Old Bridge Township, New Jersey - February 11, 2002 Minutes

A Regular Meeting of the Township Council of the Township of Old Bridge was held on February 11, 2002 in the Municipal Complex. The meeting was called to order at 7:00 p.m. by President Butler.

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, February 25, 2002 at 8:00 p.m.

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

7:05 p.m. Executive Session

RESOLUTION NO. 82-02

AUTHORIZING AN EXECUTIVE SESSION

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

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

Woodland Trails Acquisition and Related Matters

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino.

Regular Meeting reconvened at 8:10 p.m.

RESOLUTION NO. 83-02

BILL LIST

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

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of February 11, 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 February 22, 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 $19,466,047-.55 (Accounts Payable)

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

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

NAYS: None.

ABSENT: Councilman Hoff.

RESOLUTION NO. 84-02

BILL LIST

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of February 11, 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 $703,843.02 (Payroll)

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

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

NAYS: None.

ABSENT: Councilman Hoff.

Tabled (but voted upon later in the meeting)

RESOLUTION

BILL LIST

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

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

NAYS: None.

ABSENT: Councilman Hoff.

Prior to the roll call vote the following took place

Moved by Councilman Baker, seconded by President Butler. No vote was taken at this time.

Councilman Testino: Where do we stand with what we budgeted for the year?

Mr. Shah: 90% - 95% of the overtime expenses are incurred by the police department. I need to review the packet.

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 January 2002:

DOGS:

1-1000 7,584.00

CATS:

380-383 31.00

LICENSE:

Vending

Amusement - $25.00 each

#1 Laura's Restaurant 25.00
2-4 Go-Go Rama 75.00
5-29 CIC Corp. 625.00
30-113 Funmania 2,100.00

Candy - $5.00 each

#1-4 Panda House 20.00
5 Go-Go Rama 5.00

Limousine

1201-49 Igor Striapko 35.00

2,885.00

LIQUOR LICENSE

Transfer application - Browntown 4.00

BINGO/RAFFLE

RA 31-02 St. Bernadette's 50.00
RA 32-02 Auxiliary of Central NJ 100.00
RA 33-02 Middlesex County Council PTA 10.00
RA 34-02 Middlesex County Council PTA 10.00

170.00

MISCELLANEOUS:

Photocopies - Copies 24.25

Total: $10,698.25

Motion

to accept the Report of the Clerk made by Councilman Testino, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Hoff.

Report of the Attorney.

Attorney Ruggierio: Jim Condon was successful in recovering $24,000 from a long-forgotten debt in one of our CDBG accounts from a court fund. The Hovnanian matter was presented to the planning board for their feelings about whether the case should be settled along the lines which the mediator has proposed. The township is really not a major party in that case, but we are a named party in the case. This affects the outcome of whether or not the Oakwood remediation work is completed. What we learned from our appearance in court was that the Oakwood remediation is likely to be done in the context of the Hovnanian settlement. In the expectation that this would occur, the court suspended all discovery. The only open issue that we are concerned about is the completion of the roads in the Oakwood development. I will give you a memo about how we decided to treat that. The issues relating to the roads are going to be handled separately. It is good news that the Hovnanian case will yield these outcomes which is a planning board matter.

Councilman Redmond: To bring us back to when this began and we authorized Bill to go after performance bonds to get the work done, we had been assured . . . they had to removed dirt, etc. and there were drainage issues. We are back to the white knight issue with Hovnanian building 360 homes and they fix the Oakwood project. These are bonded items and should not be contingent on the Hovnanian issue. Are you telling us that we are not going after the bonds, but we are going to allow Hovnanian take care of this?

Attorney Ruggierio: We have three options that we can pursue. There were many expensive items completed, i.e., the soil erosion. We were successful in making application to the court to have these emergent matters dealt with. We are dealing with unfinished or insufficiently done items at Oakwood. We could proceed with the litigation which by my calculation gets us to a trial near next January on the entire matter because the schedule that the judge set up which she suspended had us taking depositions, providing experts reports through the summer and having a pre-trial conference in September.

The second approach which is something that I do not recommend is taking the money which has been set aside indicating that we would do the work as a municipality and pursue in the same litigated setting the money expended to accomplish that. That is a bad decision because of the third option which is when the Hovnanian matter was originally presented to the planning board, they came up with a proposal as to the sequencing of the "fixes" to be done at the site. My position was that I was not satisfied that these things could be done in the slow fashion they were proposing and that this remediation would have to be done up front. I cut out the roads in this setting because the Mayor and I had a meeting with the Spring Knolls homeowners association and their attorney and assured them that we would not allow the roads to go through another winter. Our engineering department has been drawing up specific specs to finish these roads. Our intention was to bid this work and get it done. Under that schedule the work would have been done in the summer.

Given the fact that I felt that Hovnanian's commitment to do this work was probably real, we could continue to bid the work and put a provision in the bidding documents saying that we would not do this before September 15. If it ended up that all the "I's" were not dotted and the "t's" were not crossed with respect to the planning board matters and with respect to the court proceedings, we are going to do the roads. We will look for reimbursement from Hovnanian, but I was trying to reach a compromise between spending our money up front versus what might be a very up front obligation that Hovnanian has endorsed. I recognize that these proceedings take time. The drop dead date is September. I believe this to be the correct approach.

Councilman Redmond: We assured the residents that this work was going to get done. The hang up with Hovnanian has always been the road through the wetlands, and if they are not willing to build that, we still have a situation where the traffic will be traveling through Valley Vale and Inverness. I am worried about the residents who are going to be affected by this situation.

Attorney Ruggierio: Your concerns are legitimate, and I will consider any other approach. I tried to bridge the two objectives.

Councilman Calogera: The residents have been living with a mess for many years, and I think that we should move expeditiously to solve the problems.

Councilman Greene: Mr. Condon retrieved $24,000. Does that have anything to do with the individual who came to the council a year ago and said they could retrieve a certain amount of money through a defaulted CDBG grant?

Attorney Ruggierio: Yes.

Councilman Greene: I would like to thank the council for not accepting that proposal.

Motion

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

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

NAYS: None.

ABSENT: Councilman Hoff

Preliminary public comments.

Mr. Heilbrunn: Mr. Butters requested the opportunity to address the council this evening. The resolution as passed by the council lists the applicant as Harley Davidson; the applicant is Raceway Park. The limitation of 40,000 persons per day was the amount originally requested; Harley Davidson would like that number reconsidered and set at 50,000 per day as the maximum patronage to attend this festivity.

Mr. Butters: I am the executive producer for the 100th anniversary of Harley Davidson with the responsibility of taking care of the global open road tour. We originally estimated between 40,000 and 50,000 people for the event. We have had great reception from other communities - Atlanta, Dallas and Los Angeles. This is pitched as a "family" event. The anticipation is that we will look to get half of the audience to be a core Harley audience with the other half as non-traditional people. The motor company is using this as a marketing tool to be able to talk to people about the life style and celebrate this great story which is one hundred years for one company that has been continually successful. We need to increase the number to 50,000 because of what we believe to be the success of the event rather than to come to you later. In all the other markets we are higher than 50,000, the reason being that the venues are used to much larger events. They have the infrastructure, and we believe that a 50,000 event is well within the capacity of the facility. We will encourage a lot of people to come to this township to be able to celebrate this anniversary.

We have a very successful security service who have been doing high profile events across the country. They believe that we can secure the event from a event standpoint. They believe we can bring in the infrastructure to make the event a success and to encourage people to come here and enjoy the weekend.

Councilman Greene: I think that Raceway Park has the infrastructure, but I don't believe that Old Bridge does. There is one road in and out. When the event is sold out at 40,000 or 50,000 a week before the event, and you assure us that no other tickets will be sold, I may accept that. My problem is what happens to those who decide the day before that they are going to Raceway Park without a ticket?

Mr. Butters: We are going to advertise that the event is sold out. If there is excess capacity and we come to you and ask for an extra day, that would be the way we would address this. We would not encourage extras to come to the venue; we will tell them there will not be tickets on the "day of".

Councilman Greene: If that is your commitment, I feel a lot better about the increase in the number.

Councilman Baker: Something of this magnitude should have been brought up on the agenda. I recommend that we move this to another agenda so that we can talk about it. You cannot just come up and say that we want to put 10,000 more people in this style and fashion. There is a procedure for doing this. Get this on the agenda so that we have time to prepare for this and time to talk about this.

Mr. Heilbrunn: We only received the draft of the resolution and presented it to Harley at the end of last week. Time is of the essence as this is nationally advertised and promoted. We have discussed this at length with Capt. Cerra who is assured that we handle 50,000 or more.

Councilman Baker: You are doing exactly what I did not want to do this evening.

Mr. Butler can we table this to put this on another agenda?

President Butler: No, I want to get the consensus of the other council members.

Councilman Calogera: I want to read the security plan. I want to see the manpower coverage; want to know how we are dealing with roadway situations. I understand that you have your own security people handling this. I want an idea of how many of our police are going to be involved.

Mr. Butters: A plan is developed for each individual site in cooperation with the local police in that area.

Councilwoman Panos: I want to see the approvals of the health and safety officials. There is an entire health issue.

Mr. Heilbrunn: These are established by the standards in your audience.

Councilwoman Panos: That provides for 40,000. Do we have to go to the health department and say that there is another 10,000 coming? I am in agreement . . .let's bring this back for a longer discussion. For 10,000 people, that is one quarter of what you asked for. I want to see reports from the health department and that end of it.

Mr. Butters: I would like as much time as it would take to convince you, and I think we could.

Councilman Baker: Let's do that at the end of the meeting.

Councilman Testino: I have questions, and we need more time with this.

President Butler: You gentlemen will stay, and we will discuss this later.

Ms. Hoffman: With respect to the O&Y property (325 acre tract), the issue that the council should focus on is maintaining the acreage as open space in perpetuity - continuing and enduring forever. The environmental commission supports maintaining the property as open space by maintaining township ownership for future recreation needs by selling the property. If the property should be sold to the county, this should be done with the restrictions of maintaining the acreage of open space. The proceeds from this transaction should be used to purchase additional open space.

My second concern is naming roads for private residents. I have the utmost respect for the contributions and dedication of people in public life. However, the council should very carefully examine the impact of their actions. Mary Brown was committed and dedicated to Old Bridge, but decisions to change the names of buildings and roads should be done with careful analysis. What is wrong with Old Bridge Plaza? I thought the council wanted to put Old Bridge on the map. We have an Old Bridge post office address, etc. Naming the municipal complex roadway to Mary Brown Way has more disadvantages than advantages. I have no objection to honoring Mary Brown. Plant a garden in her honor. If you change the address of the municipal complex, you will be doing a disservice to Mary Brown by not promoting a town that she loved.

Mr. Desai: The zoning board had requested the township council and the Mayor to increase the salary of the zoning board attorney. We are not making an unfair demand. Compare the salaries of the planning and zoning board attorneys.

Mr. Mount: I represent the 14th New Jersey Infantry which is a Civil War Reenactment Unit. I request permission to do live firing drills at Veterans Park for a unit drill. We will be there from 3:00 p.m. to 6:00 p.m. using muzzle loaded rifles. There are no rounds or bullets.

President Butler: We will put this on the next agenda.

Proclamation - Congenital Heart Defect Awareness Day.

Whereas, the well being of our children, our most precious commodity is of paramount importance and maintaining excellent health among children is one of the top priorities in our state and nation. Each year in the United States there are more than 40,000 infants who are born with a congenital heart defect; and

Whereas, congenital heart defects exist at the time of a child's birth and were originally thought to be a rare occurrence. Today the medical community has identified congenital hart defects as one of the most common birth defects and as the leading cause of defect related deaths; and

Whereas, medical research has identified more than 35 different types of congenital heart defects. Unfortunately, due to the severity of the defect, failure to detect it on time, lack of heart transplant donors, and insufficient medical intervention options, many children and adults die as a result of a congenital hart defect; and

Whereas, it is crucial that parent, pediatricians and all people who work in health professions have greater awareness of the potential for congenial heart defects among newborn babies; all are encouraged to learn more about congenital heart defects, to participate in this special observance and to support its valuable goal of raising public awareness of a serious health matter that affects many newborn babies and children and adults living with a heart defect today.

NOW, THEREFORE, I, Barbara L. Cannon, Mayor of the Township of Old Bridge, Middlesex County, New Jersey together with the Township Council do hereby proclaim February 14, 2002 as "Congenital Heart Defect Awareness Day" in Old Bridge.

Councilman Redmond: There are 40,000 children affected with congenital heart disease each year. On February 14 the marquee's in Times Square will advertise congenital heart disease awareness.

Presentation - Rocky Donatelli

Councilman Butler: We all have our jobs to perform, but one man has gone beyond that. Mr. Donatelli has worked for the township for 43 years, and there are those who want to recognize that accomplishment.

Ms. Portlock: We recently moved to a trailer because our building is being refurbished. We want to recognize Mr. Donatelli for making the transition very smooth. There was not a time when he was called that he did not come to our aid, and we are very grateful to him for his support and have this plaque to present to him in our appreciation.

Ms. Gurliaccio: We sometimes take for granted the kindness that many people do. We are grateful for all that Rocky does for us.

Mr. Donatelli: Good team work is what got this accomplished.

Guest.

President Butler: Janet Phillips has been working for quite some time on a dream that she and others had. I have known Cynthia Joy, a top executive for the YMCA, for many years.

Councilman Maher: I present Cynthia Joy who is the CEO of the Western Monmouth YMCA along with two members of the Board of Trustees, Mr. Farrell, who is an Old Bridge resident and Mr. Toolan from T&M Engineering.

Ms. Joy: Gave a brief history of the Freehold YMCA and invited the council for a tour of the swim pools and tennis courts. 12,000 members use the facility. There is another facility located just before Great Adventure which houses a day camp. Another facility is located in East Windsor/Hightstown as a result of a successful merger in 1968. Meadow Lake is a retirement center of over one hundred people. We manage the pool and fitness center. "Y's" perform outreach functions.

The "Y"is the Freehold summer recreation; basketball camp runs about thirty weeks in addition to mentoring, teen nights and after school programs. The "Y" provides after school care in over 28 schools. High schools come to the "Y" to practice for their swim teams. Over 1000 members are from Old Bridge and surrounding areas which proves that people will travel to where services are being provided. Bill Lovett, CEO of the Metuchen/Edison YMCA, has to agreed to explore ways of providing needed services. The team approach is always the best to bring value based programs and facilities and to strengthen a strong community which is in need.

A needs assessment needs to be done; determine what exists and how the "Y" can create programs; raise awareness (hiring a "Y" person immediately to become involved in the community - Rotary, etc.) which can help with future funding; form a "Y" board with members of the Old Bridge community; investigate funding sources and options.

Councilman Redmond: What size piece of land does the Freehold "Y" occupy?

Ms. Joy: Thirteen acres. You would want that much land plus for future expansion.

Mayor Cannon: You are not coming in with a program that involves constructing a building; you are providing services only.

Ms. Joy: That could be one approach. We could hire someone to get the "Y's" grass root program started. The process is to get a committee together to find the funding and work with a committed group to build a building.

Mayor Cannon: You are looking for a community effort to raise money as opposed to the "Y" raising funds.

Ms. Joy: The "Y" cannot raise money without a community base and support. I believe that a needs assessment is important to see what the community will support.

Councilman Maher: I have had conversations with Mr. Lovett and spoke Mr. Pollack, the CEO of the Red Bank "Y". The Metuchen/Edison "Y" came to us in the fall, and I was charged with reaching out to the other "Y's" to determine interest in building a facility or working with Old Bridge with respect to developing a world class YMCA. The Perth Amboy YMCA is interested, but cannot do anything in our time frame. We want a facility to at least include a swimming pool so that it can be used within two years by our teams. We have formed a subcommittee including myself, Councilwoman Panos, Councilman Testino, Councilman Calogera, Mr. Badcock, Donna Ryan (athletic director BOE), Sgt. Weiss and Janet Phillips who is chairing our rec. committee. Mr. Pollack is willing to join the subcommittee. I like the idea of working together as opposed to putting the "Y's" into play with one another. There will be a kick off next Tuesday in our conference room from 6:00 to 7:30, and a letter will be forthcoming. The community center is long overdue, but I have put a stake in the ground, and I want to see something within twenty-four months.

Councilwoman Panos: You suggested a needs assessment; I assume that a feasibility study has a needs assessment in it.

Ms. Joy: I am looking at dollars now sending out a survey of needs assessment; find out what the community currently has and what the needs are. You have heard from the swimmers, but there are other needs and other opportunities.

Councilwoman Panos: Are you willing to do the needs assessment?

Ms. Joy: If you choose our "Y" to be a part of the process, that will be a few of the next steps. These are my recommendations.

Councilman Calogera: Having the "Y's" participate is commendable, and I look forward to working with you.

Councilman Baker: Do you own the land?

Ms. Joy: Yes.

Councilman Baker: You would mail out the needs assessment?

Ms. Joy: Yes.

Mr. Farrell: For your plan to be a success, you need the support of the community. The Western Monmouth "Y" is a success because it is strongly supported by the community. No matter who you bring in here, we are prepared to help you, but the support must come from Old Bridge. The community needs a "Y" because Old Bridge is similar to Freehold Borough. We deal with a lot of troubled youth who would not have opportunities if not for the "Y". I have been active in the recreational activities, and I am sad to say that I don't see the disadvantaged children in those groups. I am proud to say that the "Y" is focused on serving those youths in our community.

Councilman Testino: If Old Bridge owns the building or the land, are you willing to participate as a manager as opposed to an owner?

Ms. Joy: Anything is worth a discussion. I will bring this up to the board of directors. There are models like that around the country.

Councilman Testino: What happened with Perth Amboy and Sayreville is not a good thing.

Ms. Joy: You must have community support and viable programs.

Councilman Testino: Old Bridge has land and I believe the ability to help with funding as long as the ""Y" had a plan and is viable and can raise money. I don't want to wait five or ten years for a building or for programs. I am glad that you can get programs going. I am interested in finding out how that works and how that would mesh with our other services. There may be areas such as senior day care that we could fill our rec. program with.

Mr. Farrell: In southern Monmouth County in Asbury Park we are working closely with developing a separate "Y". We want to get the "Y" up and going. It does not matter who owns or runs it. Whether that "Y" takes off on its own, we are here to help you accomplish the "Y".

Councilman Testino: I see the need in the community. I believe Old Bridge wants a "Y", but we want to get a road map together and put a spade in the ground and building something whether that be programs or a needs assessment, but let's get started. We are taking your advice as to how to bring this to fruition. My goal is to chart out something within the next few months. If this takes two years, I will be satisfied. If you raise money from Old Bridge, would you be willing to dedicate that to be used strictly in Old Bridge? Some of our residents' fears is that they are contributing to a particular "Y", and they are going to hold the money in trust and move it over to build a "Y" in another town.

Ms. Joy: Put your concerns at rest. You can set up a separate account in an Old Bridge bank with the dollars going to Old Bridge. When we raised money in Hightstown for a playground fund, that money stayed in Hightstown. We do not rob Peter to pay Paul. Diplomacy and communication are the seeds.

Councilman Greene: I believe that there is a large need for children's and swim programs. You said that you have 220 Old Bridge families who travel to Millstone for day camp. I have had informal discussions as to how this should be done, i.e., should the town or the "Y" own the building. Does this get done within the committee meetings or do we have to make a commitment to the "Y" before we put the package together - to determine whether we can support a portion of this through fund raising; whether the township should supply the land and own the building with the "Y" acting as managers? How do we get to the point where we make the decision that works for all of us?

Ms. Joy: At your first meeting perhaps you could present the different scenarios that could take place. They start playing out realistically as to what happens in terms of funding and volunteering. You have to have a board of directors agree with the steps that you are taking. The model that fits here may be different from others.

Mr. Farrell: We have members of the communities from different backgrounds and professions who break up into committees to donate time and efforts. The "Y" is built by community members for the community. If you want to see how our model works, we are prepared to open the books. We want to see a "Y" take root. I don't know what I would have done as a youth without a "Y" growing up in Hackensack. We are here to share our experience. We stepped into Hightstown because they were a community in need.

Councilman Maher: The meeting date is February 19 from 6:00 p.m. to 7:30 p.m. in the upstairs conference room.

President Butler: I thank Cynthia for coming. I have worked with "Y's" for many years and have seen children with problems become involved in the "Y" with good results. I appreciate what you have done.

Hearing

1. WaWa No. 934 (Rt. 34 and Steamboat Landing) release/reduction performance guarantee - Monday, April 22, 2002 7:30 p.m.

Councilman Testino: If we keep putting hearing on agenda meeting nights, the Clerk will find it difficult to honor my suggestion about rotating the meetings. I want the hearings to occur on regular meeting nights.

Ordinance for First Reading. Tabled

TOWNSHIP OF OLD BRIDGE

Ordinance Modifying the Old Bridge Township Land Development Code Home Business - Limousine

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

Section 1. The Land Development Code of the Township of Old Bridge, County of Middlesex, State of New Jersey is hereby amended to add the following provision:

7-2B(8)(10)(New): The following types of businesses are specifically prohibited to be operated as a home business:

(I) Offices or garages for limousines, taxis or other livery operations.

All other provisions of the Old Bridge Land Development Code Section 7-2(B)(8) shall continue in full force and effect.

Section 2: 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 3: 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 4. 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 to table by Councilman Greene, seconded by Councilwoman Panos and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Hoff.

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

Attorney Ruggierio: The Clerk spoke to me about the renewal date for limousine licenses, and there was a concern that these limo companies were using home business addresses which seems to be permitted by our ordinance to operate large companies even though all the limos were not garaged there. Passing this by March will give a legal basis for the Clerk to deny licenses to such operations unless operating out of a commercial office.

Councilman Greene: It was my impression that the township had a policy to limit limousine owners to one vehicle per residential house. That is acceptable. We are now excluding that and I believe that those persons affected should have been notified. The person I have in mind has one vehicle, and I don't believe his business should be taken away with a stroke of a pen.

Attorney Ruggierio: The Clerk wanted to focus on the number of businesses that had one limo in front of the house actually had great numbers of limousines at other locations not necessarily within the township. They operated a large limo company with their license in Old Bridge.

Councilman Greene: I thought that the township's policy was to limit it to one limousine per household.

Attorney Ruggierio: That is apparently not only the Clerk's policy, but it is a zoning ordinance requirement. The problem as the Clerk described it to me was that there were large limousine companies utilizing satellite addresses where other people would have their limousines associated with the company parked at other homes not necessarily in this town but close by, and they would operate the limousine company from their residence. The Clerk did not have a basis to not approve the license as submitted.

Consent Agenda.

Removed Items:

1. C-5 waiver of fees Laurence Harbor First Aid

2. C-11 professional service contract to MJ Barone & Associates for Laurence Harbor rec. center building

3. C-12 waiver of fees Community Covenant Church

Public comments limited to items on the Consent Agenda. Seeing no hands President Butler closed the public portion.

RESOLUTION NO. 85-02

GRANTING PERMISSION FOR OPENING DAY PARADE SAYREWOODS SOUTH LITTLE LEAGUE

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

WHEREAS, the Sayrewood South little League has proposed an opening day parade for its little league season on Saturday, April 13, 2002 at 10:30 a.m.; and

WHEREAS, the Township Council wishes to endorse such a parade and permit such parade to occur in the public streets; and

WHEREAS, the Sayrewoods South Little League wishes the parade to assemble at St. Ambrose Church parking lot, go West on Throckmorton Lane to Thomas Street, South on Thomas Street to Cindy Street, West on Cindy Street to Sayrewoods South Little League Complex; and

WHEREAS, a resolution is required for that purpose.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that it hereby grants permission for an opening day parade to be conducted by the Sayrewoods South Little League.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

RESOLUTION NO. 86-02

RESOLUTION GRANTING PERMISSION FOR OPENING DAY PARADE MADISON PARK LITTLE LEAGUE

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

WHEREAS, the Madison Park Little League has proposed an opening day parade for its little league season on Saturday, April 13, 2002 at 9:00 a.m.; and

WHEREAS, the Township Council wishes to endorse such a parade and permit such parade to occur in the public streets; and

WHEREAS, the Madison Park Little League wishes the parade to assemble at the parking lot of the Madison Park School going down Harvard Road making a right onto Princeton Road, a left to Cornell Road then a left onto Cheesequake Road and then a right into the Little League Complex; and

WHEREAS, a resolution is required for that purpose.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

RESOLUTION NO. 87-02

GRANTING PERMISSION FOR OPENING DAY PARADE LAURENCE HARBOR LITTLE LEAGUE

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

WHEREAS, the Laurence Harbor Little League has proposed an opening day parade for its little league season on Saturday, April 20, 2002 at 11:00 a.m.; and

WHEREAS, the Township Council wishes to endorse such a parade and permit such parade to occur in the public streets; and

WHEREAS, the Laurence Harbor Little League wishes the parade to assemble at the Laurence Harbor beachfront (behind Hoffman's Pharmacy) crossing Route 35 going west on Laurence Parkway, turning south on Ely Avenue to Little League Complex; and

WHEREAS, a resolution is required for that purpose.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

RESOLUTION NO. 88-02

REQUESTING AND AUTHORIZING THE OLD BRIDGE ECONOMIC DEVELOPMENT CORPORATION TO UNDERTAKE A STUDY AND ALL NECESSARY DESIGN WORK IN ORDER TO PRODUCE A PLAN FOR THE APPROPRIATE COMMERCIAL DEVELOPMENT OF 507 ACRES KNOWN AS THE O&Y COMMERCIAL SITE ALONG ROUTE 18 IN OLD BRIDGE, NEW JERSEY

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 believes the development of a cogent and thoughtful plan for the development of 507 acres in the area Route 9, Route 18 and Texas Road (previously known as the O&Y commercial site) is high desirable; and

WHEREAS, Old Bridge Township Economic Development Corporation is uniquely suited for such purposes; and

WHEREAS, the Township Council of the Township of Old Bridge wishes to formally request the Old Bridge Township Economic Development Corporation to undertake such work.

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. The Old Bridge Township Economic Development Corporation is hereby authorized and requested to prepare a plan for future development of the site known as the O&Y commercial site generally located at Route 9, Route 18 and Texas Road in Old Bridge, New Jersey.

B. The Old Bridge Township Economic Development Corporation is further requested to propose to the Mayor and Council an appropriate method of best realizing the potential of the site known as the O&Y commercial site.

C. The Old Bridge Township Economic Development Corporation is requested to report to the Mayor and Township Council concerning their progress in achieving the aforesaid goals on a regular schedule to be later determined in consultation with the Executive Director of the corporation.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

RESOLUTION NO. 89-02

RESOLUTION AUTHORIZING WAIVER OF FEES FOR RENOVATIONS AT SAYREWOODS BIBLE CHURCH

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

WHEREAS, the Sayrewoods Bible Church has requested that the permit fees in the amount of $414.00 for the installation of heating/air conditioning units and lighting fixtures for the church be waived.

WHEREAS, Sayrewoods Bible Church is a nonprofit corporation.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, Middlesex County, 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 Testino, seconded by Councilman Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Hoff.

RESOLUTION NO. 90-02

AUTHORIZING REFUND OF REAL ESTATE TAX OVERPAYMENT OF DISABLED VETERAN - ARTHUR KITSON

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

WHEREAS, NJSA 54:4-3.30 et. seq. authorizes an exemption from local property taxation the property of any veteran who has been declared by the United States Veterans Administration to be 100% disabled as of the date of same; and

WHEREAS, Arthur Kitson, who owns and resides at 3 Arden Court also known as Block 15569, Lot 104, has filed for the above mentioned exemption with the Tax Assessor; and

WHEREAS, Arthur Kitson was declared a 100% disabled veteran on April 5, 2001, a copy of said declaration being filed with the Tax Assessor and has owned the above mentioned property since September 21, 1965.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Tax Collector be hereby authorized to cancel a portion of the 2001 calendar year taxes and all of the 2002 calendar year taxes that have been billed on the above-referenced property.

BE IT FURTHER RESOLVED by the Township Council of the Township of Old Bridge that any payments for taxes made for the period after April 5, 2001 be refunded including any interest and principal paid by Arthur Kitson;

Levy Amount Payment Amount To be Canceled to be Refunded

2001 3,149.67 3,149.67 2002 2,089.83 - 0 -

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

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

NAYS: None.

ABSENT: Councilman Hoff.

RESOLUTION NO. 91-02

AUTHORIZING CANCELLATION OF CDBG MORTGAGE FOR HELEN SMITH IN THE AMOUNT OF $7,029.00

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

WHEREAS, a Community Block Development Grant (CDBG) Mortgage was entered into by Helen Smith with the Township of Old Bridge for premises known as 18 Michigan Drive, Old Bridge, New Jersey; and

WHEREAS, the amount of the CDBG Mortgage was for the amount of $7,029.00; and

WHEREAS, the above named individual has paid the outstanding amount of the mortgage and is requesting cancellation of said mortgage.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the CDBG Mortgage in the amount of $7,029.00 is hereby canceled. The Township Council authorizes the Mayor and Clerk to execute the discharge documents.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

RESOLUTION NO. 92-02

AUTHORIZING CONTRACT WITH CORPORATE DEFENSE STRATEGIES FOR PROFESSIONAL SERVICES OF A PROJECT SUPERVISOR

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 firm for purposes of providing surveillance cameras for the township parks; and

WHEREAS, Corporate Defense Strategies is a licensed New Jersey security services firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with Corporate Defense Strategies for purposes of providing a project supervisor to oversee the installation of the system to ensure the quality of the work and compliance with applicable codes.

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 contact for professional services is authorized to be entered into with Corporate Defense Strategies,195 West Spring Valley Avenue, Maywood, New Jersey 07607 in the amount of $7,600.00

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1030 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, Calogera, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Hoff.

RESOLUTION NO. 93-02

AUTHORIZING OLD BRIDGE LIONS CLUB 5K RACE FOR VISION

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

WHEREAS, the Old Bridge Lions Club is a charitable organization that has contributed to the community for many years; and

WHEREAS, the Old Bridge Lions Club wishes to hold a 5K foot race to be held on Sunday, June 2, 2002 from 9:00 a.m. to 11:00 a.m.; and

WHEREAS, the race is being held to provide contributions for vision screening and eye-wear for residents; and

WHEREAS, the race would begin at the Township Municipal Complex and continue from Cottrell Road to 516 West, up Higgins Road, across Ticetown Road and down to Cottrell Road to the finish line at the Municipal Complex.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township Council does hereby grant permission for the Old Bridge Lions Club to hold a 5K Race for Vision on June 2, 2002.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

RESOLUTION NO. 94-02

AUTHORIZING CONTRACT WITH GERALDINE BOHUNICKY FOR PROFESSIONAL SERVICES RELATING TO CDBG ANNUAL ACTION 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 requires the services of a consultant for purposes of providing consultation services to assist the Township of Old Bridge in preparation and submission of its CDBG Annual Plan for Fiscal Year 2002; and

WHEREAS, Geraldine Bohunicky, is a licensed New Jersey consultant who is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with Geraldine Bohunicky, located at 413 Princeton Avenue, Cherry Hill, New Jersey 08002-2249, for purposes of providing the aforesaid services relating to the CDBG Annual Action Plan FY2002.

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 Geraldine Bohunicky in the amount of $3,900.00.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1029 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 requirement are executed.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

RESOLUTION NO. 95-02

AUTHORIZING AGREEMENT BETWEEN M.J. BARONE AND THE TOWNSHIP OF OLD BRIDGE IN AN AMOUNT NOT TO EXCEED $40,000 FOR ELECTRICAL REPAIRS TO THE OLD BRIDGE PUBLIC LIBRARY

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 architectural firm for purposes of design of repairs and modifications for electrical repairs to the Old Bridge Public Library; and

WHEREAS, M.J. Barone & Associates is a licensed New Jersey architectural firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with M.J. Barone & Associates for purposes of providing the aforesaid services for the design of repairs and modifications for electrical repairs to the Old Bridge Public Library.

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 service is authorized to be entered into with M.J. Barone & Associates in an amount not to exceed $40,000.00

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1031 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 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, Calogera, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Hoff.

RESOLUTION NO. 96-02

AUTHORIZING THE REJECTION OF THE BID #02-06 WITH REGARD TO SURVEILLANCE CAMERAS

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 solicited bids in connection with surveillance cameras; and

WHEREAS, a bid was received from Closed Circuit Television Monitoring and Recording System; and

WHEREAS, the bid amount is in excess of the consultant's estimate; and

WHEREAS, the Township Council wishes to reject the only bid received for the surveillance cameras.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the bid received with respect to surveillance cameras is hereby rejected.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

RESOLUTION NO. 97-02

CANCELING TAXES ON BLOCK 8003, LOT 12.11 (Bankruptcy Proceedings)

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

the Old Bridge tax collector is hereby authorized to cancel taxes for Block 8003, Lot 12.11 (Kahr's Enterprises) which accrued prior to July 15, 1993 and any interest or penalty thereon as a result of U.S. Bankruptcy Court orders.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

RESOLUTION NO. 98-02

AMENDING THE 457 DEFERRED COMPENSATION 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 participates in a voluntary 457 Deferred Compensation Plan; and

WHEREAS, the Economic Growth and Tax Relief and Reconciliation Act of 2001 (EGTRRA) allows plan sponsors to amend their eligible benefits to participants; and

WHEREAS, any amendment must be done by resolution.

NOW, THEREFORE, BE IT RESOLVED that as administrator of the 457 Deferred Compensation Plan, the Chief Financial Officer, once the State of New Jersey approves such changes, authorizes the following amendments:

1. To allow the maximum regular deferral limit to be the lesser of 100% of includible compensation or $11,000 in 2002 plus $1,000 per year up to $15,000 in 2006, then indexed in $500 increments. Catch-up contributions during the three years prior to normal retirement age may be increased from $15,000 to twice the regular elective deferral limit. Deferral to other types of elective deferral plans, such as 401 (k) and 403 (b) are no longer required to reduce the amount that can be contributed to the 457 plan.

2. To allow employees who turn age 50 or over during the calendar year to contribute an additional amount into the plan for all plan years except during three years prior to normal retirement age while they are utilizing the regular 457 catch up provision. New code Section 414(v) sets out the additional amount applicable to 457 plans. The additional amount is $1,000 in 2002, increasing $1,000 each year up to $5,000 in 2006. This additional amount is then indexed in $500 increments based upon cost of living.

3. To allow 457 plan assets to remain tax deferred until actually distributed from the plan assets to remain tax deferred until actually distributed from the plan. Under amended Section 457 (a), the participants' account balances are no longer taxable when "made available". The special distribution rules under 457 (d) are repealed such that payments are no longer required to be paid in substantially non-increasing amounts paid at least annually. Non-spouse beneficiaries may now take distributions over life expectancy, not just 15 years.

4. To allow 457 plan participants to request trustee-to-trustee transfer of assets from their 457 account to a governmental defined plan for the purchase of permissible service credit (as defined in Section 415(n)(3)(A) under such plan or repayment to which Section 415 does not apply by reason of subsection (k)(3) thereof.

5. To allow the plan to accept rollover contributions from other types of employer-sponsored plans, including 401(a), 401(k) and 403(b) plans, and IRA's pursuant to new Code Section 457(e)(16) and revised Section 402(c)(8)(B) defining eligible retirement plan.

6. To allow the plan to accept qualified domestic relations orders pursuant to amended IRC Section 414(p)(11) to transfer all or a portion of a participant's account to an alternate payee pursuant to divorce. The plan may provide for immediate payments to alternate payees and tax report such distributions to former alternate payees.

7. To allow loans to participants from their 457 plan account once the Treasury regulations are set forth.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

RESOLUTION NO. 99-02

REQUESTING FAST TRACK APPROVAL AND IMPLEMENTATION OF ACCELERATION/DECELERATION LANE ON ROUTE 9, OLD BRIDGE, NEW JERSEY

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 been informed that the New Jersey Department of Transportation intends to authorize improvements to Route 9 in the area of the WalMart/Home Depot businesses in Old Bridge, New Jersey; and

WHEREAS, these improvements are desperately needed; and

WHEREAS, the Township Council believes that the need for these improvements is so urgent that the Department of Transportation should consider all necessary means to expedite the work involved.

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 New Jersey Department of Transportation is hereby requested to "fast-track" the design, permitting and construction of acceleration/deceleration lanes along Route 9 in Old Bridge at the location of the WalMart/Home Depot stores.

BE IT FURTHER RESOLVED that a true copy of this Resolution shall be mailed to

Governor James McGreevey, Senator Joseph M. Kyrillos, Jr. Assemblymen Samuel D. Thompson and Joseph Azzolina, Acting Commissioner of the New Jersey Department of Transportation Jack Lattiere.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilman Calogera.

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

Councilman Redmond: We received a memo about the shoulder not being approved by the DOT. As a result an acceleration does not exist. I want to be assured that we have something built in to prevent this.

Mr. Vincenti: The planning board required an acceleration lane for the exit to Rt. 9. When the applicant went to get his other approvals, which include one from the DOT, during that review process from DOT, the DOT did not approve the configuration that the approving board saw and made modifications. When the plans came in for resolution compliance, that change was either missed or approved in an administrative fashion, and that was then constructed. I do not have the exact history; that predates my time before the board. I am in the process of putting together a more stringent check list with respect to resolution compliance matters. We will not approve major changes in an administrative fashion and bring them back before the approving board.

Councilman Redmond: I want to be sure that there will be stops in place to prevent this from arising again.

Councilman Testino: I am sure that this site could support this as an acceleration lane is the entrance were moved. I am curious as to how the administration approval came about, and I would like to see a written report. I saw a letter from Mr. Vincenti that indicated to me that the developer was looking for the township to pay for the shoulder improvement or a contribution from the township. I thought that this was unconscionable. I saw your response which was on point. How do they make that request when they did not follow the planning board approvals?

Mr. Vincenti: I merely responded and took the position that he is entitled to construct the lane. If they don't take that position, I will refer that back to the appropriate board.

Councilman Testino: I hope that you will echo my comments and that the council will stand behind me in that the township will not pay for that improvement when it should have been done in the first place.

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

Mayor Cannon: We met with the DOT and the builder to resolve this. The DOT made it quite clear that they felt that it was the builder's obligation to make this improvement.

RESOLUTION NO. 100-02

AUTHORIZING THE GRANT APPLICATION FOR NJDOT TRANSPORTATION ENHANCEMENT PROGRAM FOR COTTRELL ROAD

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 is aware of a grant given by the New Jersey Department of Transportation to fund projects that improve the quality of life for New Jersey's residents and visitors to our State known as the Transportation Enhancement Program (TEA-21); and

WHEREAS, the Township Engineering Department wishes to apply for said grant; and

WHEREAS, the Township Engineering Department wishes the grant to be obtained for the Master Plan street scape along Cottrell Road. Improvements include bikeway, sidewalk, etalage, street trees, pavers and landscape promenade.

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 Township of Old Bridge shall and is hereby authorized to apply for a NJDOT Transportation Enhancement Program (TEA-21) Grant application in the amount of $250,000.00.

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

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

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

NAYS: None.

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

Councilman Redmond: I discovered that "etalage" is a legal term for anything else we want to do. Does Trenton have $250,000 to build a promenade on Cottrell Road?

Mr. Vincenti: The items contained in C-19 and C-20 (supporting township's transportation entitlement program grant for Cottrell Road and Ferry Road) are taken out of the Master Plan as adopted by the governing body. As it relates to Cottrell Road, those items are taken from the Town Centre master plan. Etalage is a brick paver walkway. There are $1.2 million of Master Plan improvements that emanate from the municipal complex to Cottrell Road. If we get this money, we will spend it developing the Town Centre links from the municipal complex along Rt. 516 and Cottrell Road frontages of the municipal complex property. This will occur on our side of Rt. 516 and Cottrell Road.

Councilman Redmond: When we voted on the Town Centre, we were of the impression that the zoning was changed to bring developers in. I never dreamed that we were asking the state for $250,000, and we were going to build it ourselves. That was never my intention with the Town Centre. We look to improve the quality of life of the visitors to New Jersey. I drive on Maple Street where I see a woman walking her daughter. Now that we have a traffic light on Maple Street, it has become a thoroughfare. If we want to improve quality of life, maybe that young lady's quality of life would be improved with a sidewalk. I think a promenade is something for a developer to build. If the State is giving away $250,000, it would be better spent improving safety of some of the areas of town where residents are walking to and from bus stops.

Mr. Vincenti: My purpose for putting this on the agenda is to bring this to a direction. We have an application that needs to be filed in a month. If this council could direct me as to where they feel is the most appropriate way to spend the money in line with the specific guidelines, I would be happy to put the application together.

Ms. Shepler: These TEA grants are federal pass through grants, and not state grants that are waiting for someone to take them. They have strong parameters as to how they can be spent and on what type of projects you can spend these funds. These are the old ISTEA grants. These are now called Transportation Enhancement Act, the purpose of which is to get away from vehicular traffic. With respect to Cottrell Road and Rt. 516 it is on the Master Plan. The purpose of the Town Centre zone is to encourage pedestrian traffic and bike paths. These are federal funds that are waiting for someone to claim them, and Old Bridge has as much right as anyone.

Councilman Baker: Please tell me what is going where.

Mr. Vincenti: There will be a series of sidewalks and pavers and a bike path along the Cottrell Road frontage from Rt. 516 across the front of the library to the ice rink to that property. Eventually, this will continue to Phillips Drive

Councilman Baker: Is this grant specifically going to pay to have sidewalks installed toward Phillips Drive?

Mr. Vincenti: No, because there are environmental constraints beyond that. The Orchard is doing their own link.

Mayor Cannon: Mr. Vincenti has been here a short time, but has taken the initiative to put together these applications. This is a long shot because this money goes to the entire country. I ask you to support this. If we get the money, we can do these projects. We have talked about doing an improvement zone, which is unrealistic because we don't have the businesses yet. Some of the amenities are not going to be financed through the businesses themselves, and if we can get the grant process to help us, I encourage that.

Councilman Redmond: I ask that we find a grant that makes Old Bridge safe instead of cute. I don't want to be sitting on the council when someone dies at Maple Street.

Mayor Cannon: We will look for those grants also.

Councilwoman Panos: When we sit here, we are not Democrats or Republicans, we are council members for all Old Bridge.

Councilman Calogera: Is the Orchards making a contribution to us?

Mr. Vincenti: They have agreed to construct a Town Centre sidewalk across the frontage of their property.

Councilman Greene: We don't have enough sidewalks in Old Bridge to get around. Funding sidewalks on Ferry Road is great especially in view of the fact that if the Housing Authority is building the senior housing on Rt. 18 and Ferry Road. What is planned for Ferry Road?

Mr. Vincenti: We envision a sidewalk and bike path for the entire length. When we got the grant application, there were twelve aesthetic types of applications. We struggled to find projects that fit within the parameters of the grants. This is not money gotten for drainage improvements. The only areas where we fit in was facilities for pedestrians and bikes and landscaping and other scenic beautification. There is an item of control and removal of outdoor advertising.

Councilman Greene: I believe that this works for Ferry Road.

Councilman Testino: Is it your opinion that this is the best two projects for which we could apply for the grants?

Mr. Vincenti: From the limited time I have been here, yes.

Councilman Testino: In the future perhaps we could apply for more grants for safety measures. If this is your best shot, I support you.

Councilman Maher: I applaud your work efforts even though you have indicated that this is a long shot. Didn't we hire a firm from Perth Amboy to apply for the grants?

Ms. Shepler: We did not hire anyone; they made a presentation. They were engaged if they were successful in obtaining a grant to be paid from a portion of the administration portion of the grant proceeds. They have been slow to respond, but this is limited to a smart growth grant only. We have not seen a finished work product.

Mr. Vincenti: We have an environmental problem with a stream in the area of the house between the ice rink and the Orchards. There are encroachments present. There are too many difficulties putting the sidewalk through; we will stop at our property.

RESOLUTION NO. 101-02

AUTHORIZING THE GRANT APPLICATION FOR NJDOT TRANSPORTATION ENHANCEMENT PROGRAM FOR FERRY ROAD

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

WHEREAS, the Township Engineering Department wishes to apply for said grant; and

WHEREAS, the Township Engineering Department wishes the grant to be obtained for the Ferry Road bikeway in accordance with the Township Master Plan.

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 Township of Old Bridge shall and is hereby authorized to apply for a NJDOT Transportation Enhancement Program (TEA-21) grant application in the amount of $150,000.00.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

RESOLUTION NO. 102

BILL LIST (Denied)

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 Baker, seconded by President Butler and so denied on the following roll call vote:

AYES: Councilmen Baker, Redmond, President Butler.

NAYS: Councilmen Calogera, Greene, Maher, Testino, Councilwoman Panos.

ABSENT: Councilman Hoff.

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

Mr. Shah: The overtime for the police department was budgeted at $500,000; they have spent $422,667 with a balance of $77,332 which represents 84% of the money spent. They will run out of money soon.

Councilman Testino: They have spent 84% of the budgeted money. Is there an explanation?

Mr. Shah: This is routine for us; we have been doing this year after year. One of the issues is the 911 emergency. We are getting money, but I am sure not all.

Councilman Testino: I am sure that at some point we should ask the Chief and his administration to report on this.

Councilman Calogera: I request a briefing on this at the next meeting.

Reports.

1. How the Township vet was chosen.

Ms. Shepler: If you want an in-depth explanation, I request an executive session since this requires a discussion of personnel.

Councilman Testino: I am satisfied with the report.

2. Morganville Road/Ticetown Road.

Ms. Shepler: I have not received anything from Traffic and Safety. However, unofficially, I have heard that it is impossible to do what we discussed. However, this is not a county road, but making it a cul-de-sac or a dead end, etc. are not necessarily feasible. I will wait for a written report.

Councilman Calogera: One of my comments was a realignment of that road.

Ms. Shepler: If you could have a private discussion with me after the meeting, I will be happy to address it.

3. Lambertson Tract - acquisition details.

Attorney Ruggierio: Please carry this to the next meeting.

Appointment.

1. Council concurrence on corrected term for Library Board Appointment

Mayor Cannon: I admitted about four times that I made an error. I thought they were three-year terms. I gave them