Old Bridge Township, New Jersey - January 14, 2002 Minutes

A Regular Meeting of the Township Council of the Township of Old Bridge was held on January 14, 2002 in the Municipal Complex. The meeting was called to order at 8:00 p.m. by President Butler.

Guests

Weeblo Pack No. 129 with Karen Redmond as den leader and Joe Geronimo as the assistant leader led the assembly in a Presentation of Colors and the Salute to the Flag which was followed by a short prayer.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Monday, January 22, 2002 at 8:00 p.m.

Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Baker, Calogera, Greene, Hoff, Redmond, Testino, Councilwoman Panos, President Butler.

Councilman Maher was absent.

Presentation

Mayor Cannon presented Certificates of Excellence to the following Old Bridge Rams Midget Cheerleaders as the 2001 Pop Warner National Champions:

Heather Balla, Simone Brown, Mary Costello, Lisa Frankfurt, Veronica Giraldo, Samantha Gold, Elizabeth Graff, Brittania Horvath, Tara Iacarino, Samantha Jacobs, Amanda Lukas, Angelina Mendez, Ashley Osadacz, Samantha Scozarri, Shaylen Stout, Alexa Taddeo, Lauren Taguer, Mandy Wolfinger, Stacey Wood

The following coaches were also given certificates:

Diane Taguer, Debbie Frankfurt , Donna Turner, Donna Taddeo, Kristen Schreiner, Marilyn McGeehan

RESOLUTION NO. 32

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

the following minutes are hereby approved:

December 17, 2001 - Combined Meeting

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

AYES: Councilmen Greene, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

ABSTAIN: Councilmen Baker, Calogera, Hoff, Councilwoman Panos.

RESOLUTION NO. 33

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 January 14, 2002 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 January 14, 2002 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $18,451,763.24 (Accounts Payable).

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

AYES: Councilmen Baker, Greene, Hoff, Redmond, Testino, President Butler.

NAYS: None.

ABSTAIN: Councilman Calogera, Councilwoman Panos.

ABSENT: Councilman Maher.

RESOLUTION NO. 34

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

AYES: Councilmen Baker, Greene, Hoff, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

ABSTAIN: Councilman Calogera, Councilwoman Panos.

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

Councilman Hoff: I would like to know why we cannot receive payroll records.

Mr. Shah: Council has requested the information you are currently receiving. If you pay attention, the records you receive are the bi-monthly records, the budget status report, etc. It is not merely a stack of paper. It is the list of bills we are paying. We don't have a problem giving you payroll records.

Councilman Hoff: I would like to have a personnel/payroll accounting every month.

RESOLUTION NO. 35

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

AYES: Councilmen Baker, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: Councilmen Greene, Hoff.

ABSENT: Councilman Maher.

ABSTAIN: Councilmen Calogera.

RESOLUTION NO. 36

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

AYES: Councilmen Baker, Greene, Hoff, Redmond, Testino, President Butler.

NAYS: None.

ABSTAIN: Councilman Calogera, Councilwoman Panos.

ABSENT: Councilman Maher.

RESOLUTION NO. 37

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

AYES: Councilmen Baker, Calogera, Redmond, Testino, President Butler.

NAYS: Councilmen Greene, Hoff, Councilwoman Panos.

ABSENT: Councilman Maher.

Report of the Clerk.

MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, CLERK

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

DOGS:

3129-3136 61.00

CATS:

378-379 17.00

LICENSE:

Old Bridge Raceway Park Mass Assembly License 300.00
#291 VanderHorn - Christmas Trees 100.00
#292 Junice - Christmas Trees 100.00
#293 Reszkowski - Christmas Trees 100.00
Ed's In Town Car Service - Taxi License 25.00

625.00

BINGO/RAFFLE

RA 25-02 Pop Warner 20.00
RA 26-02 Holmdel Education Foundation 300.00
BA 27-02 St Ambrose Church 500.00
BA 28-02 St Ambrose Church 490.00
BA 29-02 St Ambrose Church 490.00
BA 30-02 St Ambrose Church 500.00

2,300.00

MAPS

1 Ward Map 5.00

SEARCH

21-2001 10.00

MISCELLANEOUS:

Ethics Fine - Michael Hegarty 100.00
Reimb Polling Place 150.00
Late Fees DOG 3.00 253.00

Total: $3,271.00

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

AYES: Councilmen Baker, Calogera, Greene, Hoff, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher:

Report of the Attorney.

Attorney Ruggierio: This week following the request that this item of extending the promotion exam for sergeants be extended for a an additional year was put on the agenda. I believe the request came from Capt. Cerra. The council may wish to hear from parties who object to this idea.

I distributed copies of the codification to Councilmen Baker and Calogera and Councilwoman Panos. Councilman Greene would like a copy also.

I have two versions of the "police" ordinance. They both start out saying "Authorizing police positions ratifying the numbers of police positions"; the other states "Authorizing police positions". In your packet there was a second ordinance which I have marked "Testino" indicating that Councilman Testino drew this ordinance replacing that which I had given to the Clerk. These are not vastly different, but I drew my ordinance in a certain way so that you could have a meaningful debate about what I assumed was going to determine how many additional officers as patrolmen in the police department were needed. Currently, Capt. Cerra informs me that there are 74 patrol officers occupying positions. There are 29 sergeants, lieutenants, captains and chief of police above those positions. The administrator told me that there should be 75; one of the individuals resigned so that the number on my ordinance should be 75.

In Section 3 of the ordinance I drew, I indicate that there would be "following number of new patrol officers are hereby authorized leaving a blank space (which was also left two other places). That is so that the council can make a determination of beyond what you have right now - how many additional you want to add. The difference in Mr. Testino's ordinance is that he authorizes 87 patrol officers, which would be 13 above the 74 or 12 above the 75.

I gave you a copy of a letter to the county with an editorial comment. I have suggested to you in the past that we ought to think about retaining or developing the property that we received from the county in the O&Y purchase. The letter attached to my cover sheet is a letter which I propose to send to the county to accomplish the township council's request. I will distribute this to relevant department heads before mailing to be sure that the math is accurate. The last page of this contains the amount that we are asking for as of 12/31/01 which is $1,468,567 which includes the original cost of the property, the consultant's cost at the time of purchase (our share) and the design cost for Mr. Walmsley who did the design on the potential senior citizen project. The largest portion of what we are requesting from the county is about $440,000 which is the interest that has been paid on the property since we acquired it. I have asked for conservative figures on the worth of this property with uplands and wetlands combined. It has been indicated to me from the tax assessor that conservatively this property is worth $8.5 million. I urge you to think about doing something more meaningful with this property.

I have done all that needs to be done with respect to Cheesequake Dam. We are waiting for the association to give us a deed so that we can begin the work necessary for the designing, etc. The association still has the money, and they need to have an indication from Trenton that the money can be turned over to the town. For those who are about to have influence in Trenton, perhaps you could ask them to get that money because we have a time limit that is running out.

Councilman Hoff: I thought I saw a letter transferring the money.

Attorney Ruggierio: Someone representing the association said to let the township have the monies. Considering the changes in Trenton, we need to light a fire because there is a time limit during which we can use the money. We don't want to lose it.

Councilman Hoff: December 2002 is the date.

Mr.Tanela: Our attorney has been in touch with Ms. Hampton who has handled the Governor's discretionary funds. They are overloaded with work and not have not done anything yet. I have talked to Sam Thompson who feels there will be no problem transferring the money.

Attorney Ruggierio: If we are going to be hung up, perhaps the association could get T&M, or whoever is going to do the engineering, started.

Mr. Tanela: We need to know whether or not to go ahead.

Mayor Cannon: There are other language differences in the police department ordinances.

Attorney Ruggierio: There are language differences, but I believe the only reason it was taken out was because I put a section here recognizing the existing numbers within the police department, and I had language "nothing in this section shall be deemed to expand or contract the number of sworn officers within the police department". The next section did expand the number of officers by saying "the following additional police officers authorized". I had many people speak to me when this ordinance first came about and asked me if the ordinance as identified on the agenda was "to mandate the number of police officers within the police department". When you use words like "mandated" this means to compel or to force. I guess the concern was that if someone was contending that if you list these numbers within the police ordinance, are then you compelled as the Mayor to hire? I was aware that there was a law that suggested that was not so. I had a conversation with Capt. Cerra, and he and I are in agreement that the listing of these positions within an ordinance is authorizing these positions. If the Mayor does not fill those positions, she cannot be compelled to do this by the ordinance. The way Mr. Testino spoke about the ordinance is consistent with that interpretation. He does not have language in the ordinance that would lead to a different interpretation. If the council has a different point of view about what this ordinance means, I would be happy to address it. It cannot mandate the position, and I don't think that anyone is suggesting that it is intended to mandate the position. It intent is to recognize the existence and authorize the hiring within these numbers.

Councilwoman Panos: Which ordinance am I to look at? It is standard policy for a council person to draft an ordinance?

Attorney Ruggierio: If a council person wants to draft an ordinance, it is usually given to the legal department for review. The procedure we follow is that I draft an ordinance and send it to the Clerk's office. That is the one distributed. If a council person wants to replace that ordinance, his or hers could be distributed.

Councilwoman Panos: Are we going to discuss each one of them?

President Butler: We will.

Motion

to accept the report of the attorney made by Councilman Hoff, seconded by Councilman Greene and so ordered on the following roll call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

Preliminary public comments.

Virginia Casuba (220 Cleveland Avenue, LH): Addressed the township council with respect to the traffic congestion on Cleveland Avenue.

Mayor Cannon: Informed Ms. Casuba that the Traffic and Safety will investigate the situation and make suggestions.

Keith Calvosa (112 Sherwood Drive): I am president of the Old Bridge PBA. The PBA has come here this evening to voice its strong opposition to the proposed changes in our promotional ordinance. It is the first reading of the ordinance to change the expiration time of the list of candidates for sergeants from two years to three years. The proposal would also affect the current sergeant's list which is due to expire on February 7, 2002. We want to know why within three weeks of the expiration of the list are you considering extending it?

We have been told that the reason is money. Due to unanticipated expenditures in the police operating budget for such items as specialized training and equipment after the September 11 tragedy, the estimated $25,000 to run the test is just not there. I don't see why it needs to be there. There are currently no openings for sergeant, and I cannot foresee a situation where a sergeant's test would have to be given in the current fiscal year. If a lieutenant retired on February 1, promotion would be made from the current list. If a lieutenant retired on March 1, a test would not have to be announced for sergeant until May, and the test would not have to be given until after July under a new budget. Even if a test had to be given this year, the council has the ability to transfer funds to the police budget.

The second reason for extending the list is to prevent the utilization of acting sergeants. Changing this ordinance does not alleviate acting sergeants. When a list expires, a new test is not announced until a sergeant's position becomes available. The spot either remains open or is filled with an acting sergeant by the chief of police while the test proceeds. The chief then makes a permanent promotion at the completion of the testing process. Extending this list does not change anything, but only postpones the inevitable.

It is the PBA's opinion that to change our promotional ordinance at this time is unfair and inappropriate. It is unfair that the membership which sent me here and who had to choose between the rights of those who are currently on the list and the rights of those waiting to take the next one. It is unfair to all who are eager to compete for the next position to wait and watch while a list due to expire in three weeks is extended for another full year. It is unfair to suddenly exclude us from a process of changing an ordinance that we helped put in place. We have great respect for our elected officials and administrators. In this case it does not appear that the feeling is mutual.

We don't deserve to be treated this way. It is damaging to the PBA and to the morale of your police officers. The PBA supported the original promotional ordinance and the change in the ordinance giving the chief of police the power to promote. We cannot support arbitrary changes in our promotional ordinance when there is not legitimate reason for the change. The PBA is always willing to sit down with the elected officials, the police administration and the township administration to solve problems. We have done that with our prior promotional ordinances; together we created something that everyone supported. We were left out this time, and we are very disappointed. The result is an ordinance that we must oppose, not because we were not involved in the creation, but because it is simply wrong.

The vote that you are about to cast should not be about money or acting positions. It should be about your responsibility to your police officers. We serve you and the citizens of Old Bridge well. You should serve us well in return. Show us that you believe in fairness and that you support your police officers and that you will do what is right. We deserve it.

President Butler: I have been a supporter of the police since I was elected in 1990. I realize that there are concerns about having the time to take the test. You have asked "why". It is because that in the budget process there is not any effort made to put the $25,000 in the police testing. You made a statement that if we had to buy police cars, we would transfer money. That is something that we are doing. We are transferring for police cars in May. Can we transfer money for the police test?

Mayor Cannon: We checked the budget, and we discovered that there was money budgeted for testing. There is close to $25,000 left in the account.

Mr. Shah: The council passed a resolution transferring money into the police car accounts. I cannot guarantee this will happen because this depends on the financial position of all other accounts. That is the same for the additional $25,000. Although we are going to work with the police department, you cannot create a new appropriation through the transfer. You can only transfer money into the existing appropriation line item.

With respect to the police budget, the only thing I can comment on is the amount available in the individual line items. My staff was asked about the statement of accounts. As of now, there was money budgeted. I have seen the budget request. The line item "professional services" has about $25,000, and there is $23,000 unspent. You look at the overall total budget, and under the statute the total "other expenses" in the line item is the total budget. You could have excess in one and a deficit in another account. As of today, there is $221,186 unspent in police department "other expenses". Of the total $544,640 was budgeted. Does that mean that this full amount is going to be available by June 30? I cannot guarantee that because I don't know what other expenses will be coming up. We go through the normal process of approving expenses, and I am certain that the police department will be making the request.

President Butler: You have to research to determine if the money is there?

Mr. Shah: Those are the balances in the police department budget. There is money in the specific line item for police testing. There is a total of $221,000. I cannot do any research beyond that right now. In terms of the additional funding available in May, May and June are the two months that we can do transfers. Towards the end of April we review account balances to determine if there is additional funding. I don't want to say that we will not have anything; I don't want to say that we will have everything. We do many transfers in May and June.

President Butler: When you get the information you are looking for, we can communicate that to Keith and the PBA.

Councilman Testino: Did you say that we cannot buy police cars in May and June because we don't have a line item?

Mr. Shah: You cannot create a line item using the transfer.

Councilman Testino: Therefore, when we voted on the budget, the motion to get us to adopt the budget that night is not accurate. We cannot get the police cars in May or June?

Mr. Shah: We will figure out what other options are, and we will decide that. I want to alert you that you cannot create a line item in the budget to the transfer.

Councilman Testino: Now you know why I voted "no". With respect to the PBA, are you allowed to reveal the vote? Is this a position that you want us to talk about, or is it a flat "no"?

PO Calvosa: The ordinance is aimed at extending the current list for another year and future lists for three years. This does not give us time for talking.

Councilman Testino: At some point you or the union will make a recommendation about whether or not there should be a three year list versus a three year list, but you like the ordinance the way it is, correct?

PO Calvosa: I did not take a vote on whether they want a two or three year list, but rather if the ordinance as written was acceptable to the organization. For the reason of extending a list that is currently active and about to expire is what was objected to by the organization.

Attorney Ruggierio: I do not believe that the second part of what you have said is an accurate indication of what I heard the council say they wanted to do, i.e., extend future lists to three years as opposed to two. The only thing that is before the council right now by way of a draft ordinance is to extend the existing list before it expires until March 1, 2003.

Councilman Calogera: I understand that we made expenditures sending people to the World Trade Center. I would imagine that we will be getting money back from an application request to FEMA.

Capt. Cerra: That was all volunteer.

Councilman Calogera: Do we have an application into FEMA?

Councilman Testino: There is no line item; therefore, we cannot spend without a line item.

Ms. Shepler: There were funds expended for purchases, and it was my understanding that those types of purchases for the biohazard materials (hazmat suits, goggles, etc.) were reimbursable under the FEMA reimbursement, and I assume that was being take care of. I do not know the amount.

Councilman Calogera: I believe that we should not become involved in a lawsuit, but I disagree with him in the way we can go about this. We need to back our police officers. I have taken tests and waited on lists, and I understand both sides of the coin. Morale is very important, and we owe it to the young officers to be able to take a test. Our ordinance states "for a period of not more than two years". That is the intent of the ordinance, and I want everyone to be cognizant of the needs to be able to advance within the job. They have spent a lot of time studying in anticipation of being able to take a sergeant's exam.

Councilman Greene: My comment is directed to the appropriation of the $25,000. The phrase used in the memo states "the list was posted February 2, 2000". I assume that this was the start date of the list. It appears clear that this is a two year list. That $25,000 should have been in the budget. We should not be questioning that.

Councilman Calogera: Is that not under Line Item No. 4290 for Professional Fees for Outside Testing?

Councilman Greene: There was an issue raised as to why we should extend the list, and we don't have the money.

Councilman Calogera: That line item had $23,537.00.

Councilman Greene: That was revealed today.

Capt. Cerra: You approved under "Other Expenses" $544,000 for the police. We have spent or encumbered $424,000 to date, leaving me with $120,000 for the next five and one-half months. With respect to the "290" account, on December 28 you approved 116 police. Professional fees come under that also, i.e., school, medical visits, etc. When I fight for more money in professional accounts, I ask for $40,000; I get $10,000, and I get $25,000. To hire and administer test, you need more money that what is there. Is your priority getting more police on the job or administering tests? My priority is getting more police officers. You approved the money for the police officers to be hired; you need money to get them in the door. We have $120,000 for the next five and one-half months on a budget that was $544,000 for the year. On account "310" you will see that we are at $80,000. You only put in $45,000. Money has to be transferred from other accounts to fill the gap in that account. Instead of the ordinance, find me $25,000 to run a test. I don't come to you with a problem without a solution. Know well that I need $25,000 to give the test.

Councilwoman Panos: The 116 is still not approved. We have the PBA asking us to hold off on this. A happy cop is a good cop.

President Butler: We have an idea of why we are in this situation, and what we are going to do to make it right. We will work on that.

Steve Daroci: I am on the active promotional list for the sergeants. I ask you to extend the list for another year because if an opening occurs and the list expires, you are going to have to make acting sergeants. For years the PBA has fought against acting sergeants. Is the council going to look into the ordinance to prevent these acting positions or is there some other way that we can go about this? There are no present openings for sergeant. There won't be any until later in 2002.

Mr. Rao: Requested the Mayor to explain the library "scandal" with respect to the electrical and gas problem.

Mayor Cannon: The library was approved eleven years ago on a very broad consensus. There are problems with the library and we are reviewing and evaluating the situation. The library has served us well and everyone deserves to know what the electrical problem is. We will have answers as soon as the committee completes its work. The contracts were awarded by council.

Public comments on items listed on the consent agenda. Seeing no hands President Butler closed this portion.

Consent Agenda.

RESOLUTION NO. 38

RESOLUTION HONORING THE BRAVERY AND SELFLESS DEDICATION OF OLD BRIDGE TOWNSHIP POLICE OFFICERS ON SEPTEMBER 11, 2001

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

WHEREAS, the City of New York suffered unspeakable death, injury and destruction on Tuesday, September 11, 2001; and

WHEREAS, so many police officers, fire fighters and emergency medical staff responded without hesitation; and

WHEREAS, so many of the individuals responding also met with death and injury; and

WHEREAS, the terrorist attacks on New York City caused direct consequences in Old Bridge Township because of its large commuter population to New York City; and

WHEREAS, not the least of these consequences was the missing or deceased 12 Old Bridge Township citizens; and

WHEREAS, even in the face of these events and the ongoing danger implied by terrorist attacks upon New York City, Old Bridge Police Officers presented themselves without hesitation for duty in New York City and in Old Bridge Township to give assistance to the victims of this great tragedy; and

WHEREAS, it is but a small measure of respect for these Police Officers that the Township Council adopt a formal resolution recognizing and celebrating their bravery and spirit.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Mayor, Township Council and entire government of Old Bridge Township does hereby announce its sympathy and solidarity with the victims of the attacks upon the Work Trade Center and the Pentagon, the families of those missing or deceased and all who gave their time and talents in selfless devotion at the scene of these tragedies; and

BE IT FURTHER RESOLVED by the Township Council that the Mayor, Township Council and entire government of Old Bridge Township offers their sympathy and solidarity with the 12 citizens of Old Bridge Township who are missing or deceased at the scene of the Twin Tower attacks; and

BE IT FURTHER RESOLVED by the Township Council that the Mayor, Township Council and entire governmental family of Old Bridge Township does hereby express its gratitude, respect and pride in the Police Officers from Old Bridge Township who offered their services and talents at the time of this tragedy; and thus, the Mayor, Township Council and the community of Old Bridge Township does hereby offer specific and particular gratitude for the bravery and selfless dedication of the Old Bridge Township Police Department.

The following Police Officers are hereby commended by the Township of Old Bridge:

Captain Dennis Cronin, Sergeant Robert Weiss, Sergeant Charles Spinola, Detective Steve Daroci, Sergeant David Lynch, Detective Glenn Cavasin, Detective Peter LoPresti, Patrolman Walter Decker, Detective John Reinhardt ,Patrolman Michael Cronin, Detective Robert Mazalewski, Patrolman Ronald Atlak, Patrolman Steve Sherry, Patrolman Edward Jarusiewicz, Patrolman Thomas Montagna, Patrolman Michael Blahota, Patrolman Keith Calvosa, Patrolman Michael LaForte,

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

AYES: Councilmen Baker, Greene, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilmen Calogera, Hoff.

RESOLUTION NO. 39

RESCINDING RESOLUTION AUTHORIZING RELEASE OF PERFORMANCE GUARANTEE FOR J.L.R.S. (HEILBRUNN BUILDING) AND MEMORIALIZING RELEASE OF THE PERFORMANCE GUARANTEE WITH CORRECTED AMOUNT

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

WHEREAS, at a Township Council meeting on December 11, 2001 the Township Council of the Township of Old Bridge passed a resolution to release the performance guarantee for J.L.R.S. (Heilbrunn Building) located at Route 516; and

WHEREAS, the Township Council wished to rescind the resolution releasing the performance guarantee which was passed at the December 11, 2001 meeting due to an incorrect amount; and

WHEREAS, the Township Council wishes to release the performance guarantee for J.L.R.S. (Heilbrunn Building) for the corrected amount as follows:

Performance Bond $44,895.33

WHEREAS, a 10% cash deposit is to be held in the amount of $4,988.37.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, of the Township of Old Bridge, County of Middlesex, State of New Jersey, has recommended that the resolution to release the performance guarantee for J.L.R.S. (Heilbrunn Building) on December 11, 2001 is hereby rescinded and the Township Council has recommended the performance guarantee for J.L.R.S. (Heilbrunn Building) in the amount of $44,895.33 be released and a 10% cash deposit of $4,988.37 be held.

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

AYES: Councilmen Baker, Greene, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilmen Calogera, Hoff.

RESOLUTION NO. 40

RESOLUTION MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR TOUBIN REALTY/CVS

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

WHEREAS, the developer of CVs, Toubin Realty, has requested a release of the performance guarantee; and

WHEREAS, a public hearing was held on December 17, 2001, at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, the Township Engineer has recommended release of the performance guarantee of CVs, Toubin Realty; and

WHEREAS, the Township Engineer recommends release of the performance guarantee as follows:

Original Performance Guarantee $308,733.12

10% Cash Deposit 34,303.68

Total $343,036.80
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the performance guarantee be released subject to the developer as follows:

Posting a Maintenance Bond for a two (2) year period in the amount of $51,455.52 (15% of the Performance Guarantee).
Submission of "as built" drawings.

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

AYES: Councilmen Baker, Greene, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilmen Calogera, Hoff.

Resolution No. 41

RESOLUTION AUTHORIZING PAY OUT OF ACCUMULATED TIME TO NELSON IGLESIAS

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

WHEREAS, due to retirement from his position at the Township, Nelson Iglesias, is entitled to a pay out of his 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 Nelson Iglesias in the amount of $16,416.58

Sick (33.5) $7,500.00

Vacation (25) 8,916.58

TOTAL $16,416.58

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

AYES: Councilmen Baker, Greene, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilmen Calogera, Hoff.

RESOLUTION NO. 42

AUTHORIZING CONTRACT WITH PARKER, McKAY & CRISCUOLO AS BOND COUNSEL

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 special counsel for the purpose of bond counsel; and

WHEREAS, Parker, McKay & Criscuolo, a licensed New Jersey firm, located at 3 Greentree Center, Route 73, Marlton, New Jersey, is licensed as capable and available to undertake such work; and

WHEREAS, the Mayor has appointed said firm in accordance with Ordinance 2-8.3(c).

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

A contract for professional services in the form attached to this Resolution is hereby authorized to be entered into.

The Mayor and Township Clerk of the Township of Old Bridge are hereby authorized to affix their signature to the contract documents evidencing this professional contract.

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

AYES: Councilmen Baker, Greene, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilmen Calogera, Hoff.

RESOLUTION NO. 43

IMPOSING MUNICIPAL CHARGES ON BLOCK 61, LOT 463.11

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

WHEREAS, the property located at 464 Harding Road, Block 61 Lot 463.11, owned by John & Elsie Heinen was unsafe and unhealthy; and

WHEREAS, there were complaints filed with Code Enforcement which necessitated work done at the site to secure it.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Tax Collector place a lien against this property representing the costs incurred to secure this site.

BE IT FURTHER RESOLVED that a municipal charge of $875.00 be imposed on the above property which represents the charges billed for the work done by Continental Construction Co., for the Township.

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

AYES: Councilmen Baker, Greene, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilmen Calogera, Hoff.

RESOLUTION NO. 44

ESTABLISHING ADDITIONAL DEPOSITORIES IN RE CASH MANAGEMENT PLAN

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 established a Cash Management Plan as the guide in depositing and investing Township funds; and

WHEREAS, certain banks and depositories approved by the Government Unit Depository Protection Act (GUDPA) are authorized for said deposits and investments; and

WHEREAS, several authorized depositories have already been included in a resolution by the Township stating that these depositories can be used by the Township.

THEREFORE, BE IT RESOLVED that additionally, the following depositories also be added:

MBIA CLASS
New Jersey Management Unit Trust
New Jersey Proceeds Management Program
USARBOUR Financial/Amherst Securities

Also, the following brokerage firms and dealers with whom the designated officials may deal should be included:

First Albany Corp.
Fleet Securities
CIDC Oppenheimer & Co.
PNC Capital Markets
Chase Manhattan Bank
Commerce Capital
Amherst Securities Group
Solomon Smith Barney
TGH Securities

These additional depositories, brokerage firms and dealers will be included in the Cash Management Plan.

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

AYES: Councilmen Baker, Greene, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilmen Calogera, Hoff

RESOLUTION NO. 45

AUTHORIZING CONTRACT WITH T&M ASSOCIATES FOR DESIGN OF TICETOWN ROAD SOCCER PARKING LOT

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 firm for purposes in the design of Ticetown Road - Soccer Parking Lot; and

WHEREAS, T&M Associates is a licensed New Jersey engineering firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with T&M Associates for purposes of providing the aforesaid design of the Ticetown Road - Soccer Parking Lot in the completion of wetlands delineation, conceptual plan, soils investigation and design and bid services for this bonded project.

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

A contract for professional services is authorized to be entered into with T&M Associates in an amount not to exceed $26,000.00.
The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1024 certifying the existence of a sufficient appropriation to fund the said contract.
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:

Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
Compliance by the Vendor with signing the mandatory affirmative action language required by law.
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 Testino, seconded by Councilman Baker and so ordered on the following roll call vote:

AYES: Councilmen Baker, Greene, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilmen Calogera, Hoff.

RESOLUTION NO. 46

AUTHORIZING CONTRACT WITH SHOOR DEPALMA, INC. FOR PRELIMINARY ASSESSMENT REPORT FOR BLOCK 4185, LOT 28.11

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 professional services of an engineering firm for purposes of conducting a preliminary assessment report for Block 4185, Lot 28.11 located in Old Bridge Township; and

WHEREAS, Schoor DePalma, Inc., is a licensed New Jersey engineering firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorized a contract with Schoor DePalma, Inc., for purposes of providing the aforesaid engineering services for the environmental report on potential site of Ward 3 Recreation Center.

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

A contract for professional services is authorized to be entered into with Schoor DePalma, Inc., in an amount not to exceed $3,500.00.
The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1028 certifying the existence of a sufficient appropriation to fund the said contract.
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:

Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
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 Testino, seconded by Councilman Baker and so ordered on the following roll call vote:

AYES: Councilmen Baker, Greene, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilmen Calogera, Hoff.

RESOLUTION NO. 47

AUTHORIZING CONTRACT WITH NELSON IGLESIAS TO CONSULT WITH THE LEGAL DEPARTMENT AND THE ENGINEERING DEPARTMENT

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

WHEREAS, the Legal Department and the Engineering Department require the services of Nelson Iglesias as an engineering consultant; and

WHEREAS, Nelson Iglesias, the former Township Engineer, would be used as an engineering consultant who has knowledge and information regarding various legal matters, and for possible testimony, which Mr. Iglesias was a part of when employed with the Township.

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 contract to Nelson Iglesias is hereby authorized in the amount of $95.00 per hour, not to exceed $5,000.00.
The Mayor and Township Clerk of the Township of Old Bridge are hereby authorized to affix their signatures to any and all documents evidencing the professional contract.
This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds #1021 has been received for this contract assuring that there are sufficient funds in the appropriation(s) listed below to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY 2002

CERT. NO. 1021

AMOUNT $5,000.00

The availability of a sufficient appropriation to fund the purchases authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget 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.

This contract for professional services and according to New Jersey Public Contract Law, the Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: the professional names in this resolution is a recognized professional.

BE IT FURTHER RESOLVED that a true copy of this Resolution shall be deposited with the following Township offices: Legal Department and Engineering Department.

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

AYES: Councilmen Baker, Greene, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilmen Calogera, Hoff.

RESOLUTION NO. 48

RECOGNIZING JANUARY AS BOARD OF EDUCATION MONTH IN NEW JERSEY

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

WHEREAS, New Jersey's public schools serve more than 1.2 million children from Kindergarten through Grade 12; and

WHEREAS, the direction of public education in New Jersey is charted locally by individual school boards, whose 4,800 members serve as advocates for public education as they work with administrators, teachers, parents and local residents; and

WHEREAS, Boards of education provide accountability to the democratic system of governing the schools by communicating the needs of the district to the community while impressing upon administrators the public's expectations for the school district; and

WHEREAS, School board members receive no remuneration for the services; and

WHEREAS, The Township of Old Bridge is justly proud of the academic, athletic and social achievements of the student in our community; and

WHEREAS, The New Jersey State Board of Education and the New Jersey School Boards Association have declared January 2002 to be school Board Recognition Month, a time that ll residents might acknowledge the contributions made by our local school board members.

NOW, THEREFORE, BE IT RESOLVED, that the Township of Old Bridge does hereby commend the service of the Old Bridge Board of Education and its members to our community and its children; and

BE IT FURTHER RESOLVED, that the Township of Old Bridge proclaims January 2002 as SCHOOL BOARD RECOGNITION MONTH in Old Bridge and urges all citizens to join in recognizing the dedication of local school board members, past and present, as we work together to improve educational opportunities for our children.

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

AYES: Councilmen Baker, Greene, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilmen Calogera, Hoff.

RESOLUTION NO. 49

AUTHORIZING CONTRACT FOR LEGAL SERVICES TO MARC DEMBLING, ESQ. OF THE FIRM OF ADDAS, BERLIN, KAPLAN, DEMBLING, BURKE & POTENZA IN RE SOMMER VS. TOWNSHIP OF OLD BRIDGE

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 special counsel for the purpose of assisting the Legal Department with regard to the matter known as Estate of Sommer vs. Township of Old Bridge; and

WHEREAS, Marc Dembling, Esq., of the firm of Addas, Berlin, Kaplan, Dembling, Burke & Potenza, is a licensed New Jersey attorney, is recognized as capable and available to undertake such work; and

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

The contract for professional services is authorized to be entered into with Marc Dembling, Esq., of the firm of Addas, Berlin, Kaplan, Dembling, Burke & Potenza in the usual form.

The scope of the work to be performed by Marc Dembling, Esq,, shall be to provide legal assistance to the Legal Department with regard to the matter of Estate of Sommer vs. Township of Old Bridge.
This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds #1022 has been received for this contract assuring that there are sufficient funds in the appropriation (s) to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY02

CERT. NO. 1022

AMOUNT $25,000.00

This is a contract for professional services and according to new Jersey Public Contract Law. The Township Clerk shall publish a statement of reasons for awarding of the contract, to wit; assist the Legal Department with regard to various legal matters (Woodland Trails/Oakwood).

This Resolution is conditioned upon the following:

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

Issuance of a Certificate of Availability of Funds as aforesaid.
Compliance by the Vendor with signing the mandatory affirmative action language required by law.
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 Testino, seconded by Councilman Baker and so ordered on the following roll call vote:

AYES: Councilmen Baker, Greene, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilmen Calogera, Hoff.

RESOLUTION NO. 50

AWARDING CONTRACT TO ERIN ENVIRONMENTAL FOR LIBRARY GAS RECONSTRUCTION PROJECT

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 advertised and received bids for Contract No. 02-01 for the library gas pipe reconstruction project; and

WHEREAS, the Township Council wishes to award the contract to the lowest responsible bidder; and

WHEREAS, the Township Council wishes to award the contract to Erin Environmental located at 324 Shore Drive, Highlands, NJ 07732.

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. Erin Environmental is hereby awarded a contract in the amount of $23,700.00.

2. The award of the contract is contingent upon the issuance of a Certificate of Availability of Funds No. 1025 certifying the existence of a sufficient appropriation to fund the said contract.

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

This resolution is conditioned upon the following:

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

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

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

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

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

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

AYES: Councilmen Baker, Greene, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilmen Calogera, Hoff.

RESOLUTION NO. 51

ACCEPTING BID OF NEXTEL COMMUNICATIONS FOR GROUND LEASE IN THE AMOUNT OF $16,380.00 ANNUALLY

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 advertised and received bids for Contract No. 01-30 for leasing of ground space located at One Old Bridge Plaza and known as Lot 1, Block 10,000; and

WHEREAS, the Township Council wishes to award the contract to the lowest responsible bidder; and

WHEREAS the Township Council wishes to award the contract to Nextel of New York, Inc., a Delaware Corporation, d/b/a Nextel Communications, One North Broadway, 11th Floor, White Plains, NY 10601.

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. Nextel Communications is hereby awarded a contract in the amount of $16,380.00 annually.

2. The Township of Old Bridge may forthwith enter into a contract with Nextel Communications in accordance with the specifications previously advertised.

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

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

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

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

AYES: Councilmen Baker, Greene, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilmen Calogera, Hoff.

RESOLUTION NO. 52

REQUESTING PERMISSION FOR A DEDICATION BY RIDER IN CONNECTION WITH RECYCLING CONTAINERS

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 recycling containers under the Shared Services Contract with MCIA; and

WHEREAS, charges are being collected for the recycling containers; and

WHEREAS, the charges are collected on behalf of MCIA.

NOW, THEREFORE, BE IT RESOLVED that such charges received by the municipality be placed in a specific trust fund and such trust fund shall be considered a "Dedication by 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 Testino, seconded by Councilman Baker and so ordered on the following roll call vote:

AYES: Councilmen Baker, Greene, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilmen Calogera, Hoff.

RESOLUTION NO. 53 TABLED

AUTHORIZING OLD BRIDGE TOWNSHIP RACEWAY PARK TO HOLD A HARLEY DAVIDSON ANNIVERSARY CELEBRATION

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

WHEREAS, a request has been made by Old Bridge Township Raceway Park to hold a Harley Davidson 100th Anniversary Celebration on Friday, August 16, Saturday, August 17th, and Sunday, August 18, 2002.

Nothing herein shall be deemed to relieve the applicant from complying with the requirements previously imposed by motion of approval before the Township Council to wit:

That a comprehensive agreement be entered between the Township of Old Bridge and Harley Davidson, Inc. regarding (1) security issues, (2) post event clean up of surrounding properties, (3) use of the Township's name in promotional literature and advertising, (4) assuring that the proper town name, Old Bridge Township, is utilized rather than "Englishtown", (5) provisions relating to stand-by emergency services and police services and (6) miscellaneous other agreements as may be appropriate.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission for the Harley Davidson 100th Anniversary Celebration is hereby approved subject to all fire safety conditions being met and the proper permits are obtained from the fire official.

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

AYES: Councilmen Baker, Calogera, Greene, Hoff, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

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

Moved by Councilman Testino, seconded by Councilman Redmond with no vote taken.

Councilman Greene: This item came before the council on December 17. At that time it was presented to us in a "rush" fashion. What follows is an excerpt from the December 17 minutes. "We have an application which does not tell me much about what is going to occur during the three days in August. A preliminary plan was submitted to the police department which I would appreciate reviewing to determine what this event entails. I would also like a representative of Raceway Park to come before the council." At that time a representative of the police department was good enough to come before the council and review what he knew was going to occur during those three days in August. I think many of us looked more favorably on this that at the outset.

My problem is that I want a representative of Raceway Park to come before the council. No sooner did we approve the proposal, a representative of Raceway Park who had been sitting in the back stands up, gets on his cell phone and calls whoever he had to call and indicated council approved it. As it was told to us, this was a timely vote because they had to produce a schedule, etc, etc. etc. I am business friendly, and I think Raceway Park conducts a good business. I do have a concern that as a council member I have to respond to residents' complaints. There was an article in the Suburban about the council's approval. I received phone calls and e-mails. I was put in a position to defend Raceway Park. One of the concerns was that this was going to be another Grateful Dead concert. I accept the role of a councilman, but have a problem when there is a representative in the audience and does not give (and I am speaking for myself) a council member the courtesy to come up here and explain the event. If I am going to be put in a position where I have to defend Raceway Park, someone should have the courtesy either to come to the council and make a presentation or make a phone call. I am not going to be in a position where I am defending them. It is a lot easier when I get a resident calling me up complaining about litter during this particular event or complaining about traffic or whatever to say that I voted "no", and that is what I am doing.

Councilwoman Panos: I agree that a representative from Knapp should appear. I thought this was a good idea until you have all your constituents calling asking what is going on. I have questions from the mass assembly application which states that the maximum number of tickets (if any) 50,000 plus tickets per day. Plus how many? There are no numbers here. Is there a limit?

This goes from 11:00 a.m. to 11:00 p.m. Item No. 25 talks about a bond, and then it says that there is a license required for each day or a part of the day in which 1000 persons or more assembled. It states "no such assembly shall be conducted between the hours of 2:00 a.m. and 6:00 a.m." Where are these 1000 people assembling? Are they going to be sleeping there? Is there room to camp out at Raceway Park? Is that their intention? Or is it between the hours of 2:00 a.m. and 6:00 a.m.? That is ambiguous to me and to my constituents. "The maximum amount of persons the applicant shall persons the applicant shall permit to assemble at any time is not to exceed the maximum number which can assemble at the location." How many people fit in that place with all the vehicles? I want that answered.

No. 21 "The plans for security including the number of guards, the date of employment with names and addresses." How about the security for the neighbors on Englishtown Road. They are concerned about traffic. I want to know the plans for security along Englishtown Road. Until I can get these answered, I can no longer vote "yes" on this.

President Butler: You need answers to your questions before your can vote affirmatively.

Councilman Redmond: I thought we discussed the number previously. The bond is for $10 million to hold us harmless and indemnify the municipality for any damage incurred by trespassers or vandalism. Do we require a bond to cover the clean up, etc? I am not looking for damage; I am sure that is in there. There are questions about the amount of tickets {sold} and the amount to be held in escrow for clean up, police protection, etc.

Capt. Cerra: No more than 40,000 tickets will be sold per day. There is no camping. We have met three times subsequent to December 17, and if you want them here, they will be more than happy to come here. I apologize, Mr. Greene. I did not hear you say that. They asked me if they should appear before the council. I did not think they had to, but would love to come. There will be no camping. There will be a maximum of 40,000 tickets sold per day. This is an all day event. Everyone will not be converging at the same time. There will be named bands performing at specific hours, but the stage will be utilized throughout the event. The event is not set up to be over at 11:00 p.m. The main acts will begin at 6:00 p.m. and end at 7:30 p.m.

Councilwoman Panos: We appreciate Raceway Park and its business, but when news of this hit, the phones started ringing. This scares people.

Councilman Testino: Can we wait to memorialize this at the next meeting?

Councilman Calogera: Capt. Cerra, are you confident that no matter what happens that we have the manpower to cover this and can we pull manpower from surrounding towns if necessary?

Capt. Cerra: Definitely.

Councilman Baker: Can you bring a member down next meeting?

Capt. Cerra: Whenever you want.

Ordinance for First Reading.

TOWNSHIP OF OLD BRIDGE
Ordinance No. 01-02

An Ordinance Amending Limousine License Application Procedures

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

This ordinance amends the application requirements for limousine licenses and requires, among other things, applicants for limousine licenses to submit to photographing and fingerprinting in order to obtain a license.

Section 2. Limousine License

Section 8-16.4 of the Code of Old Bridge is amended by substitution as follows:

License Application. In addition to the submission of an insurance policy and the power of attorney, the applicant must submit a photocopy of a valid New Jersey driver's license and a valid registration for the vehicle to be licensed. The applicant shall submit to a background check and being photographed and fingerprinted by the police department. The minimum fee for such background check, fingerprinting and photographing shall be $25.00

An applicant residing in an apartment complex must submit a lease demonstrating Old Bridge Township residency. An applicant residing in a planned unit development must submit a letter from his or her housing association stating applicant is permitted to garage a limousine.

An applicant shall be limited to one (1) license per address. An applicant who wishes to obtain an additional license must submit a letter from the garage or owner of the property where the applicant's additional limousine shall be garaged stating the applicant is permitted to garage his or her limousine at such address.

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.

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

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

NAYS: Councilman Hoff.

ABSENT: Councilman Maher.

TOWNSHIP OF OLD BRIDGE
Ordinance No. 02-02

Ordinance Amending Ordinance No. 25-00 of the Township of Old Bridge, County of Middlesex, New Jersey

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 168 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:

Section 1. The Title of Bond Ordinance 25-00 ("Bond Ordinance") is hereby amended to provide as follows:

"Bond Ordinance Providing for Sidewalk, Curb and Apron Improvements in and by the Township of Old Bridge, County of Middlesex, New Jersey, Appropriating the Sum of $100,000 Therefor; Authorizing the Issuance of Bonds or Bond Anticipation Notes of the Township of Old Bridge, County of Middlesex, New Jersey, in the Aggregate Principal Amount of Up to $95,000 for financing a Part of the Cost thereof; Making Certain Determinations and Covenants; and Authorizing Certain Related Actions in Connection with the Foregoing"

Section 2. Section 7(a) of the Bond Ordinance is hereby amended to provide as follows:

Purpose/Improvement Estimated Down Amount of Period of

Total Cost Payment Obligations Usefulness

A. Improvements to Sidewalks, Curbs, and Apron and $100,000 $5,000 $95,000 10 years related work and materials (hereinafter collectively referred to as the "Sidewalk Improvement") on properties throughout the Township. A complete list of such properties once completed shall be filed by the Chief Financial Officer with the Township Clerk

Section 3. Sections 8, 9, and 10 of the Bond Ordinance are hereby deleted.

Section 4. Sections 11, 12, 13, 14, 15, 16, 17, 18, and 19 are hereby renumbered as Sections 8, 9, 10, 11, 12, 13, 14, 15, and 16 respectively. All other parts of said Sections remain in full force and effect.

Section 5. The capital Budget is hereby amended to conform with the provisions of this 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 of the board of chosen Freeholders and available for inspection.

Section 6. All other parts of the Bond Ordinance not amended hereby shall remain in full force and effect.

Section 7. In accordance with the Local Bond Law, this ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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

AYES: Councilmen Baker, Calogera, Greene, Hoff, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Maher.

TOWNSHIP OF OLD BRIDGE
Ordinance No. 03-02

An Ordinance of the Township of Old Bridge Amending Section 2-13.5
of the Code of the Township of Old Bridge Increasing the Number of Members of the Recreation Committee

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

This ordinance amends Section 2-13.5, paragraph (a) of the Code of the Township of Old Bridge to increase the Recreation Committee membership from 13 members to 15 members.

Section 2. Amendment

Section 2-13.5 paragraph (a) of the Code of the Township of Old Bridge is hereby stricken to be replaced with a new Section 2-13.5, paragraph "a" to read as follows: