we may never spend not knowing where we are in terms of spending money on park development. It may be more appropriate to name it the "Peter Mannino Open Space Preserve" until we fund the project if that is what the family wants. There are other option around town, but if the family is intent on this property becoming known as the "Peter A. Mannino Properties", I have no problem with that. I don't believe the council can commit itself with all the other millions being spent in this fiscal year on acquisitions and improvements to mislead the family to think that we committing to spending the money now.

If we do get the right-of-ways and we find the money, Peter and his family should have this recognition. Peter was good-spirited and a good family man. I have no problem with so-naming the property. I amend the motion to name it the open space preserve if that is what the family wants. Let's pass this and let the family think it over. I believe this should be an ordinance.

President Maher: Are you suggesting that if in the future this preserve is developed into a park, we have the flexibility to change it?

Councilman Testino: We have the flexibility to change the property any way we want. The question is whose name is going to be on it. No one disagrees that Peter's name should be on it if the family desires it. Peter was a moving force in acquiring this property. Money is big problem; access is another problem. Although there has been movement on access, we are far away from developing anything. We are talking about spending more than $10 million in a fiscal year; we don't want to mislead anyone.

Councilman Redmond: I concur with Mr. Testino. We have the opportunity of doing something now. We can name it the "Peter Mannino Open Space Preserve" now, and when the park comes to fruition (and we hope that it would providing the funding is in place), we would not have to wait until we have a whole park opening, construction, etc. Right now it becomes the "Peter Mannino Open Space Preserve", and I second Mr. Testino's motion.

Councilman Greene: We are focusing on the name "Peter Mannino Open Space Preserve", and I believe this is an attempt to move away from property which Pete worked on for a long time. This property is very developable as per a report from the state and from my conversations with Tom Badcock. All are in agreement that there are 111 upland acres which are very usable. We have heard statements that "you could float a battleship there". We have heard that the property is inaccessible. From what I understand the property is very accessible. The township attorney has taken the time to negotiate with Perth Amboy to acquire for $10,000 or $15,000 a small piece of property which would make that property even more accessible. I believe that Pete would want that park developed. If you want to keep open space there also, that is fine. Pete envisioned active recreation for the children of Old Bridge. I want to tell this council that I am absolutely committed to developing th