Old Bridge Township, New Jersey - June 25, 2001 Minutes

A Regular meeting of the Township Council of the Township of Old Bridge was held on June 25, 2001 in the Municipal Complex. The meeting was called to order at 7:00 p.m. by Vice-president Butler who asked all present to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places.

Roll call by Deputy Clerk Stella Ward, showed the following members present: Councilmen Greene, Hoff, Redmond, Sohor, Vice-president Butler. President Maher, Councilmen Testino and Councilwoman Hegarty arrived late. Councilman Cucchiara was absent.

APPROVAL OF MINUTES

May 14, 2001 - Regular
May 29, 2001 - Agenda

RESOLUTION #304

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

WHEREAS, the following minutes are hereby approved

May 14, 2001 - Regular
May 29, 2001 - Agenda

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

AYES: Councilmen Greene, Redmond, Sohor, Vice-president Butler.

NAYS: None.

ABSTAIN: Councilman Hoff.

ABSENT: Councilmen Cucchiara, Testino, Councilwoman Hegarty, President Maher.

Bill List

RESOLUTION #305

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 June 25, 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 June 25, 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 $4,099,062.01 (General Fund).

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

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

NAYS: None.

ABSTAIN: President Maher.

ABSENT: Councilmen Cucchiara, Testino, Councilwoman Hegarty.

Bill List

RESOLUTION #306

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 June 26, 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 June 26, 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 $654,635.46 (Payroll).

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

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

RESOLUTION #307

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:

AYES: Councilmen Butler, Redmond, Sohor, Councilwoman Hegarty, President Maher.

NAYS: Councilmen Greene, Hoff.

ABSENT: Councilmen Cucchiara, Testino.

Report of the Attorney

Councilman Hoff: Have there been any advances with the Cheesequake dam situation?

Attorney Condon: We are scheduling meetings with the Barclay Square residents and legal representatives of Cheesequake Village, I am not sure of the dates of these meeting.

Councilman Hoff: I am concerned about information request not be given. When will we be able to sit down and get some resolution?

Attorney Condon: I can assure you that we are pursuing this in a diligent manner and proceeding as fast as we can. We have always tried to meet requests and demands that we receive. I am not aware of any outstanding requests that haven't been answered.

Councilman Redmond: I would ask for an update on the status of the Brunetti tree cutting situation.

MOTION

to accept the report of the attorney by Councilman Hoff, seconded by Councilman Redmond and so accepted on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

Council Comments

President Maher: We will be adding the Town Centre Ordinance for First Reading tonight.

Attorney Condon: I would ask that you wait for Mr. Ruggierio to get here because he will want to discuss this with you.

President Maher: Mrs. Anderson is here tonight and I would like a status report on the playground in Genoa.

Mr. Badcock: We don't have any CDBG money yet.

President Maher: I thought that Himanshu found money in surplus.

Mr. Badcock: Himanshu found some money that we used for benches and other things. The major purchases we are going to need CDBG money.

President Maher: Will this be accomplished soon?

Mr. Badcock: We are putting in a swing and fences, it will be a beautiful park when it is finished. A trucking company is donating the fencing for around the basketball court, so we will have more money to put into the park. We are also looking into putting in a gazebo of some type for shelter.

ADDED DURING THE MEETING

Budget Transfer - $15,000.00 - Golf Study

Mr. Shah: We are recommending that you use KPMG as the consultant. We had sufficient funding in the audit accounts and we used it for Gene Farrell for the school budget review, so I need you to adopt a resolution transferring additional money in the audit account and then I can certify the funds.

President Maher: We need a cert on the golf study.

RESOLUTION #308

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

WHEREAS, it has become necessary to expend for various purposes which are specified in the budget, an amount in excess of the respective sums appropriated therefore, and

WHEREAS, there is an excess in certain other appropriations which are specified in the budget which are legally available for transfer; and

WHEREAS, under the provisions of R.S. 40A:4-58, during that last two months of the fiscal year, the Governing Body has the authority to transfer the amount of such appropriations as may be deemed to be in excess to such appropriations as may require it.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the transfer in the amount of $15,000.00 be made between the Current SFY 2001 Budget as follows:

GENERAL ACCOUNT

Department From To

Audit Fees - Other Expenses $15,000.00

Recreation - Salary & Wages $15,000.00

$15,000.00 $15,000.00

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

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

NO VOTE: Councilman Hoff.

Prior to the vote the following discussion took place

Councilman Hoff: Is this money for the golf feasibility study?

Mr. Shah: Yes. This is for the funding.

Councilman Hoff: Is there an estimate of the cost?

Mr. Shah: The total cost of the study will be $35,000.00, the cost is based on several consulting firms.

Councilman Hoff: Will they provide information for this to be a private enterprise or public enterprise. I don't want this to be a losing situation. If we are going to pay the capital on this and it benefits out of town residents, I don't want to get involved in this. I hope that this pays for itself and is a showplace for Old Bridge.

Mr. Shah: That is exactly what this study is all about. We had a study in 1999 and this is just updating that study. This could produce revenue for the township.

Councilman Hoff: How long will this take?

Mr. Shah: I can't give you a time frame until after you award the contract. I will meet with them and get back to you with this information.

President Maher: Okay then, we are moving this up to our consent agenda.

CONSENT AGENDA

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

Block Party - Erica Court - Saturday, July 21, 2001 - 5:00 P.M. - 10:00 P.M. (No Rain date)

RESOLUTION #309

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

WHEREAS, the residents of have requested permission to close Erica Court at the intersection of Oak Street for the purpose of a block party to be held on July 21, 2001 (rain date - NONE)

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions.

It is a requirement of this approval that you must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Clerk's office before Council approval.

It is a requirement of this approval that Erica Court be completely closed to vehicular traffic from the intersection of Oak Street This closing must apply also to the residents' vehicles as well as other vehicles. You will be responsible for making provision to have the roadway blocked, making sure that there is access for residents to enter and depart as they desire. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant).

The party must end and the streets reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

Old Bridge Township Raceway Park - Permission to hold fireworks display on: Wednesday, July 11, 2001 Between the hours of 9:00 P.M. - 10:30 P.M. ONLY

RESOLUTION #310

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

WHEREAS, Raceway Park has requested permission to have a fireworks display conducted by Garden State Fireworks, Inc. July 11, 2001 Between the hours of 9:00 p.m. and 10:30 p.m. ONLY; and

WHEREAS, the Township Council wishes to endorse and permit a fireworks display at Raceway Park;

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, hereby approves the fireworks display contingent upon receipt by the Township Clerk of a Certificate of Liability Insurance for Garden State Fireworks, Inc. covering the dates of the displays and upon receipt of a permit from the Fire Official from Fire District 3.

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

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

Authorized Leave of Absence due to personal illness - Irene Gendelman

RESOLUTION #311

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

WHEREAS, group life insurance is provided for members of the Public Employees Retirement System (PERS) effective January 1, 1956 by act of the State Legislature; and

WHEREAS, both noncontributory and contributory benefits are made available to employees who meet the eligibility requirements; and

WHEREAS, when a member is granted an official leave of absence without pay, the noncontributory and contributory insurance will continue for up to two years while on leave due to illness provided the public employer approves the leave by formal action; and

WHEREAS, at the end of the two year period of time, the member is permitted to convert the group policy to an individual policy.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that Irene Gendelman, Township employee, has formally requested leave of absence without pay resulting from a personal illness.

BE IT FURTHER RESOLVED, that the leave of absence will become effective as of June 26, 2001 and notification of said leave will be provided to the Division of Pensions by Marsha Rosenbaum, Director of Human Resources, and a copy of this resolution shall also be provided to Irene Gendelman.

BE IT FURTHER RESOLVED, that the leave of absence of Irene Gendelman is formally recognized, having been heretofore authorized by the Mayor, and it is understood that the Mayor may terminate the said leave of absence recognized under this resolution at any time and/or for any reason.

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

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

Home Depot - Grand Opening Event (Various scheduled events)

RESOLUTION #312

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

WHEREAS, the Township Council is aware that the Home Depot store is having a Grand Opening Day on June 27, 2001 and Weekend from June 28, 2001 through July 1, 2001; and

WHEREAS, the Home Depot is planning various events for their Grand Opening; and

WHEREAS, the scheduled events include an open tent used for vendor displays and a marked area for a monster truck exhibition.

WHEREAS, the following standard fire safety issues must be met: fire extinguishes in close proximity, accessible fire lanes, egress from all stores must remain accessible and electrical equipment must comply wit NFFA 70.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the above-described Grand Opening Day events scheduled for the Home Depot are hereby approved.

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

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

Purchase of two (2) copiers for Public Works and Planning Dept. (Capital fund C0122- 8525-44 P.W. CO122-8525-47 Planning) State Contract #A8333 Total for both machines and their maintenance $18,828.00 (CERT. #970) (AFFIRM. ACT.)

RESOLUTION #313

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 purchase two (2) copiers, under State Contract #A8333; and

WHEREAS, the Township of Old Bridge wishes to purchase under such State Contract the aforesaid copiers for the price of $18,828.00; and

WHEREAS, Stewart Industries, located at 45 East Main Street, Suite 208, Freehold, NJ 07728 has been awarded New Jersey State Contract #A8333; and

WHEREAS, the Township wishes to award State Contract #A8333 for two (2) copier machines and their maintenance service to Stewart Industries. (Capital Fund - CO122-8535-44 P.W. and Capital Fund - CO122-8525-47 Planning).

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. Stewart Industries, is hereby awarded a contract in the total amount of $18,828.00 for two (2) copiers and their maintenance.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #970 certifying the existence of a sufficient appropriation to fund the said contract.

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

This resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

Approval of partial settlement in Sommer vs. Old Bridge Case ($25,000.00 for Harleysville)

RESOLUTION #314

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

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township Legal Department is hereby authorized to accept a settlement in the amount of $25,000.00 in the Sommer vs, Township of Old Bridge case (coverage action); and

BE IT FURTHER RESOLVED that the release shall cover both the Global Landfill and Sommer claim and shall be substantially in the form attached hereto.

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

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

Old Bridge Citizens With Disabilities Day - July 29th

RESOLUTION #315

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 many citizens with disabilities; and

WHEREAS, these citizens are a valuable and important part of life in Old Bridge and contribute to the delivery of our community.

WHEREAS, the Township of Old Bridge wishes to honor citizens with disabilities with a Day of Recognition

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that July 29, 2001 is a Day of Recognition for Citizens with Disabilities.

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

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

Authorizing release of Escrow between the Township of Old Bridge & Kaplan at Old Bridge, Inc.

RESOLUTION #316

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 and the developer, Kaplan at Old Bridge, Inc. entered a certain agreement entitled "Agreement for Escrow to Induce Issuance of Certificate of Occupancy by the Township of Old Bridge and a Report of Compliance for Lot 49"; and

WHEREAS, the Agreement was signed on February 16, 1996; and

WHEREAS, the Township Engineer has indicated that the developer, Kaplan at Old Bridge, Inc. has fully complied with the terms of the escrow; and

WHEREAS, the escrow would otherwise be returned to the developer in the normal course of events by a resolution of the Township Council and the submission of appropriate vouchers; and

WHEREAS, the return of said monies would be inconsistent with the serious construction defects existing at other areas of the Oakwoods site; and

WHEREAS, the Township Council wishes to authorize the release of the subject money only if such release is made into the Superior Court of New Jersey.

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 Finance Director of the Township of Old Bridge is hereby authorized to pay the escrow funds held pursuant to the above-described Agreement of February 16, 1996 to the Superior Court of New Jersey. The Township Attorney shall direct the manner of transmission of the said funds to the Court.
The Township Attorney is hereby authorized to make appropriate application to the Court to pay over the said funds from escrow into the account of Superior Court.
Ultimate disposition of the funds shall be as directed by the Court in the pending Old Bridge vs. Kaplan, et al litigation.

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

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

Professional Services Contract to Mark Remsa, P.P. Planning Consultant for the Zoning Board at an hourly rate of $135.00 (No Cert. Required - Escrow Account)

RESOLUTION #317

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

WHEREAS, the Zoning Board of Adjustment requires the services of a Planning Consultant; and

WHEREAS, Mark Remsa, P.P. a licensed New Jersey firm, was and is recognized as capable and available to undertake such work.

WHEREAS, the Township Council wishes to authorize a contract with Mark Remsa, P.P. for purposes of providing the aforesaid professional consulting service to the Township Zoning Board of Adjustment from escrow funds.

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. Mark Remsa, PP CLA AICP, ASLA be and hereby awarded a contract for assistance to the Zoning Board of Adjustment for consultant services.

The amount of the contract shall be at the rate of $135.00 per hour.

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

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

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

Professional Services Agreement to CME Associates for Engineering Consultant for the Zoning Board of Adjustment (No. Cert. Required - Escrow Account )

RESOLUTION #318

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 requires the services of an Engineering Consultant for professional services to the Zoning Board of Adjustments; and

WHEREAS, CME Associates is a licensed New Jersey engineering consulting 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 consulting service to the Township Zoning Board of Adjustment from escrow funds.

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, Parlin, NJ 08859 being funded by the escrow account.

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

This resolution is conditioned upon the following:

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

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

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

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

Change Order M.J. Barone & Associates for additional Architectural Services required to revise plans and bid specifications for renovations to the Laurence Harbor Senior Center in the amount of $3,910.00 (CERT. #971) (AFFIRM. ACT.)

RESOLUTION #319

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 M.J. Barone & Associates for architectural services for the architectural plans to renovate the Laurence Harbor Senior Center; and

WHEREAS, M.J. Barone & Associates has requested a Change Order #1 for additional architectural services required in the revisions and design work to the Laurence Harbor Senior Center, in the amount of $3,910.00.

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 the Contract is hereby increased by $3,910.00 from $10,375.00 to $14,285.00 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:

ORIGINAL CONTRACT: $10,375.00

CHANGE ORDER $3,910.00

NEW AUTHORIZED TOTAL $14,285.00

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 Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

Award Contract #01-20 to Consolidated Environmental, Inc. - ACS Duct Cleaning in the amount of $36,240.00 (CERT. #976) (AFFIRM. ACT.)

RESOLUTION #320

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

WHEREAS, Consolidated Environmental, Inc. located at 124 Hastings Road, Fairfield, NJ, 07004 has been awarded Contract 01-20 for duct cleaning services; and

WHEREAS, the Township Council wishes to award for duct cleaning to the lowest responsible bidder; and

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. Consolidated Environmental is hereby awarded a contract in the amount of $36,240.00 for air duct cleaning.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds 976 certifying the existence of a sufficient appropriation to fund the said contract.

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

This resolution is conditioned upon the following:

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

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

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

D. Compliance by the vender 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 Hoff, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

Award Contract 01-18 to Outdoor Aluminum, Inc., in the amount of $35,000.00 for Aluminum Bleachers for the Old Bridge Municipal Arena (CERT. #972) (AFFIRM. ACT.)

RESOLUTION #321

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 wishes to endorse the Special Legislative Grant under contract 01-18 for the purchase of aluminum bleachers; and

WHEREAS, the Township wishes to award contract #01-18 for the purchase of aluminum bleachers to Outdoor Aluminum Inc. located at P.O. Box 118, Geneva, AL 36340, in the amount of $35,000.00

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

The Township of Old Bridge is hereby authorized to enter into a contract with Outdoor Aluminum Inc. for the purchase of elevated aluminum bleachers for the Old Bridge Municipal Arena being purchased under a grant.

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

This resolution is conditioned upon the following:

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

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

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

D. Compliance by the vender 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 Hoff, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

Resolution to hire Big 5 Accounting Firm to update the feasibility of the golf course. (Proposals from: KPMG & Ernst & Young)

RESOLUTION #322

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 requires the services of a consulting firm for the purpose of studying the feasibility of a golf course in the Township of Old Bridge; and

WHEREAS, KPMG, a professional consultant, is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with KPMG to review the projected revenue flow and project profitability for proposed Township Golf Course on the Rose/Lambertson property in the amount of $35,000.00.

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

The Township of Old Bridge is hereby authorized to enter into a professional service contract with KPMG, located at 200 Crescent Court, Suite 300, Dallas, TX in the amount of $35,000.00 in accordance with the general terms and conditions set forth in the proposal.

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

This resolution is conditioned upon the following:

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

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

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

D. Compliance by the vender 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 Hoff, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

Bingo/Raffle (RA-64-01 Elks)

RESOLUTION #323

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:

RA64-01 Old Bridge Elks

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

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

NAYS: None.

ABSTAIN: Councilman Greene.

ABSENT: Councilmen Cucchiara, Testino.

Block Party - Frederick Place - Saturday, August 25, 2001 from 10:00 A.M. - 10:00 P.M. (Rain date: Saturday, September 1, 2001)

RESOLUTION #324

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

WHEREAS, the residents of have requested permission to close Frederick Place at the intersection of Albert Drive and Cindy Street for the purpose of a block party to be held on August 25, 2001 (rain date September 1)

It is a requirement of this approval that Frederick Place be completely closed to vehicular traffic from the intersection of Albert Drive and Cindy Street. This closing must apply also to the residents' vehicles as well as other vehicles. You will be responsible for making provision to have the roadway blocked, making sure that there is access for residents to enter and depart as they desire. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant).

The party must end and the streets reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

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

ABSTAIN: Councilwoman Hegarty.

ABSENT: Councilmen Cucchiara, Testino.

Waiver of $100.00 in permit fees - St. Ambrose Church

RESOLUTION #325

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

WHEREAS, the Pastor of St. Ambrose Church has requested that the permit fees in the amount of $100.00 for renovations to St. Ambrose Church be waived.

WHEREAS, St. Ambrose Church is a non-profit corporation.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the permit fees are hereby waived.

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

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

AYES: Councilmen Butler, Hoff, Sohor, President Maher.

NAYS: None.

ABSTAIN: Councilmen Greene, Redmond, Councilwoman Hegarty.

ABSENT: Councilmen Cucchiara, Testino.

Award Contract #01-14 to J. Patrick & Son in the sum of $119,540.00 for renovations to the Laurence Harbor Recreation Center (CERT. #973) (AFFIRM. ACT.)

RESOLUTION #326

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

WHEREAS, the Township of Old Bridge previously advertised and received bids for Contract #01-14 for renovation services; and

WHEREAS, bids were received and opened May 24, 2001; and

WHEREAS, the Township Council wishes to award the contract for the renovations of the Laurence Harbor Recreation Center to the lowest responsible bidder; and

WHEREAS, the Architect for the Township, MJ Barone, has recommended that a contract be awarded to J. Patrick & Son Construction, located in South River, New Jersey, as they submitted the lowest responsible bid.

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

1. The contract #01-14 is hereby awarded to J. Patrick & Son Construction of South River, New Jersey in the amount of $119,540.00 for the renovations to the Laurence Harbor Recreation Center

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds 973 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

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

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

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

D. Compliance by the vender 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 Hoff and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

Prior to the vote the following discussion took place

Councilman Hoff: I would just like to thank Tom Badcock and Bob Heims on the nice job that they did on getting this project ready to go.

Award Contract #01-13 to T.G. Gallant Construction in the amount of $307,804.00 for renovations to the Laurence Harbor Senior Center (CERT. #974) (AFFIRM. ACT.)

RESOLUTION #327

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

WHEREAS, the Township of Old Bridge previously advertised and received bids for Contract #01-13 for renovation services; and

WHEREAS, bids were received and opened on May 24, 2001; and

WHEREAS, the Township Council wishes to award for renovation of the Laurence Harbor Senior Center to the lowest responsible bidder; and

WHEREAS, the Architect for the Township, MJ Barone, has recommended that a contract be awarded to TG Gallant Construction located in Old Bridge, New Jersey, as they submitted the lowest responsible bid.

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

1. The contract #01-13 is hereby awarded to TG Gallant Construction of Old Bridge, New Jersey in the amount of $307,804.00 for the renovations to the Laurence Harbor Senior Center

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds 974 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

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

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

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

D. Compliance by the vender 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 Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Testino.

Prior to the vote the following discussion took place

Councilman Hoff: Again I want to compliment Tom Badcock and Bob Heims on this project. It is important for the town and I support this whole heartily.

Resolution - Old Bridge Marching Band Donation

RESOLUTION #328

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

BE IT RESOLVED by the Township Council of the Township of Old Bridge that the sum of $3,000.00 shall be paid over to the Old Bridge High School Marching Knights Band Project Fund for payment of the travel and attendance expenses of the Old Bridge High School Band, known as the Old Bridge High School Knights Marching Band, at the competition held at Boston, Mass; and

BE IT FURTHER RESOLVED that the Old Bridge Knights Band shall provide such proof as may be requested by the Township Finance Director to prove the expenditure of the said funds (how expended and to whom expended); and

BE IT FURTHER RESOLVED by the Township Council that any and all restrictions which might have been previously imposed by Resolution of the Township Council be and hereby are waived for this particular application.

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

AYES: Councilmen Butler, Redmond, Sohor, Testino, Councilwoman Hegarty, President Maher.

NAYS: Councilman Hoff.

ABSTAIN: Councilman Greene.

ABSENT: Councilman Cucchiara.

Prior to the vote the following discussion took place

Councilman Hoff: We have talked this over a number of times, we should stand by the people that we ask to make rules, we should enforce the rules instead of acting every time there is a little pressure. I don't think that we should make this donation. They are asking for money after they had a trip, they should of asked first. They should ask the school board.

MOTION

Councilman Hoff moves to deny the grant, NO SECOND

Ms. Shepler: I would ask how much this grant is for?

President Maher: $2,500.00

Ms. Shepler: There is no dollar amount in the request, nor are there receipts or validation, I have no idea how many children were scheduled to do this. I believe that it is $200.00 per child; up to $3,000.00.

Councilwoman Hegarty: It was 30 kids.

Councilman Redmond: Can we do this with out that information?

Councilman Hoff: We should not be doing this at all.

President Maher: Let's do $3,000.00.

Councilman Sohor: There are over 100 kids.

Councilman Hoff: What is the motion?

President Maher: The motion is to grant $3,000.00

Councilman Hoff: I had a motion to deny.

President Maher: You don't have a second.

Councilman Butler: I seconded the motion to grant.

Councilman Hoff: When will we teach these people to go to the Board of Education for this kind of money? They have a bigger budget and more liberal rules and don't have that many people asking for money. We have all types of groups asking us for money. You have to put a stop to this.

Subsequent to the vote the following discussion took place

Councilman Testino: Can we ask the recreation board to revise the rules to include the Marching Band so we are not in the same position next year? Himanshu is this still going to be a line item?

Mr. Shah: No previews on the budget.

SET DATE

Release/Reduction Performance Guarantee - Jack Aaronson/Courtco, L.L.C. Suggested Date: Monday, August 13, 2001 at 7:30 P.M.

No discussion.

REPORT

Lenox Avenue - (Report by: Traffic & Safety, Legal, Code & Administration)

President Maher: We got a report on this and I would like to send it to Ken Campbell.

During the meeting Mr. Campbell was handed a copy of these reports by Council Stenographer.

LIQUOR LICENSES

Renewal of Club License Matawan Italian American Club #1209-31-041-001

RESOLUTION #329

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

WHEREAS, the applicants listed below have applied to the Township of Old Bridge, in the County of Middlesex and State of New Jersey for the renewal of their Club License for the period of 2001-2002; and

WHEREAS, they have complied with the rules governing the renewal of Alcoholic Beverage Distribution Licenses and having paid the fee of One Hundred Fifty and no cents ($150.00), and as no objections have been received to the renewal of the said license;

NOW, THEREFORE, BE IT RESOLVED that the Clerk of the Township of Old Bridge is hereby authorized to issue the applicants a renewal of their Club License for the period of 2001-2002 effective July 1, 2001.

State License No. Licensee

1209-31-041-001 Matawan Italian American Club
Highway 35 PO Box 202
Matawan, NJ 07747

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

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

NAYS: None.

ABSTAIN: Councilman Testino.

ABSENT: Councilmen Cucchiara.

Renewal of Consumption License (Inactive) STA of Laurence Harbor, Inc. T/A Gerity's #1209-33-016-006

RESOLUTION #330

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

WHEREAS, the applicants listed below have applied to the Township of Old Bridge, in the County of Middlesex and State of New Jersey for the renewal of their inactive Plenary Retail Consumption License for the period of 2001-2002; and

WHEREAS, they have complied with the rules governing the renewal of Alcoholic Beverage Distribution Licenses and having paid the fee of One Thousand Five Hundred Seventy-Six Dollars and Sixty Cents ($1,576.60), and as no objections have been received to the renewal of the said license;

NOW, THEREFORE, BE IT RESOLVED that the Clerk of the Township of Old Bridge is hereby authorized to issue the applicants a renewal of their Plenary Retail Distribution License for the period of 2001-2002 effective July 1, 2001.

State License No. Licensee

1209-33-016-006 STA OF LAURENCE HARBOR
t/a Gerity's Breeze Inn
40 Albert Drive
Parlin, NJ 08859

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

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

NAYS: None.

ABSTAIN: Councilman Testino.

ABSENT: Councilman Cucchiara.

Renewal of Consumption License H.K.W. Corp. T/A Peapod Hong Kong Wok #1209-33-024-006

RESOLUTION #331

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

WHEREAS, the applicants listed below have applied to the Township of Old Bridge, in the County of Middlesex and State of New Jersey for the renewal of their Plenary Retail Consumption License for the period of 2001-2002; and

WHEREAS, they have complied with the rules governing the renewal of Alcoholic Beverage Distribution Licenses and having paid the fee of One Thousand Five Hundred Seventy-six Dollars and Sixty Cents ($1,576.60), and as no objections have been received to the renewal of the said license;

State License No. Licensee

1209-33-024-006 H.K.W. Corp
t/a Peapod Hong Kong Wok
160 Route 34
Matawan NJ 07747

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

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

NAYS: None.

ABSTAIN: Councilman Testino

Renewal of Consumption License Sideline Lounge, T/A Club 516 #1209-33-004-002

RESOLUTION #332

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

On Friday and Saturdays from 6:00 p.m. to closing the license have someone on duty at the door to check I.D.

2. That the parking lot be patrolled to make sure that people are not gathering.

State License No. Licensee

1209-33-004-002 Sideline Lounge
t/a Club 516
60 State Highway 516
Old Bridge, NJ 08857

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

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

NAYS: None.

ABSTAIN: Councilman Testino.

ABSENT: Councilmen Cucchiara.

ORDINANCE FOR FIRST READING

TABLED

TOWNSHIP OF OLD BRIDGE

ORDINANCE VACATING PEDESTRIAN WALKWAY LOCATED IN BLOCK 4002, LOT 29.11

WHEREAS, the Township of Old Bridge is the owner of a narrow parcel of land located in block 4002, lot 29.11 on the tax map of Old Bridge; and

WHEREAS, this parcel of property was intended to serve as a pedestrian walkway to Route 34; and

WHEREAS, this parcel of land has never been improved for use as a pedestrian walkway; and

WHEREAS, the Township may vacate this parcel of property pursuant to N.J.S.A. 40:67-19; and

WHEREAS, it is in the public's interest to vacate this parcel of property; therefore

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

Section 1: Purpose

The purpose of this Ordinance is to vacate an unimproved pedestrian walkway which is no longer needed for public use by the Township of Old Bridge.

Section 2: Ordinance

Block 4002, lot 29.11 on the tax map of Old Bridge, is hereby vacated by the Township of Old Bridge. Within sixty (60) days of the effective date of this ordinance a certified copy of this Ordinance together with proof of publication shall be filed with the Clerk of Middlesex County for recording. The vacation of this parcel of property is contingent upon the payment of $1,800.00 for administrative, legal and engineering fees and costs by the owner of block 4002, lot 29 which sum shall be paid prior to the second reading of this Ordinance.

Section 3. Inconsistent Ordinances.

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

Section 4. Partial Invalidity.

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

Section 5. Effective Date.

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

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

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

MOTION *

To approve Ordinance granting easement on Block 4002, lot 19 for First Reading by Councilman Butler, seconded by Councilwoman Hegarty and so passed on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Cucchiara.

* THIS MOTION SUPERCEDED BY TABLE MOTION

After Roll call on Approval of Ordinance the following motions were made.

MOTION

To reconsider passage on Ordinance granting easement on Block 4002, lot 19 by Councilman Hoff, seconded by Councilwoman Hegarty and so reconsidered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Cucchiara.

MOTION

Moved to TABLE Ordinance granting easement on Block 4002, lot 19, by Councilman Hoff, seconded by President Maher and so TABLED on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Cucchiara.

Prior to the vote the following discussion took place

Ms. Shepler: I haven't seen the paper work on this and I received a fax from Mr. Heilbrunn indicating his client is willing to pay the $1,800.00. I want to make sure that the ordinance reflects that.

President Maher: We can amend it on second reading.

Ms. Shepler: Counsel is telling me that shifting the easement from one side to the other is a vacation.

Attorney Ruggierio: A vacation is what the council directed at the agenda session.

Councilman Testino: It was conditioned on payment.

Ms. Shepler: We were going to vacate the original walkway, shift it five feet to the other side of the lot and ask for $1,800.00.

Attorney Ruggierio: There were 2 options, one was to shift it and the other was to vacate and council directed vacation.

Councilman Greene: I don't remember us making a determination. I asked for a position from the engine