Old Bridge Township, New Jersey - November 12, 2002 Minutes

A Combined Meeting of the Township Council of the Township of Old Bridge was held on November 12, 2002 in the Municipal Complex. The meeting was called to order at 7:30 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, November 25, 2002 at 7:30 p.m.

Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Councilwoman Panos, President Butler. Councilman Testino arrived at 7:55 p.m. Councilman Calogera left the meeting after the adjournment of the Executive Session.

Executive Session (7:36)

RESOLUTION NO. 540

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:

Status of Labor Negotiations

Other Employee Related Issues

Woodland Trails Appeal (Yes or No)

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

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

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

NAYS: None.

ABSENT: Councilman Testino.

Combined Meeting resumes 8:35 p.m.

RESOLUTION NO. 541

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 November 12, 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 November 12, 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 $24,893,509.92 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilman Calogera.

ABSENT PODIUM: Councilwoman Panos.

RESOLUTION NO. 542

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 November 13, 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 $718,462.75 (Payroll).

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

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

NAYS: None.

ABSENT: Councilman Calogera.

ABSENT PODIUM: Councilwoman Panos.

RESOLUTION NO. 543 Denied

BILL LIST

Councilman Baker: We have voted "no" for overtime every time. What happens if we vote "no" again today. If we have paid this already, why vote? And if we have not paid it, and we vote "no", why are we paying it?

Attorney Ruggierio: The first principle is a statutory principle that township council must approve or disapprove all claims. In this case, you are correct. Historically, for the last couple of years the council has been voting against approval. The result of that is that should we honor the council's rejection of those overtime claims, we would be responsible not only contractually, but also we would be responsible under New Jersey statutes to pay penalties and interest to the employee in addition to attorney's fees should a claim be brought regarding non-payment.

The odd circumstance has arisen where council routinely denies the overtime claim as some statement of purpose. The administrator in consultation with me and Mr. Clarke, our labor council, along with the mayor directs that this be paid. Should the mayor elect to honor the council's decision not to approve the overtime, I think that bad things would happen to the town. If a citizen wanted to sue the township for paying claims that have not been approved according to statutes, I am not sure what a court would do with this. You are correct to say that these monies have been incurred, and council has to fulfill its duty to have the claims presented and vote them up or down.

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

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

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

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

AYES: Councilmen Baker, Redmond, President Butler.

NAYS: Councilmen Greene, Hoff, Maher, Testino, Councilwoman Panos

ABSENT: Councilman Calogera.

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 October 2002:

DOGS:

3120-3160 338.00
Replacement 3134, 3145, 3155 1.50

CATS:

373 7.00

LICENSE:

Wrecker/Tower

Julian's Garage 3 Licenses 300.00
Logan's Towing 2 Licenses 200.00

Sale of Christmas Tree

#318 Junice - 100.00

Limousine

#326 Eid 50.00

650.00

PARKING PERMITS

1128-1521

297 Permits Issued - 9 Voided #'s 1306, 1388, 1401, 1427, 1462, 1478, 1506, 1511, 1513 9,625.00

BINGO/RAFFLE

RA57-02 Catholic Daughters of Amer. 10.00
RA58-02 Catholic Daughters of Amer. 10.00
RA01-03 Congregation Beth Ohr 500.00
BA02-03 Congregation Beth Ohr 500.00
BA03-03 St. Thomas Church 510.00
BA04-03 St. Thomas Church 520.00
BA05-03 St. Thomas Church 500.00
BA06-02 St. Thomas Church 510.00
BA07-02 St. Thomas Church 510.00

3,570.00

SEARCH

12, 13 -2002 20.00

MISCELLANEOUS

Photocopies - Copies 26.75
Late Fee - DOG 10.00
Medina - Bounced Check (Parking Permit) 25.00
Bounced Check Fee 20.00

81.75

Total: $14,293.25

Motion

to accept the Report of the Clerk made by Councilman Hoff, seconded by Councilman Testino 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 Calogera.

Report of the Attorney.

Attorney Ruggierio: My report was given in executive session. I have nothing further.

Motion

to accept the Report of the Attorney made by Councilman Hoff, seconded by Councilman Redmond 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 Calogera.

Preliminary public comments.

Mr. Lorton: Questioned the council about the "doors".

President Butler: Responded that Ms. Shepler had left the room and upon her return, she would address his question.

Mr. Shakoor: It cost me $1500 to erect the signs in front of my store (Shop Rite), and $1,000 to take them down. Either all the signs, streamers, and banners in the town come down or everything stays up. I have been told that if you are granted a variance, you can leave your sign up. That is a contradiction. Why would someone have a sign up advertising cigarettes for $5 and be told to take it down, and then apply for a variance, and the sign can be put back up? I would like this to be a fair and level playing field.

Councilman Redmond: Why are these signs still up? What happens (when the store owners don't comply)?

Mayor Cannon: They are summonsed.

Councilman Redmond: Don't you make them take the sign down?

Mr. Vincenti: The zoning officer is not singling out anyone property owner. I have a list dated from October 21 to November 1 of 54 locations which were inspected and for which notices given to the property owners. The first notices given were of an educational nature which stated that a sign was in violation. They were given the rules and regulations and were requested to remove the sign. There were reinspections done on 19 locations. As of last week, there were 3 summonses issued and another 2 summonses issued today. There are signs that the zoning officers are directing the property owners to remove. The signs that are tacked on utility poles are being removed by the zoning officer. This is a compliance issue.

Councilwoman Panos: Can these owners continually be fined? Can the zoning officer remove a sign?

Mr. Vincenti: When the notices were issued, the property owners have complied without the next step - a municipal court summons. There have only been 5 instances to date of 51 locations that have refused to take the signs. Most are complying.

Proclamation - American Indian Heritage Month.

Mayor Cannon presented the following proclamation to Marvin Davis and Helen Rende:

WHEREAS, during American Indian Heritage Month we celebrate the rich cultural traditions and proud ancestry of American Indians and Alaskan natives and we recognize the vital contribution these groups have made to the strength and diversity of our society; and

WHEREAS, American Indians and Alaskan natives have played a central role in our history. In 1805 and 1806 Sakajawea, a Shoshone Indian woman, helped guide Lewis and Clark on their historic expedition to explore the uncharted West. This remarkable journey, known as the Voyage of Discovery, would not have been possible without her efforts and today she remains a proud symbol of American Indian courage and strength; and

WHEREAS, we are grateful to the Navajo Codetalkers for their service during WWII. Participating in every assault the US marines conducted in the Pacific from 1942 to 1945, the Navajo Codetalkers relayed secret messages that helped our nation and the allies secure victory. The Congress recognized these heroes by authorizing the President to award them Congressional Gold Medals. These examples of our true American spirit reflect our shared history and serve as reminders of the unique heritage of American Indians and Alaska Natives; and

WHEREAS, Education is essential the future success of tribal communities. We will work together to ensure that our Indian education programs offer high quality instruction and job training that contribute to the vitality of our Native American communities. We will also work to maintain the legacy of American Indians and Alaska Natives by preserving irreplaceable languages and cultural traditions; and

WHEREAS, to enhance our effort to help Indian nations be self-governing, self-supporting and self-reliant, we will continue to honor tribal sovereignty by working on a government to government basis with American Indians and Alaska Natives. We will honor the rights of Indian tribes and work to protect and enhance tribal resources; and

WHEREAS, several federal agencies recently participated in the National Summit on Emerging Tribal Economies to help us increase employment and expand economic opportunities from all Native Americans. In order to build upon this effort, we will work to promote cooperation and coordination among federal agencies for the purpose of fostering greater economic development of tribal communities. By working together on important economic initiatives, we will strengthen America by building a future of hope and promise for all Native Americans.

NOW, THEREFORE, I, Barbara L. Cannon, Mayor of the Township of Old Bridge, Middlesex County, New Jersey, do hereby proclaim November 2002 as National American Indian Heritage Month in Old Bridge and call upon all citizens to commemorate this month with appropriate programs and activities.

Ordinance for Second Reading - No Vote Taken

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 54-02

ORDINANCE VACATING A PORTION OF STEAMBOAT LANDING LANE

WHEREAS, Steamboat Landing, also known as Dock Road, has been realigned, and

WHEREAS, this realignment has resulted in a portion of Steamboat Landing Lane no longer being needed as a public roadway, therefore

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

SECTION 1: PURPOSE

The purpose of this Ordinance is to vacate a portion of Steamboat Landing Road (also known as Dock Road) which is no longer needed for public use by the Township of Old Bridge following the realignment of such road.

SECTION 2: ORDINANCE

The Township of Old Bridge hereby vacates a portion of Steamboat Landing Road, also known as Dock Road, and more fully described in the document Description of a Portion Steamboat Landing Road (also known as Dock Road) in the Township of Old Bridge, Middlesex County, New Jersey, to be vacated and dated July 26, 2000 on file with the Township Clerk.

The vacation of this road is contingent upon the filing of an executed deed of easement and right of way granting an easement and right of way to the Old Bridge Municipal Utilities Authority to permit the OBMUA to maintain utilities located in the portion of Steamboat Landing to be vacated. Such easement must be accepted by the OBMUA in order to be valid.

The vacation of this road is further contingent upon the owner(s) of the underlying fee(s) filing a deed(s) with the Middlesex County Clerk which contains the restrictions:

No improvements may be made on the vacated parcel except accessory buildings and uses to adjourning properties.
No improvements may be made on the vacated parcel which violate any setback requirements of the Land Development Ordinance of the Township of Old Bridge, nor shall any application be made for a variance with regard to set back requirements.

A true copy of this Ordinance, together with proof of publication, shall be filed with the Middlesex County Clerk within sixty (60) days of the effective date of this Ordinance.

SECTION 3: INCONSISTENT ORDINANCES

All ordinances or part of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extend 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

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 NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

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

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 lest two thirds (2/3) of all members of the Council vote in favor of such resolution.

Moved by Councilman Greene, seconded by Councilman Maher. NO VOTE TAKEN

The following discussion took place.

Councilman Testino: I have spoken to Mr. Heilbrunn, and it appears that we are a little more enthusiastic than what I had initially proposed. I was seeking not to have the land subdivided - not from preventing this gentleman from ever expanding the restaurant. My initial intent stands. I don't want to see a new business on the corner, but do not want to prevent the restaurant owner from having his livelihood and expanding within the means that the engineering department would require if he went before the zoning board. I don't think there is any way that you could develop that property in any respect for an expansion without going in front of the zoning board because there has to be something about that lot that is going to throw it in that direction. Perhaps Mr. Heilbrunn can enlighten us more about his objections. I don't want to see an ice cream parlor on that corner; it is congested enough, but the restaurant deserves a chance to expand because it is good for the community.

Councilman Hoff: I am not for or against any business; they are all a good part of our community. I cannot understand how that land was swapped. How could WaWa transfer land on the other side of the road to an owner to which they are not related. I am confused! Something is not right, and I don't like it. Someone has to tell me why and how this happened.

Councilman Maher: I would like to hear from Mr. Heilbrunn.

Mr. Heilbrunn: I am speaking on behalf of the Pine Tavern, and I am in part responsible for the conundrum that we find ourselves in tonight. I represented WaWa with regard to their application to the zoning board. Although the council was not a participant in that application, the Township of Old Bridge created the situation which gives rise to the application this evening for the vacation of a portion of Steamboat Landing Road (a/k/a dock Road). When we made the application to the township for the WaWa, Steamboat Landing was in its original location, and when we appeared before the zoning board, it said that we have had on our master plan for eternity the correction of that intersection. We need to move it over so that it is a four-way intersection. It also needs a traffic light, and I told the people at WaWa that if they wanted the application to pass with the township, they had to agree at their cost to move Dock Road to the right. You will make it a four-way intersection paying for the traffic system and my client agreed. This was a requirement of your engineer and the zoning board.

In order to make that happen there was the strip of Dock Road which was in between lands that WaWa owned and this new intersection. The zoning board decided that in order to be a good neighbor on the other side of Dock Road because there is a piece of land that WaWa owns which is now separated from what they wanted to build, the zoning board wanted WaWa to give that property to the residents across Dock Road so that they will own more land and WaWa would not own a little isolated piece of land. Because the land owners on the far side of the road would now own both sides of to be vacated Dock Road . . . .

Councilman Hoff: I can understand that the other property owners would have been landlocked with the road changing, but not so with Pine Tavern.

Mr. Heilbrunn: That is correct, but as to the residents behind Pine Tavern, we are legally obligated to do something for them. If you wanted to say "no", you probably could do that, but you would be legally and morally incorrect.

Councilman Hoff: I cannot understand why the zoning board members and planners said to give this land away.

Mr. Heilbrunn: Zoning and planning boards have requested applicants to give "something" - to give contributions, to give land, to do something to benefit the town.

Councilman Hoff: Why didn't they give it (the land) to Old Bridge?

Mr. Heilbrunn: What would you do with a strip of land that is approximately 100' X 200'?.

Councilman Hoff: It could be a place for a monument!

Mr. Heilbrunn: As part of the process the OBMUA which owns easements (water and sewer lines) on Dock Road said that before the township vacates the land, we need the township to grant to the MUA an easement down Dock Road. The Township of Old Bridge executed the easements to the MUA in preparation for the vacation of Dock Road so that the easements of the MUA are preserved in perpetuity. You signed off on an application to the Department of Transportation. WaWa at their cost and expense for the township prepared the application to the DOT to move Dock Road to its present location. The Township of Old Bridge signed off on the application. I have the major access permit plan as filed with the DOT. On that form and on the maps which you have submitted to the State of New Jersey and on which the State of New Jersey relied and on which WaWa relied, you have placed the words "to be vacated" on the lands that WaWa gave to its neighbors to its west. You have been knowingly or unknowingly a party to the entire process which moved the road to its present location, which provided the signals at that location, and which represented to the State of New Jersey and to the adjacent property owners that you would vacate the property. An ordinance has been proposed which says that the road will be vacated with several conditions, the second of which is the second condition which presents the problem which I wish to address this evening. In essence it states that no one who gets any part of the vacated property can ever do anything with his/her property which would require any variance or any waiver from any board whatsoever. This is a self-defeating clause.

The property is located in an OG-1 zone which is an office zone requiring a minimum size of one acre. The lot does not contain one acre; the use which is a preexisting, non-conforming use, is not an office use and would not be permitted in that use. The Pine Tavern exists because it has been there since the beginning of time. If you pass the ordinance in its present form, the existing facility (the Pine Tavern) can never build an addition to the restaurant. This is a very successful restaurant, and it has hopes to expand on the site to build additional space. It can never build additional space without applying to the zoning board for a variance. Currently, it violates the ordinance as to use; it violates the front yard and set back requirements because of its existence on the site. If you tell them they can never apply for a variance, you are defeating a purpose of the township to expand growth and ratables in this township. They will have to pass the muster of a board and Mr. Vincenti's office. To deny them the right to make that application is unreasonable.

With regard to the other property owners at the rear of the site, the Claytons, their property is located in an R-7 zone (residential). It may be best suited to be developed for commercial purposes. If you pass this ordinance, they would be precluded from applying to a board to do anything other than build residences (a) on a site that is adjacent to an existing restaurant and (b) on a site that is across the street from an existing WaWa. This would be unfair.

Councilwoman Panos: Do you represent the Claytons?

Mr. Heilbrunn: No, but their interests must be considered by this council. Since the beginning of this application, the township has participated in the movement of the roadway, and a statement of fact on not only the persons to the west of the property, but also the State of New Jersey DOT have relied that you have agreed that you will vacate that portion of Dock Road. I request that you do so without a prohibition that no recipient of any of that property is forever precluded from requesting any relief. I can understand a concern that the owner of the Pine Tavern should not be able to take this small, triangular piece of property and make an application to erect a Rita's Ices or should not be able to subdivide it and sell a part to someone else, but he should be able to use it as an integral part of the existing facility.

Councilman Maher: I suggested that "no improvements may be made on the vacated parcel which violate any set back requirements of the Land Development Ordinance of the Township of Old Bridge, nor shall any application be made for a variance with regard to set back requirements". I am trying to protect the interests and the rights of the residents of Old Bridge. I applaud the owner of Pine Tavern and wish him luck with an expansion. The building is right on Rt. 34. I am suggesting that if the owner of that building wants to expand the restaurant, he has to adhere to our present day regulations with respect to set backs - not fifty year old rules and regulations. Nothing will preclude the owner of Pine Tavern from expanding that restaurant, but not expanding it along Rt. 34. I don't want to see a Taj Mahal which would not be in the best interests of the residents of Old Bridge.

Mr. Heilbrunn: I understand your comments and in concept concur with them. By using that language you are creating an insurmountable burden. Presently the Land Development Ordinance would require a 75 foot buffer from Rt. 34 and a 50 foot buffer from the new Steamboat Landing. If your superimpose those two lines on this piece of property and said the applicant cannot apply for a variance from those two requirements, you would have rendered the property totally useless. I understand that you would prefer and I am sure that the zoning board would concur that any addition to this property would be designed in a manner to maximize set backs and buffers from Steamboat Landing and from Rt. 34. I am suggesting that the language that you have recommended to the township in this ordinance would preclude further development of this site in its totality.

Councilman Maher: Suppose we put a period after "no improvements may be made on the vacated parcel which violate any set back requirements of the Land Development Ordinance of the Township of Old Bridge." Delete "nor shall any application be made for a variance with respect to set back requirements". I don't want to compromise the township's position with respect to current day rules and regulations with respect to building. I encourage the applicant to build.

Mr. Heilbrunn: May I suggest that the language be modified to provide the recommendation to any approving board which would consider an application for further development of this site that they take into consideration the set back requirements and buffering requirements of the Land Development Ordinance and attempt to incorporate them to the extent possible within an application for site plan approval.

Councilman Testino: Aren't they under that charge now?

Mr. Heilbrunn: Of course they are.

President Butler: Does Mr. Maher and the council agree to that?

Councilman Testino: I would like to move the ordinance without the "No. 2" amendment.

Ordinance for First Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 57-02

AN ORDINANCE VACATING A PORTION OF STEAMBOAT LANDING

WHEREAS, Steamboat Landing, also known as Dock Road, has been realigned; and

WHEREAS, this realignment has resulted in a portion of Steamboat Landing no longer being needed as a public roadway.

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

Section 1. Purpose

The purpose of this ordinance is to vacate a portion of Steamboat Landing (also known as Dock Road) which is no longer needed for public use by the Township of Old Bridge following the realignment of such road.

Section 2. Ordinance

The Township of Old Bridge hereby vacates a portion of Steamboat Landing, also known as Dock Road, and more fully described in the document Description of a Portion of Steamboat Landing (also known as Dock Road) in the Township of Old Bridge, Middlesex County, New Jersey, to be vacated and dated July 26, 2000 on file with the Township Clerk.

The vacation of this road is contingent upon the filing of an executed deed of easement and right-of-way granting an easement and right-of-way to the Old Bridge Municipal Utilities Authority (the "OBMUA") to permit the OBMUA to maintain utilities located in the portion of Steamboat Landing to be vacated. Such easement must be accepted by the OBMUA in order to be valid.

The vacation of this road is further contingent upon the owner(s) of the underlying fee(s) filing a deed(s) with the Middlesex County Clerk which contains the following restrictions:

No improvements may be made on the vacated parcel except accessory buildings and uses to adjoining properties; and

A true copy of this ordinance, together with proof of publication, shall be filed with the Middlesex County Clerk within sixty (60) days of the effective date of this ordinance.

Section 3. Inconsistent Ordinances.

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

Section 4. Partial Invalidity.

Section 5. Effective Date.

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Township Council by delivering 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 Testino, seconded by President Butler and so ordered on the following roll call vote:

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

NAYS: Councilman Maher, Councilwoman Panos.

ABSTAIN: Councilman Baker

ABSENT: Councilman Calogera.

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

Ordinance for First Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 55-02

ORDINANCE AUTHORIZING ACCEPTANCE OF LAND (Woodhaven Village)

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 OF ORDINANCE

This ordinance is adopted for the primary purpose of accepting 220 acres of land within the Township of Old Bridge

SECTION 2: ACCEPTANCE OF PROPERTY

The Township of Old Bridge does hereby accept 220 acres of property located within the Woodhaven Village Development in the Township of Old Bridge and known as Block 22000, Lot 27.11, Block 23001, Lot 15.10 more fully described in the document known as "Proposed Subdivision Plat, Woodhaven Village, Open Space (Parkland) Dedication, Block 22000, Lots 25.12, 26,27,30 and 40, Block 23002, Lots 13,14,15 and 17, Township of Old Bridge, County of Middlesex, State of New Jersey" dated December 5, 1999 and November 30, 1999 and filed with the Office of the Clerk of Middlesex County on March 15, 2001 as map No. 6113, File 985, and Block 22140, Lot 30.17 more fully described in the document known as "Final Major Subdivision Plat, Woodhaven Village Section 1, Lots 10.11, 12,15.12, 18,19,20,28,29 and 30, Block 22000 tax map numbers 22, 22.11, 22.12 and 22.13, Township of Old Bridge Middlesex County, State of New Jersey" dated February 23, 1998 and filed with the Office of the Clerk of Middlesex County on August 25, 1999 as map No. 6015, File 984. The conveyance of the property shall be made by deed in a form approved by the Township Attorney.

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.

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.

Moved by Councilman Redmond, seconded by Councilman Baker 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 Calogera.

Prior to the roll call vote President Butler opened a public portion. Seeing no hands President Butler closed the public portion and the following discussion took place.

Councilwoman Panos: Are we due any other lands from Woodhaven to be set aside for a school or a library?

Ms. Shepler: There is a fifteen acre parcel for the school; another for emergency services (perhaps eight acres).

Mayor Cannon: I think there is another community service site, but I don't think it is specifically designed for a library. We will check.

Ordinance for Second Reading. TABLED

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 56-02

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE SCHEDULING PUBLIC SPEAKING AT MEETINGS OTHER THAN REGULAR MEETINGS

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 creates a public portion at all meetings of the Township Council other than regular meetings, such as agenda meetings and special meetings, during which members of the public can speak and be heard, in accordance with the Open Public Meetings Act, N.J.S.A 10:4-6, et seq.

SECTION 2: PUBLIC PORTION

There shall be a public portion at all meetings other than regular meetings of the Township Council during which the public will be invited to speak on any subject matter for a period not to exceed three (3) minutes per person at the end of the meeting.

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

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 NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

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

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 lest two thirds (2/3) of all members of the Council vote in favor of such resolution.

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

AYES: Councilmen Baker, Hoff, Maher, Redmond, President Butler.

NAYS: Councilmen Greene, Testino, Councilwoman Panos.

ABSENT: Councilman Calogera.

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

Councilman Maher: I thought there was a committee reviewing this, but I have not seen a report.

Ordinance for First Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 58-02

An Ordinance Vacating Right of Way at William Way

WHEREAS, William Way was a part of a cul-de-sac which was demolished when the street was redesigned and reconstructed as a through street; and

WHEREAS, William Way is no longer need for use a public roadway as a result of such redesign and reconstruction.

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

Section 1. Purpose

The purpose of this Ordinance is to vacate a right of way at William Way which is no longer for public use by the Township of Old Bridge.

Section 2. Ordinance

The Township of Old Bridge hereby vacates William Way more fully described in the document entitled "Schedule A" attached and on file with the Township Clerk. The Township of Old Bridge expressly reserves all rights and privileges now possessed by pubic or private utilities to maintain, repair and replace their existing facilities in, adjacent to, over or under the roadway being vacated including but not limited to gas, water, cable, telephone, electric, sanitary sewers, and any appurtenances and rights of ingress or egress relating thereto.

Within sixty (60) days of the effective date of this Ordinance, a certified copy of this Ordinance together with proof of publication and copies of all exhibits shall be filed with the Clerk of Middlesex County for recording.

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.

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 Township Council and approval by the Mayor, where such approval is required, unless the Township Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Township Council vote in favor of such resolution.

Moved by Councilman Hoff, seconded by Councilman Baker 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 Calogera.

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

Councilman Hoff: I have reviewed the documents from legal and engineering. I believe this is the proper thing to do to allow the landowner to fully utilize his land without any hardship.

Ordinance for First Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 59-02

AN ORDINANCE ESTABLISHING THE POSITION OF POET LAUREATE

WHEREAS, the Township Council wishes to authorize the position of Poet Laureate for the Township of Old Bridge; and

WHEREAS, the Poet Laureate should serve a one (1) year term in office; and

WHEREAS, the Poet Laureate will perform certain duties as more particularly described herein; and

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

Section 1. Purpose

The purpose of this ordinance is to establish the position of Poet Laureate of the Township of Old Bridge.

Section 2. Position of Poet Laureate Established - Non-paying Position

The position of Poet Laureate of the Township of Old Bridge is hereby established. The said position shall be established and shall exist in the office of the Township Clerk of the Township of Old Bridge. The said position shall be nonpaying

Section 3. Duties of the Poet Laureate

The duties of the Poet Laureate shall be:

To promote the writing and reading of all types of poetry.
To promote literacy.
To record in poetic verse local and worldwide newsworthy events affecting Old Bridge during the poet's term in office. (This record is to be entered in a hardbound album and kept in the library for viewing by the public.)

To create college English scholarships for Old Bridge High School seniors and the college-bound children of Old Bridge 9/11 victims' families.

Section 4. Appointment. Term of Office. Removal.

The Poet Laureate shall be appointed by the Township Council of the Township of Old Bridge. The term of the Poet Laureate's office shall be for a period of one (1) year or until his or her successor is appointed. However, nothing herein shall be construed to vest the Poet Laureate with protection against immediate removal for any reason if deemed appropriate by the Township Council of the Township of Old Bridge

Section 5. Effective Date

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

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

C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Township Council and approval by the Mayor, where such approval is required, unless the 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 Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: Councilmen Greene, Councilwoman Panos.

ABSENT: Councilman Calogera.

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

Councilman Maher: The suggestion was made to run an ad on cable television which was done from October 21 through November 6. The Clerk has told me that we received a resume from Robert Franza for the position of poet laureate. This ordinance has been prepared by the township attorney, but I would like to suggest minor modifications. Rather than this position report to the Department of Recreation, it should report to the Township Clerk. Where the ordinance reads "The position of poet laureate of the Township of Old Bridge is hereby established. The said position shall be nonpaying" We will delete all reference that the position reports to the Department of Recreation, but that it reports to the Township Clerk.

Councilman Hoff: Is the term of office two years?

Councilman Maher: Yes.

Mayor Cannon: I understand that this was advertised, but am not sure how much exposure. We were not asked to put this on the website which has exposure. I am not sure if everyone really understands what a poet laureate is, and don't know if there was much of an explanation on Channel 70. The idea has merit; however, I have a problem with the applicant laying out the responsibilities and duties of this office and without giving anyone else an opportunity for input and what its purpose and mission is. Now that the council is taking full responsibility, who is going to monitor to be sure that the obligations and responsibilities are being carried out? I have concerns and have had problems with the national poet laureate, and there has to be something in the ordinance that gives the council ( if they are going to be the authority) to eliminate the position or at least (eliminate) the individual.

Councilman Maher: The ordinance reads "Nothing herein shall be construed to vest the poet laureate with protection against immediate removal for any reason deemed appropriate by the Township Council."

Mayor Cannon: Is the township council collectively going to administer the office?

Councilman Maher: You will learn so in a few minutes after we pass this for first reading.

Councilman Baker: It is a privilege to have Mr. Franza here, and I suggest that he recite a poem for us after the vote.

Attorney Ruggierio: Under our form of government if you are going to establish positions, those positions must be placed within the administration of the township. The positions are situated within departments with the mayor at the head. This is not a township committee form of government under which the positions in the township report to the township council. I tried to correct what seemed to me to be an error in the way the council was looking at this. Now Mr. Maher wants to specifically place this position under the jurisdiction of the council which violates our form of government. That is why I redrew the ordinance in the manner I did. Unless I made an error, I don't believe that the township council has removable authority under the ordinance I drew. Removal would be consistent with the removal of any individual under our form of government, i.e., the department head must remove but only with the permission of the mayor.

Under our form of government department heads have the power to appoint absolutely. They have the power to remove only with the permission of the mayor, and the council may remove any municipal officer on a two-thirds vote.

Councilman Maher: Don't we have council committees that we have formed that are appointed by the council? We have a recreation committee appointed by the council. We formed a new television and movie committee. I am suggesting that this has been a council initiative, and this position should report to the township council.

Attorney Ruggierio: Under our form of government the council is permitted to have an advisory citizen committee who gives them advice. What you are doing here is creating a position called "poet laureate". I don't think that the position has that many responsibilities, but among them is the responsibility to put a book in the township library of poems, etc. I may be mischaracterizing the position. The position has duties, and it is a position that must reside within the administrative arm of government. Council cannot usurp the mayor's authority over positions.

Councilman Maher: Can we place this position in the clerk's office?

Attorney Ruggierio: No, because the clerk's office has no statutory responsibility for maintaining poems.

Councilman Testino: I think that this nonpaying position can be a record keeping function that can be bestowed to the clerk's office under our jurisdiction and not call it a position but whatever you want to call it under the clerk's office to keep such records at our discretion. I don't believe this should be a two-year term, but a one-year term on a trial basis. I don't see this as a township function, but rather a record keeping function of this body. If we want to establish a poet laureate for this body, I believe we can. It does not have to be for the whole township. If the mayor wants one for her office, she can do that. We can create a position for that body, but it seems to me that we are really discussing censorship and who is going to be able to tell the poet laureate what he can write and what he cannot. The avenue to that is to shorten the term, take it out of the auspices of the politicians and put it under the clerk so that we can keep records and an ongoing memorial in lyric form. If that is the intent, that is my proposal. If not, shape it as an advisory and don't call it a position.

Councilman Redmond: I don't see what this has to do with recreation. If you had said that this should be in the library, but recreation . . . .I don't see this as a recreational designation. I am sure that Tom (Badcock) is very poetically inclined.

Attorney Ruggierio: We have eight or nine departments - public works did not seem appropriate; legal did not seem appropriate. Public safety was not right. By the time I eliminated engineering (community development), I went to recreation which seemed to be the one.

Councilwoman Panos: Maybe this should be the library, but if it can't, to have it in the clerk's office . . . .Reading and poetry is fun, and maybe there could be a stand in the recreation department, and when kids hang out and play . . . . Why shove poems into the clerk's office. It should be placed where the public gathers.

Motion

to table made by Councilman Hoff, seconded by Councilman Greene and so denied on the following roll call vote:

AYES: Councilmen Greene, Hoff.

NAYS: Councilmen Baker, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

ABSENT: Councilman Calogera.

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

Councilman Baker: I find it mind boggling that after Mr. Testino's remarks, Mr. Ruggierio would not realize the sanity, move on and let Mr. Franza read one of his poems.

Subsequent to the roll call vote Mr. Franza read the following:

Mr. Franza: This poem is about at the end of a long marriage, the woman is questioning her husband's affections, and in the poem he states how he still feels.

To Sleep

Shut the lights, my angel, listen to what I thought need not be said

Take a breath to ease this tension and climb slowly into bed

Slip into these arms awaiting

Let these eyes extol your touch

You feel this love of ours is fading

I fear that I may love too much

If I have been a bit evasive and grown too quiet through the years

Then without reason are you pensive

It means so much to have you here

My dear, the passion has but mellowed unlike the memories we keep

And all the pictures that have yellowed, my love for you I take to sleep

And should I not again to awaken to find your head against my chest

And through my dreams I would forsake the thought of ending this night's rest

So smile for me once more my princess and know my love is ever deep

Hold me close through this sweet stillness and fall softly now to sleep.

Consent Agenda.

RESOLUTION NO. 544

BINGO/RAFFLE

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that: WHEREAS, the following organizations have made application to hold, operate and conduct a Bingo/Raffle; said applications being in accordance with the statutes relating thereto.

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

BA01-03 - Jewish Community Center
BA02-03 - Jewish Community Center
BA03-03 - St. Thomas Home School Association
BA04-03 - St. Thomas Altar Society
BA05-03 - St. Thomas the Apostle
BA06-03 - St. Thomas Holy Name
BA07-03 - St. Thomas Senior Citizens

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

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

NAYS: None.

ABSENT: Councilman Calogera.

ABSENT PODIUM: Councilwoman Panos.

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

Councilman Baker: Under Robert's Rules is there a reason why we cannot vote on all of these by a show of hands?

Attorney Ruggierio: The statute requires a voice vote. I have not looked at Robert's Rules, but rather at the statute that rules our form of government

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

RESOLUTION NO. 545

RESOLUTION MEMORIALIZING RELEASE OFPERFORMANCE GUARANTEE FOR SIMON CLEANERS A/K/A SMILE CLEANERS

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

WHEREAS, Simon Cleaners (a/k/a Smile Cleaners), located on Route 516 is now seeking a release of the performance guarantee; and

WHEREAS, a bond hearing was held on October 28, 2002 at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, the Township Engineer has performed an inspection of the work performed and finds that the bonded items have been completed satisfactorily; and

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

Performance Bond $10,368.00

10% Cash Deposit $ 1,152.00

Total $11,520.00

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the performance guarantee be released subject to the following:

The developer posting a Maintenance Bond for a (2) two year period in the amount of $1,728.00 (15% of the Total Performance Bond).

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

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

NAYS: None.

ABSENT: Councilman Calogera.

ABSENT PODIUM: Councilwoman Panos.

RESOLUTION NO. 546

GRANTING PERMISSION FOR LAURENCE HARBOR LITTLE LEAGUE FLEA MARKET

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 Laurence Harbor Little League to hold a Flea Market (Yard Sale) on Saturday, November 23, 2002 with a rain date of Sunday, November 24, 2002;

WHEREAS, the Laurence Harbor Little League will hold its Flea Market (Yard Sale) from 9:00 a.m. to 3:00 p.m. at the Laurence Harbor Little League field; and

WHEREAS, all necessary permits must be obtained through the offices of Code Enforcement, Health Department, Fire Officials and Police Department at least 48 hours in advance of said event; and

WHEREAS, said event shall be held in conformance with the Township's rules and regulations.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that permission is hereby granted to the Laurence Harbor Little League to hold its Flea Market on Saturday, November 23, 2002 (rain date Sunday, November 24, 2002).

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

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

NAYS: None.

ABSENT: Councilman Calogera.

ABSENT PODIUM: Councilwoman Panos.

RESOLUTION NO. 547

RESOLUTION AUTHORIZING THE CONTRACT TO BUCHALSKI, REYNOLDS & BRODOWSKI FOR APPRAISAL SERVICES FOR PROPERTIES LOCATED IN THE TOWNSHIP

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

WHEREAS, the Township Council previously entered into a contract with the firm of Buchalski, Reynolds & Brodowski for appraisal services for the valuation and consulting services for ad valorem purposes of properties located in the Township of Old Bridge.

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

The contract to Buchalski, Reynolds & Brodowski for the Tax Assessor's Office is hereby authorized in the amount not to exceed $50,000.00

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

This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds # 1088 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. 1088

AMOUNT $50,000.00

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.

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

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

NAYS: None.

ABSENT: Councilman Calogera.

ABSENT PODIUM: Councilwoman Panos.

RESOLUTION NO. 548

RESOLUTION AWARDING CONTRACT #02-25 TO OASIS FORD FOR THE PURCHASE OF THREE (3) 2003, SPECIAL PURPOSE UTILITY VEHICLES

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 #02-25; and

WHEREAS, bids were received and opened on October 24, 2002; and

WHEREAS, the Township of Old Bridge wishes to purchase three (3) 2003, Special Purpose Utility Vehicles; and

WHEREAS, Oasis Ford, located at 3698 Route 9 South, Old Bridge, New Jersey 08857, has been awarded Contract #02-25 as they have submitted the lowest responsible bid; and

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

Oasis Ford is hereby awarded Contract #02-25 in the amount of $58,314.46 for three (3) 2003, Special Purpose Utility Vehicles.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1090 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.

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.

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

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

NAYS: None.

ABSENT: Councilman Calogera.

ABSENT PODIUM: Councilwoman Panos.

RESOLUTION NO. 549

DESIGNATING COMMERCE BANK AS A DEPOSITORY

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

that the following bank is hereby designated as legal depository for the Township of Old Bridge for a term ending December 31, 2002:

Commerce Bank

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

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

NAYS: None.

ABSENT: Councilman Calogera.

ABSENT PODIUM: Councilwoman Panos.

RESOLUTION NO. 550

RESOLUTION AUTHORIZING UPGRADE OF POLICE RADIO SYSTEM UNDER STATE CONTRACT #A42364 TO MOTOROLA COMMUNICATIONS

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

WHEREAS, the Township of Old Bridge wishes to upgrade the police radio system, under State Contract #A42364; and

WHEREAS, the Township of Old Bridge wishes to upgrade the Police Radio System - 800 Mhz system from a 4 channel system to a 6 channel system in the amount of $360,102.00; and

WHEREAS, Motorola Communications, 85 Harrison Road, Glen Rock, New Jersey 07452 has been awarded New Jersey State Contract #A42364 to upgrade the police radio system to 800 MHz Smartnet Simulcast 2 channel expansion; and

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

Motorola Communications is hereby awarded the state contract in the amount of $360,102.00 for an upgraded police radio system.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1091 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.

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

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

NAYS: None.

ABSENT: Councilman Calogera.

ABSENT PODIUM: Councilwoman Panos.

RESOLUTION NO. 551

RESOLUTION AUTHORIZING THE AGREEMENT WITH MIDDLESEX COUNTY IMPROVEMENT AUTHORITY TO IMPLEMENT A PAINT RECYCLING PROGRAM

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that: WHEREAS, the County Board of Chosen Freeholders adopted Amendments 1994-1,

1994-2 and 1994-3 to the County's Solid Wasted Management Plan which reassigns the implementation responsibilities to the Middlesex County Improvement Authority (hereinafter the "MCIA"); and

WHEREAS, the County, in conjunction with the MCIA, are undertaking a paint recycling program for the residents of the County; and

WHEREAS, the program will be implemented by the County Division of Solid Waste Management at certain municipal sites in the County; and

WHEREAS, in order to implement the program the County will award a contract with an approved paint recycler/hauler to provide packing containers in which to load, remove and recycle/dispose of paint and paint related products; and

WHEREAS, the Township and the County have agreed to locate a storage container at the Public Works Department; and

WHEREAS, the Township Council wishes to enter into an agreement with the Middlesex County Improvement Authority to implement the aforementioned paint recycling program at the Department of Public Works Yard to be held every second Saturday of every month; and

WHEREAS, the agreement shall be for a twenty-four (24) month period or the duration of the contract between the MCIA and the paint recycler/hauler commencing January 1, 2003.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the agreement be entered into with the Middlesex County Improvement Authority for implementation of a paint recycling program; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk of the Township of Old Bridge are hereby authorized to affix their signatures to any and all documents necessary to effectuate this agreement. The Township Attorney shall review any and all documents relating to this agreement.

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

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

NAYS: None.

ABSENT: Councilman Calogera.

ABSENT PODIUM: Councilwoman Panos.

RESOLUTION NO. 552

RESOLUTION AWARDING CONTRACT #02-28 TO INTERNATIONAL SALT FOR ROAD SALT

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 #02-28 for road salt; and

WHEREAS, the Township Council wishes to award the contract for road salt to International Salt; and

WHEREAS, the Director of Public Works has recommended that a contract be awarded to International Salt of Clarks Summit, Pennsylvania 18411.

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

International Salt is hereby awarded a contract in the amount of $36.64 per ton for road salt in accordance with the specifications advertised therefor.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1093 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 to this contract. The Township Attorney shall review any and all contractual documents.

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.

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

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

NAYS: None.

ABSENT: Councilman Calogera.

ABSENT PODIUM: Councilwoman Panos.

RESOLUTION NO. 553

RESOLUTION AUTHORIZING THE REJECTION OF BID FOR SNOW REMOVAL SERVICES - CONTRACT #02-29

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 opened bids in connection with Snow Removal Services; and

WHEREAS, only one bid was received; and

WHEREAS, the sole bidder supplied insufficient proof of its possession of necessary equipment and specifically failed to provide proof of its possession of a small dump truck and pickup truck needed to clear the majority of the streets in Old Bridge (and, therefore, was deficient in adhering to the bid specs); and

WHEREAS, the Township Council wishes to reject the snow removal services bid/contract #02-29.

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 for Snow Removal is hereby rejected.

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

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

NAYS: None.

ABSENT: Councilman Calogera.

ABSENT PODIUM: Councilwoman Panos.

RESOLUTION NO. 554

RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR CONTRACT # 02-05 FOR DRAINAGE IMPROVEMENTS TO DONALD CIRCLE & DANIEL PLACE

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

WHEREAS, the Township Council of the Township of Old Bridge previously authorized Contract #02-05 with the firm of Pioneer General Contracting Co. Inc., for drainage improvements to Donald Circle and Daniel Place; and

WHEREAS, Pioneer General Contracting Co. has requested Change Order No. 1 to increase the amount of the contract due to changes in the contract quantities.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Change Order No. 1 is hereby authorized as set forth on the attached Change Order.

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

ORIGINAL CONTRACT................................$43,105.35

CHANGE ORDER #1.................................... 2,019.85

NEW TOTAL AUTHORIZED........................$45,125.20

TOTAL AMOUNT OF CHANGE ORDER.....$2,019.85

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

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

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

NAYS: None.

ABSENT: Councilman Calogera.

ABSENT PODIUM: Councilwoman Panos.

RESOLUTION NO. 555

AUTHORIZING SUBORDINATION OF MORTGAGE ON PROPERTY KNOWN AS BLOCK 18059, LOT 23 (19 SUNRISE ROAD - REGINA CALLAGHAN)