A Regular Meeting of the Township Council of the Township of Old Bridge was held on December 9, 2002 in the Municipal Complex. The meeting was called to order at 8:05 p.m. by President Butler.

Moment of Silence.

Councilman Greene request that there be a moment of silence in recognition of the death of Ann Koehler long time resident of Old Bridge and the spouse of George Koehler who has been an active volunteer on various committees within the township.

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, December 16, 2002 at 7:30 p.m.

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

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 November 2002:

DOGS:

3161-3176 119.00
Replacement 3173, 3175 1.00

CATS:

374 10.00

LICENSE:

Wrecker/Tower

Al's Towing Service - 2 licenses 200.00
Emm's Auto Repair 2 Licenses 200.00

Sale of Christmas Tree

#320 Big Top Trees 100.00

Raceway

#321 Raceway Park 500.00

Vending - Amusement $25.00 each

#136-142 Harborside Pub 175.00

Solicitor

D'Ambrosio - Santa 25.00

1,200.00

LIQUOR LICENSE

1209-33-016-006 Tre Fratali Person to Person Transfer 189.20
Trf Application - Country Thyme Restaurant 4.00

193.20

PARKING PERMITS

1522-1603
74 Permits Issued -
6 Voided #'s 1553, 1556, 1575, 1582, 1588, 1589

$1,850.00

BINGO/RAFFLE

RA08-03 St. Ambrose Church 10.00
RA09-03 Southwood PTA N/C
RA10-03 St. Thomas Church 10.00
RA 11-03 St. Thomas Church 10.00
RA 12-03 St. Thomas Church 10.00
RA 13-03 St. Thomas Church 10.00
RA 14 thru 18 -03 St. Ambrose N/C
RA 19-03 St. Bernadette's 50.00
RA 20-03 St. Bernadette's 50.00

150.00

SEARCH

14 -2002 10.00

MISCELLANEOUS

Photocopies - Copies 31.62
Late Fee - DOG 5.00

36.62

Total: $3,569.82

Motion

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

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

NAYS: None.

ABSENT: Councilman Redmond.

Report of the Attorney.

Attorney Ruggierio: Depending on the judge's availability, next week we have a trial scheduled in the Hallock case. This case involves a certain property owner who has purchased the property from a homeowner in the Laurence Harbor/Cliffwood Beach area and looks to subdivide the lot and develop it into a smaller residential lot which the township is resisting. Years ago the township council put a restriction on the property.

With respect to the Lowe's site and Fisher Brothers, there was a dispute concerning the payment of pro rata share. They never paid it. They did work that was not required consistent with the rules that affect the planning and zoning boards approvals. The question that the engineer and I have been trying to deal with the developer is whether or not we could compel the payment at this late date of the pro rata share. You have not released their bonds, but don't know if that would be an effective weapon if we had to use it. We did achieve a settlement which I am prepared to recommend to the council of $37,500 which is taking into account and giving them credit for some of the work that was done on a turning lane that was not necessary for the development of that site. That is my recommendation and leave to your consideration for tonight or a future meeting.

Sometime toward the later part of January or early February, I need the council to give me an opportunity to bring in people for a presentation in connection with the Sommers Brothers matters. This council does not have a good background in that case. We are getting close to a settlement, and I want the council to be "on board" with the philosophy we are approaching that settlement with. I promise to make my hour long presentation entertaining. I was hoping that you could schedule a special meeting. I believe that we should meet at the end of January or the beginning of February.

President Butler: Please try to schedule this for the end of January.

Motion

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

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

NAYS: None.

ABSENT: Councilman Redmond.

Preliminary Public Comments.

Ms. Clavering: Inquired as to the status of the poet laureate ordinance.

Councilman Baker: Mr. Testino suggested that we have several residents review this matter to determine how we should do this. We should have something prior to the first quarter of next year.

Mrs. York: Related traffic statistics of Ferry Road and Rt. 18. In the year 2000, there were 42 accidents; in 2001, there were 44 accidents. This year there have been 39 accidents. I am asking support for the transportation committee. There is a left turn lane that fits approximately 9 cars. Another suggestion is to have the state build a reverse jug handle at the site . This is O&Y property which means that we, along with the county, own this, and there should not be a problem with the state acquiring the property. The left turning lane has got to be extended, but that is not the solution. We need a jughandle.

President Butler: Your committee has been talking about this for quite sometime. Your proposal to us is . . . ?

Mrs. York: I would like you to back us up with a reverse or a regular turning ramp.

President Butler: You said that the township owns land in this area?

Mrs. York: This is O&Y property.

Mayor Cannon: We are aware that there is a problem. We have spoken to the DOT on a number of occasions. The DOT was monitoring this, and the solution is to do the jughandle. We will touch base with them again. Last we spoke, at the beginning of the year they were still monitoring this as to the absolute necessity of doing something.

Councilman Testino: The council addressed this years ago.

President Butler: It is time to revisit that.

Councilman Calogera: Mr. Greene may want to put something on the agenda for the next meeting in support of the transportation committee.

Councilman Greene: Perhaps the township attorney will prepare something, and we can revisit this to get something going.

Guests.

Frank Piccilo and Annette Hopman - Common Grants - Canceled.

Proclamation

Mayor Cannon: There are member of the VFW to accept this proclamation in remembrance of Pearl Harbor.

WHEREAS, on December 7, 1941 the Imperial Japanese Navy and Air Force attacked units of the armed forces stationed at Pearl Harbor, Hawaii; and

WHEREAS, more than 2,000 citizens of the United States were killed, and more than 1,000 citizens of the United States were wounded on the attack on Pearl Harbor; and

WHEREAS, the attack on Pearl Harbor marked the entry of the United States into WWII; and

WHEREAS, the veterans of WWII and all other people of the United States commemorate December 7, in remembrance of the attack on Pearl Harbor; and

WHEREAS, federal legislation designating each December 7 as National Pearl Harbor Remembrance Day was enacted in 1994; and

WHEREAS, commemoration in the Township of Old Bridge of the attack of Pearl Harbor will instill in all people of this community a greater appreciation and understanding of the selfless sacrifice of the individuals who served in the armed forces of the United States during WWII.

NOW, THEREFORE, I, BARBARA CANNON, MAYOR OF THE TOWNSHIP OF OLD BRIDGE do hereby call upon all citizens with appropriate ceremonies and activities and ask these organizations, groups and individuals to fly the flag of the United States of America at half staff each December 7 in honor of the individuals who died in the attack on Pearl Harbor.

Accepting on behalf of the VFW were Tom Jackson and Bob Bozian.

Certificates of Appreciation for Sponsors of the Old Bridge Fair.

Mayor Cannon: The success of the fair is due in large part to the support from the community. I want to give a thank you to Diane Amabile who runs the fair from start to finish. There are a lot of volunteers who help her also, but Diane reaches out for the support that we receive. I give her a special thank you.

Certificates were presented to:

Model Sporting Goods, Galant Construction, Oasis Auto Center, Arbe Landscaping, FOP Lodge No. 22, Heilbrunn Law Firm, Tower Deli, Home Depot ,WaWa, Raritan Bay Medical Center, Apruzzessee, McDermott

RESOLUTION NO. 578

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 December 9, 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 December 9, 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 $7,759,107.26 (Accounts Payable).

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

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

NAYS: None.

RESOLUTION NO. 579

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 December 9, 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 December 9, 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 $721,485.39 (Payroll).

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

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

NAYS: None.

RESOLUTION NO. 580 Denied

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 December 9, 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 December 9, 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 $38,194.74 (Overtime).

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

AYES: Councilmen Baker, Redmond, President Butler.

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

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

Councilman Calogera: Was the ice arena open on Thanksgiving? We show overtime for an employee's regular day off. We are paying him eight hours plus eight hours overtime for the holiday. What is the participation in the arena on Thanksgiving Day?

Mayor Cannon: The area is open on Friday (after Thanksgiving).

Councilman Calogera: This is for the 28^th which was Thanksgiving, and the 29^th which was not. Why are we paying someone eight hours plus eight hours overtime.

Mayor Cannon: Tom (Badcock) will check into it.

Councilwoman Panos: I have requested the rank be placed next to the police officer's name (on the overtime bill list). What is "other" on the other lines?

Ms. Shepler: We had received a letter from the Chief of which I gave a copy to council. The letter stated that it is too difficult to explain because this encompasses eighteen or nineteen different categories which are not covered under regular business. To determine what the "other" might be, we would have to get the actual sheets from the police department. These sheets are signed by the officers in charge, and there is no reason to believe that these are not valid charges.

Councilwoman Panos: I would like a copy of the list?

Ms. Shepler: I would be happy to send it out again.

Councilman Hoff: We have a lot of overtime, and I am surprised to see that most of the overtime is listed for superior officers within the police department. There has to be an answer to this - whether we have to get off the 4/4 system or another system of deciding who gets the time off. The payroll for the police department is astronomical, and it should be cut down. Whether this means hiring new police officers or rescheduling activities or going to another time schedule deserves our immediate attention.

Mayor Cannon: The overtime has decreased in the last month because one of the individuals has come back on light duty. We have all agreed that the 4/4 is an unworkable schedule, and we have tried to negotiate it out of the contract several years ago, but the Chief did not support it. We heard you loud and clear, and this is certainly on the table. Our labor attorney has told us that this will result in having to pay money for this.

Councilman Hoff: Maybe we have to give something back to get it. We are getting further and further behind with the overtime.

Councilman Testino: I ask that we direct administration to negotiate on the officer in charge of the desk in the next round of negotiations.

Ms. Shepler: The assignment to the OIC is the responsibility of the Chief of Police who controls the day-to-day activities of all police officers. It is not an item of negotiation, but rather a matter of assignment, and traditionally, the OIC has always been a lieutenant. If the Chief decided tomorrow he wanted to put a patrol officer in there, other than a past practice grievance, it would be up to the Chief's discretion.

Councilman Calogera: This is something that I have brought up. I believe that the police department administration is out of control. Whether it is binding or not, I believe that this council should send them a resolution directing them to try to keep overtime down. We have support on the council to decrease overtime.

Councilman Redmond: Didn't we just have a meeting where we discussed this, and we were told that there was an offer to do away with the lieutenant on the desk?

Ms. Shepler: Another form of compensation for the superior officers was discussed. This was an entire proposal for additional compensation for the members of the superior officers association which is a bargaining item.

Councilman Redmond: The lieutenant on the desk is not a negotiated item, but something the Chief decides?

Ms. Shepler: It is a part of what has been the assignment of a lieutenant. However, we have an acting lieutenant. When a lieutenant was out, the Chief decided he wanted another lieutenant because this would save overtime, so he named a sergeant "acting lieutenant". It is contractual . . . the "working up" where if a lieutenant was off, a sergeant to could work up. That is contractual.

Councilman Calogera: What is not contractual is the actual assignment of who is behind the desk.

Ms. Shepler: Mr. Ruggierio can do a better job of explaining this.

Councilman Redmond: I am not without experience with labor negotiations. If you have a particular employee who has been doing a job, and then he cannot come in for some reason . . . I don't think it is that easy to say that today we are not going to use a lieutenant, we are going to use a sergeant. I would like to see that happen. Maybe I misunderstood our labor council because I did not get that read from that whole speech he gave us.

Mayor Cannon: It would allow a sergeant to work up in a lieutenant's place. That was their proposal.

Councilman Redmond: What you are saying is that the Chief could let a sergeant work up.

Mayor Cannon: No, he could theoretically assign all sergeants to the OIC.

Councilman Calogera: It is up to him to make the assignment. If that is the case, why is the Chief of Police costing this town an enormous of money?

Attorney Ruggierio: I cannot answer that question, but I think that there is something important for the council to appreciate about the division between the police chief's rights under the statute to run the day to day operations of the police department and the implications that this may have on your contracts. It has certainly been well established in this town by years of litigation that the police chief's right of assignment can result in costs to the town that you cannot do anything about. You don't really accept in the setting of broad policy. You have no rights over the police chief's assignment of officers for different jobs. Council needs to understand that when a job is traditionally done by a certain rank, you can anticipate that when you seek to change it, you are likely to get a claim that would have some merit by the lieutenants that their traditional role is being disrupted.

This is the concept of a "past practice" where something has traditionally become part of a contract that it becomes hard to interrupt it. I am not making an absolute ruling on that, but am trying to give you a red flag about this that this would be the first thing that would I think of if you had a cooperative police chief who would try to keep the costs down by assigning a sergeant to do these duties. The next thing that you could anticipate would be that lieutenants would be making these challenges and at least my initial impression is that they would have a valid claim under the collective bargaining contract. You do have to negotiate.

Councilman Calogera: Has that even been tried by this police chief to save the taxpayers' money by changing the classification of the desk to encompass sergeants?

Attorney Ruggierio: I am not aware that this has been tried but those types of questions are more appropriately directed to the Chief because he could tell you what his thinking is as to why a lieutenant is more appropriate to have that job. We are not police experts; there may indeed be a reason for that in the way he has the police department organized. It may be completely frivolous, but I doubt that. It may be that the Chief is going to tell you his reasons for doing so.

Mayor Cannon: The table of organization adopted by council was the one that was proposed by the Chief of Police. I assume that all of this as been thought out.

Councilman Greene: I think that the employees have got to understand that it is no longer business as usual, and I believe that we have to take a firm stance. Mr. Maher put together statistics that indicate that as of the end of November 24 employees have made over $100,000. That number is 15% of the township employees. We have an additional 22 who have made over $90,000. The taxpayers bear the burden of this. I am formally calling for a hiring freeze and a wage freeze until a message gets through. This can be done. I have seen uniformed employees as well as non-uniformed employees of the City of New York accept contracts with up-front, no salary increases for two years. If you think that I am going to stand back and let this overtime go on as it has, I am not. It is an absolute disgrace! If you think that I am going to accept it by saying that it is in the contract, I don't accept that either. Something has to be done.

Motion

to institute a wage and hiring freeze (including a freeze on filling existing vacancies) made by Councilman Greene, seconded by Councilman Maher and so ordered on the following roll call vote:

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

NAYS: Councilmen Baker, Calogera.

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

Councilman Maher: Since I tee'd this up last week at our agenda meeting, it appears that we have council support for this run away overtime. Through the end of November there were employees in the township making $168,000. When there is over 10% of the workforce making $100,000 or more, something is wrong. It appears that we have unanimous support. We are trying to balance the mayor's budget, and I support Mr. Greene with respect to a hiring freeze and a wage freeze. I also want to put a freeze on all vacant positions in the township.

Mayor Cannon: A freeze has already been instituted. There are two positions that have not been filled. We are not filling any positions at this time. Administration has instituted a freeze. This administration and the council at the time which instituted an eighteen month seven or eight years ago. It is wonderful that the council is recognizing the amount of overtime that has been discussed for several years. I think that with their influence and the fact that they have the

the "ear" of the Chief of Police . . . Some of the overtime is due to assignments. When there were assignments at the beach, there was a great deal of overtime. After September 1 when the contract with the county indicated that he could staff the beach as he saw fit and that the numbers were flexible, and we still had three or four people assigned to the beach which caused considerable overtime. I would hope that you would make this loud and clear. There is room within this contract to reduce the overtime considerably.

Point of Law.

Attorney Ruggierio: I want the council to be aware that the only way that they can "freeze" positions is either to eliminate specific positions or reduce appropriations with respect to specific positions. The decision of whether to hire or not is under the Mayor and her administration, and council can do nothing by this vote other than state your opinion. I don't want you to think that you pass a resolution and suddenly it is law.

Councilman Testino: If those positions are filled after this date, we are not going to be responsible for those employees having to leave on a termination notice.

Councilman Baker: It seems like there is a department missing when we have these discussions. It would be more valuable if we have a representative of the police department to answer our questions. I suggest that we vote for this overtime that we have already paid.

Councilwoman Panos: I want the listing on the overtime. We have to negotiate a past practice into the contract even though it is not in the contract?

Attorney Ruggierio: The doctrine of past practices is that for those gray areas that fall within a labor contract, there are traditions that build up and become part of the contract. There are ways of terminating past practices that either are required to be negotiated out of the contract, or at the commencement of a new contract, you can make a declaration that you don't intend to follow that past practice any more. Those are the two ways that you can eliminate the past practices, and we usually do this in close consultation with the labor counsel. If you do the latter you create labor strife. The answer is that we don't negotiate them; they just become part of the contract because of the way the contract may have been administered.

Councilwoman Panos: I definitely want the option No. 2. I want the past practice written out. I want the council to back up the administration to push and let's cut the overtime.

Councilman Hoff: I am happy that the Mayor agrees with the council. I think that we have to pick on more than the police department. We have other departments that are running rampant. I support the hiring freeze, the wage freeze and if the Mayor should choose to appoint people or give raises above the council's wishes, then we should abolish the position then. I don't think the Mayor has the right to do what she wants. We control the budget and the expenditures. I support Mr. Greene's motion.

Mayor Cannon: The majority of increases are controlled through union negotiations. You should know that we are in negotiations with all unions because all contracts were up as of July 30. As for non-union employees I only give raises based on what the unions do. I am not going anywhere, and I find it hypocritical for certain members of this council who fought to try to add positions to the police department over the last couple of years to now cut everything to a standstill.

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

Councilman Testino: I request a list of all vacant positions in effect as of today, December 9, 2002.

Liquor License. Tabled

Person to person transfer of plenary consumption license from NJ Wines & Spirits, Inc. to Breakfast Club 80, L.L.C. No. 1209-33-025-003.

Councilman Baker: I have not had a chance to review the package.

President Butler: Mr. Serdinsky is here tonight. Perhaps he can answer our questions.

Councilman Calogera: The existing use was a restaurant? How does this affect this application?

Mr. Serdinsky: When this application came before code enforcement, it had already been before the council. We did not respond to the Clerk's request for additional information at that time because we did not have an architectural plan before us for commentary. Once received, it was noticed that the kitchen had been removed; that the dining area had been vacated and (the premises) appeared to be a dance hall. There was an occupancy load for 839 people which is a BOCA capacity number. This sent up a red flare. We responded that this appeared to be a dance hall which is not a permitted use in the CC zone. We requested that this matter go before the zoning board of adjustment for a use variance.

After discussing this with council, the applicant made the decision to revert back to a restaurant so that it would be a permitted use in that zone.

Councilman Calogera: I have the plans and have reviewed the layout of the kitchen and the equipment for use. I don't see how this has been fitted back into a restaurant.

Mr. Serdinsky: I have letters from their attorney wherein he states clearly that this is reverting back to a restaurant. While I may agree with you on the size of the equipment. I don't feel comfortable discriminating on the use of the equipment when I have a letter saying that this is going to be a restaurant.

Councilman Calogera: I am familiar with all the equipment, and these are not pizza ovens. This equipment is not sufficient for the volume. I believe that the equipment is not adequate for a long-term, full type of restaurant. What is there are microwaves and quick type items like food in a bar for snacking. The menu reflects that and the lay out of the kitchen and equipment. Unless I am missing something, the kitchen that was taken out has not been replaced with comparable restaurant equipment that could handle a restaurant menu.

Mr. Serdinsky: Several tables were installed in the area previously vacated for a dance floor.

Councilman Calogera: Are they bolted into the ground?

Mr. Serdinsky: They are proposed on the plan. I understand your point.

Councilman Redmond: Does the ordinance require them to be bolted?

Mr. Serdinsky: No. Most tables are movable.

Councilman Greene: I try to be business friendly, but my concern is the parking. I disagree that this is a restaurant. It appears that there will be a bar and the patrons will be able to purchase snacks. The unit planned for pizza cooking bakes up to fourteen, twelve inch pre-blanched pizzas per hour which is not recommend for use with fresh pizza dough. I don't see a patron buying pizza. Another item listed is a warmer for chili and nachos. There is a counter for making sandwiches. There are four sandwiches available and hot dogs. There is also a list of appetizers. You have to show me that the people that you want to attract are not going to be an overburden to the business owners, the temple or the residents who live there. I want to be sure that there is enough parking. Suppose we find out later on that the patrons are parking all over. Can we do something then?

Mr. Serdinsky: I refer that to Mr. Ruggierio as to whether the liquor license could be revoked for giving fraudulent information.

Councilman Greene: As a pre-condition I would like something in the license approval that the owner agrees that he will take every measure possible to be sure that the parking is not a problem once the business opens.

Mr. Serdinsky: We had requested documentation of cross parking agreements with the school and the temple. The applicant was going to have such an agreement. We asked for that in writing to be expressly brought before the council for their consent. It is in my memo.

Councilman Greene: Was that given to me tonight?

Mr. Serdinsky: Yes.

Councilman Greene: I don't have it.

Mr. Serdinsky: It was given to you weeks ago. We have yet to see that in writing, but that is basically because they have reverted, in their opinion, to a restaurant with a bar. The bar is a permitted use; the restaurant with a bar is a permitted use. They have deferred to the degree that the seating they have by our ordinance standards is compatible, but I sense that the council does not believe that.

Councilman Greene: We are just trying to get additional information.

Mr. Serdinsky: If it does transpire to become a dance hall and the tables are removed, and the use transcends to a dance hall, we would be happy to issue summonses for violation of the municipal land use ordinance because a dance hall is not a permitted use in that zone. That would take six months to a year to resolve.

Attorney Ruggierio: If that were the case, the outcome would be more serious. The council would take action with respect to the liquor license. I am sure that if this applicant had originally come to the council with an application to continue the existing use, we would not be having this discussion, but the skepticism and the concern comes from the fact that obviously there was a different intention initially. The council can put reasonable conditions on a liquor license. Maybe the size of the kitchen is something that you could look at if that was of concern. Since a bar or a bar with a restaurant, we have concern to act reasonably and that as long as we are focusing on the zoning issues that these types of uses would be permitted, that is not to say that you cannot put strict conditions on the license that made it clear to the applicant that they risk the liquor license.

Councilman Hoff: Have they applied for a building permit each time the changes were made?

Mr. Serdinsky: Yes.

Councilman Hoff: Do they have a building permit to change back?

Mr. Serdinsky: Applied for, but not as yet issued.

Councilman Hoff: We have denied liquor licenses, and the state has overruled us. What bothers me is the fact that this was to be a dance hall; there were a lot of objections; now it is back to a restaurant. I don't know what we are going to get. I want to be sure that they file for permits and pay for the application for a dance hall and pay for the permit to change it back to a restaurant. I believe that before they make one change, the action should have been denied or approved as changed. The place before was a reasonable restaurant; this use is not an improved use, and I don't like it.

Mr. Serdinsky: They never applied for a dance hall; they applied for a night club. I prejudiced it and said it was not a night club. Their plans have been amended and are being scrutinized by our staff.

Mr. Heilbrunn: The revisions submitted to the township may not have been reviewed by all, and I apologize. It was to have been prepared and submitted on Thursday, but because of the weather, it did not get here. I don't want the council to vote on this tonight unless you all believe that you have had adequate time to review this. The property in question is the former home of Mickey McGuire's Pub, previously Fritzy's, and before that it was the Circle Inn. The use that is proposed for this site have been the uses that occurred on that site. It is located in a CN neighborhood commercial zone, and permitted used are restaurants, drinking places (alcoholic beverages) and liquor package stores.

This is a transfer of a liquor license person to person. It is true that the application was presented on the wrong footings. I don't believe that this was Mr. Van Leeuwen's fault. Based on BOCA requirements the building could house 800 plus people. That is not the test under your ordinance but rather the test on your ordinance refers to parking which is one parking space for every two bar seats; one parking space for every three chairs around a table. Based upon that and based upon the sixty-seven parking spaces that exist on the site, Mr. Van Leeuwen has had his architect revise the seating at the bar and the number of tables and their configuration so that this is a totally conforming plan to the number of parking spaces that exist on the site. Given the historical nature of the use of the site for the sale of liquor products as originally a go-go bar, etc., the use that Mr. Van Leeuwen is proposing is consistent with the past uses. I understand the difficulties in terminating licenses, but the state statute and the ordinances are clear that violations of ordinance requirements may result in the suspension and the revocation of a license. You have the power to do that on five days' notice pursuant to Section 6-6(a) and (b) of your municipal ordinances, and you have that power under the regulations issued by the Division of Alcoholic Beverage Control implemented by the appropriate state statutes.

Mr. Van Leeuwen understands that should this license be granted, he is not running a dance hall. He is running a sports bar serving finger foods. There is nothing within your ordinance or within the state statute that gives the council the right to say they don't like the way the kitchen is laid our or the proposed menu. The applicant is a person of good moral turpitude, has not been convicted of a crime or not been charged with a crime. He has met all of the other standards set out in the ordinance and in the statutes. He is entitled to take his shot of running a business in Old Bridge. I would like all of you to review that which we have submitted to you. This gentlemen is a college graduate and has the funds necessary to run this business.

Councilman Greene: I wish the applicant success, but I feel that I would be negligent voting for this and not addressing the parking. We had a township employee indicate that he thought something was in the works or he made recommendations. Can I get anything from you or the applicant indicating that you will do whatever you can to be sure that there is never a problem with parking. If he is successful, he may get that 70^th car, and I want to know where this is going to go, and I want to know how you are going to work that out. I want to feel better about voting on this.

Attorney Ruggierio: You could condition the license to say that whatever the maximum of number of spaces were that the parking would not exceed that on the lot; that there would not be parking in undesignated areas, and that there would be no parking in neighbors lots without permission, and that those conditions would be enforceable as against the applicant, and he would have the obligation to enforce them. I realize that there are practical problem parking in neighbors lots. You would wonder what kind of enforcement he might have, but I think he might be able to stop people from coming into the facility if it were clear that they were coming from other parking areas.

Mr. Heilbrunn: That is agreeable with the applicant.

Councilman Calogera: Previously you stated that you were doing an "80's" theme.

Mr. Van Leeuwen: I expect the age group to be from 28 to 44.

Councilman Calogera: Are you going to be open to clientele from all over?

Mr. Van Leeuwen: The target group is from this area.

Councilman Calogera: You anticipate that these people will come from Middlesex County? This area is zoned neighborhood commercial; is that not supposed to be not bringing in traffic from outside of our town?

Mr. Vincenti: I am not aware of that.

Mr. Serdinsky: I believe that there is nothing in the ordinance that states the target area for the traffic. It is to serve the neighborhood community; and it might just do that. As far as having room for 67 parking spaces, I don't think this will be a big impact on the town. Home Depot accommodates hundreds.

Councilwoman Panos: Are you to have one spot for every two people?

Mr. Serdinsky: One parking space per two bar seats is the quotient, and one parking space per three table seats is the requirement.

Councilwoman Panos: This is so on the line. He has exactly 182 seats. He broke this down to how many seats and how many tables. From your original application you reduced your projected clientele by 75%?

Mr. Van Leeuwen: I did not know what the previous occupancy was.

Councilwoman Panos: You had hopes of starting a business with occupancy of 829.

Mr. Serdinsky: That is the BOCA capacity for the building.

Councilwoman Panos: I was skeptical that he was reducing his projected clientele by 75%. I am unclear about certain things. I make a motion to table this.

RESOLUTION NO. 581 Tabled

AUTHORIZING A PERSON TO PERSON TRANSFER OF PLENARY RETAIL CONSUMPTION LICENSE NO. 1209-33-025-004 FROM N. J. WINES AND SPIRITS, INC. T/A N.J. WINE AND SPIRITS TO BREAKFAST CLUB 80, L.L.C.

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

WHEREAS, application has been filed for a person to person transfer of Plenary Retail Consumption License #1209-33-025-004; heretofore issued to NJ WINES AND SPIRITS, INC., T/A N.J. WINE AND SPIRITS to BREAKFAST CLUB 80, .L.C. for premises located at 292 ROUTE 516,Old Bridge, Old Bridge Township, New Jersey; and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and

WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33;

WHEREAS, the applicant has disclosed and the township authorities have reviewed the source of all funds used in the purchase of the license and the licensed business, and all additional financing obtained in connection with the licensed business;

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge does hereby approve the person-to-person transfer of the Plenary Consumption License #1209-33-025-004 effective and does hereby direct the Township Clerk to endorse the license certificate to the new ownership as follows: "This license, subject to all of its terms and conditions, is hereby transferred to BREAKFAST CLUB 80, L.L.C. effective ______"

BE IT FURTHER RESOLVED that said license is hereby conditioned that no go-go dancing be allowed.

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

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

NAYS: Councilmen Hoff, Redmond.

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

Mr. Heilbrunn: For when will this be rescheduled?

President Butler: We don't have a schedule of meetings for January yet.

Mr. Heilbrunn: I would be happy to answer any council questions before hand.

Councilman Maher: Is there a deadline with respect to the closing on the property.

Mr. Van Leeuwen: I am ready to close tomorrow.

Mr. Heilbrunn: Mr. Van Leeuwen is currently paying rent on a building which he cannot occupy.

President Butler: When we vote on the schedule, we will get back to you.

SFY 2002-2003 Budget Amendments.

Mr. Shah: I gave you a memo covering the items listed on the amendments. Attached to that is a synopsis of the amendments and the resolution required to introduce the amendment. You indicated that you would like to adopt the budget by the end of the year. The schedule is that you have to introduce today for advertising this week. The pubic hearing can be held on Monday, January 13 and the budget can be adopted. I received no requests for an amendment from council members on Friday. We have listed the items that require amendments including the extraordinary aid in the amount of $200,000. There are several items that we need to amend. There are certain items that we had postponed when we introduced the budget. We decided that we are going to make a decision that includes three positions: the assessor's office, the arena, and the animal control officers. You anticipated half of the animal control officer's salary as part of this budget adoption. If you do not adopt, I need you to introduce a temporary emergency appropriation to cover the salary starting in January.

Certain line items as recommended by the State must be itemized, i.e., the deferred charge - those are simply moving the item. There is a grant that we received subsequent to the introduction of the budget. Those are the major changes. When we discussed the budget last week, I mentioned to you that we might need funding for the down payment. In speaking to the bond counsel we are trying to finalize whether the county grant we received for Cedar Ridge can be used for the down payment. If not, we will have to tap into the open space trust fund for the down payment. We won't need an additional $150,000 for the down payment.

Councilman Redmond: I have been working with the county as to how they work their open space trust fund. You can use that money ($2 million) for a down payment. The DLGS (the "Division") is more than willing to waive down payments.

Mr. Shah: They cannot arbitrarily waive (a down payment). You have to file an application. We did not include $150,000 in this amendment for that reason. We received word last Monday from the Teamsters about the increase in the rate - 30% - 35%. We received a letter today with the rates starting in January. The average is 25%. Since we had budgeted a 15% increase for the entire year, we have sufficient funds to cover this fiscal year and we don't need an additional increase for insurance. That has been avoided in this budget amendment. The budget amendment calls for housekeeping, the JIF increase, and the other items included in the budget that we need to do including putting back the salary for the open positions and adjusting the revenue for the school lease purchase.

Those are the items that are included in this amendment. The tax rate remains at .75/100 as it was introduced. If you have any questions or any other recommendations, let's discuss them. If you wish to adopt the budget, and December 23 is not an option for a meeting, we have to introduce the amendments for adoption on January 13. Otherwise, you will have to carry it over to 2003.

Councilman Maher: Since I have only seen this tonight, I have not had an opportunity to review these amendments. I would like to table this so that we can review this.

Mr. Shah: Understand that you will not have an adoption this year. I could not produce this documents because I was waiting for information from council.

Motion

to table the proposed amendments to the SFY 2002-2003 Budget made by Councilman Maher, seconded by Councilman Hoff and so ordered on the following roll call vote:

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

NAYS: Councilman Greene, Councilwoman Panos.

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

Mayor Cannon: I want to remind council that if you don't complete the budget this year, it goes into January. You have to have both readings of the ordinance in this year. If you don't have a meeting on December 23, you have to do the whole thing in January.

Councilman Hoff: We have questions in December.

Mayor Cannon: I don't want to be critical of the processing going on for so long, but you were told last Monday that if there were any amendments to this budget to please get them in before Friday. As of today there were amendments offered. It was laid out in a memo that Himanshu Shah gave to you a week or two ago as to what the amendments were going to be or what dollars we needed to add as a result of the JIF increase and some other expenses. You have all the information here.

I think that it is inefficient and inappropriate to run a township on a temporary budget from month to month. We are six months into the budget. We cannot continue to operate this way. It makes no sense and gives you no options if you are looking to cut operating costs. You have nothing left. You have already spent seven months of the budget this year. It gives you little or no control over what is going on in this town. You are running this year's expenses with last year's budget. The information here was given to you well over a week ago. Himanshu has been keeping you informed as to what the additions needed to be. The information regarding the proposed possibility of an increase with the health insurance was given to you when we received it. There are no surprises.

Councilman Testino: We have gotten a lot of information in less than two weeks. We have information from the State about how much money we are going to get; we have information about the JIF and the health insurance. I think it would be foolish to believe that the council is acting inappropriately to take the time to consider the picture that has now been painted for us. I suggest to you that based on the council resolution tonight that I intend to move an amendment that would eliminate all vacant positions from the budget as soon as they are made known to me. That amendment could not be done tonight unless the information was before the council. We are going to do another amendment which would prohibit the council from adopting the budget if I got support for that before the end of the year. That is why I voted to await the additional information from the council, although I would prefer to have completed the process before we went into the New Year. I have been down this road before, and I think that the decision is to get the additional information to see if we can save the taxpayers a few dollars in their own pockets because of the hardships they are facing not only with the municipal budget, but with the school budget and the county budget all facing increases this year and the skyrocketing total rate, it deserves a second look. I know that Mr. Butler was anxious to adopt the budget, and Mr. Maher and I always want to finish that in the same year. It seems impossible, and I seek Dennis' support on that.

Councilman Greene: I agree with what Mayor Cannon has said. I have no problem with the amendment proposed by Mr. Testino, but we did have these amendments for a week or two. I want to caution you because the township was in jeopardy of having its bond rating reduced. These companies are looking carefully at the Township of Old Bridge. Whatever steps we take is going to determine what Moody's will do. They may change our bond rating within ninety days. By our joining together and adopting the budget as soon as possible will have an impact. I would support not going into January, and support having a special council meeting to wrap this up by the end of the year. I think that we have most of all the things that we need to vote on, and we have the amendments from Mr. Shah, and we will consider the amendment on the vacancies. It is important that we get our act together and get this budget adopted in a timely fashion.

Councilman Redmond: I agree that we need to do this. I agree with Mr. Testino; I have spoken at length with Mr. Maher about council ideas about this budget. I made half dozen phone calls to find out about the down payments on the bonds. We could use the entire $2 million from the county as leverage. I am not asking you to do that. I found out that the state is willing to waive these things if an application is filed. If we are all a part of this process, and you had that information, why not give it to us?

Mr. Shah: That is exactly what I indicated.

Councilman Redmond: That was time that I could have done doing something else.

Mr. Shah: All you needed to do was to place a phone call to my office, and we would have followed up. We have been calling about this.

Councilman Redmond: I did not know that was an option. I found that out from the state, and you already knew it.

Mr. Shah: They have not distributed that information to all of us. We were making the same attempts. If you don't call us, and you are calling others, how would I know. You have to communicate through my office. You make unnecessary accusations. As soon as I need help, I call upon you. You feel that there is some behind the scenes information.

Mayor Cannon: We are paying a bond counsel which you appointed to get us the information, and that is who Himanshu makes his inquiries to.

Councilman Maher: As a reminder the budget process is a difficult one. We started the process in July. This budget has been a very difficult budget. We are facing a 19% municipal tax increase. The rate was .63 last year; this year the rate is .75, a 19% increase. I don't see the problem with Himanshu. I commended you on the December 9 memo. You put the amendment in chronological order. I support Mr. Testino's amendment. We are putting a freeze on the vacancies. We will take them out of the budget; I know those positions are in the budget. If they are, we will take them out of the budget. We are freezing vacant positions. I don't see a race in adopting this budget. There are other towns that are on a state fiscal year budget that have not adopted their budget as of this moment. I have no problem going to January to finding additional cuts to a difficult budget. We need to find additional cuts saving the residents of Old Bridge some money. We are faced with a significant tax increase. I am going to roll up my sleeves and work more than full time in trying to find additional cuts in increased revenues and finding where expenditures have been overstated. That is what my task is working more than full time over the next month.

Mayor Cannon: I agree that this is a very difficult budget, and it something that we have been dealing with since early this year. You have had this budget since July. There may be additional increases in January. Your job may be harder. I think that it is difficult to run a township in this fashion and just because others have delayed this, this has been a model. I want to comment Councilmen Butler and Greene for pleading our case so that our bond rating does not drop. It is time that we deal with this. If our bond rating goes down, we will not be able to sell our bonds. We got very poor discretionary aid; Woodbridge and Edison who have twice the amount of surplus that we continually add positions to their staff. The governor's office gave them $750,000 and barely eked out $200,000 for Old Bridge and only when President Butler went down were we able to get the additional $100,000. We were shortchanged. It was not discretionary aid; it was arbitrary and capricious aid that was given out. We have not asked for aid in ten years. South Amboy received fifteen years of discretionary aid, and they received $900,000 on an $18 million budget. The aid package is an absolute sham as far as what happened this year. Whatever we can do to assist you, we will. You cannot keep delaying a process; we need to be working with a real budget and not numbers based on last year's budget.

Councilman Testino: Can I take the Mayor up on some of the assistance she is willing to offer? Can I get a report on where the new ratables are as of December 9? I understand that GlobeSpan is no longer getting the pilot agreement, and I heard right, that building was sold. If so, it is now taxable with a worth of $30 to $40 million. That would be a very important piece of information if that meant a three or four cent swing in the budget. Did you have that information before tonight, Dennis?

Mr. Shah: We don't have the information that it has been sold.

Councilman Testino: That building now becomes taxable.

Mr. Shah: We will inquire about it.

Councilman Testino: Where does the tax appeal account stand? Don't we have ongoing monies either in reserve or incoming from tax appeals?

Mr. Shah: We have that information. We have a very small reserve.

Councilman Testino: In the past we received money from that account.

Mr. Shah: We used a major portion of that a few years back. The tax appeals does not appear until April.

Attorney Ruggierio: Harry Haushalter controls that.

Councilman Testino: Please check with him to determine if we are expecting any windfalls in that regard as in the past? If I had those two answers, I might be better ready to move the budget by the end of the month.

Councilwoman Panos: We have had this budget since the summer. This is grandstanding at the last minute, and everyone is going to take credit for trying to get this money . . . .I know in our heart we all have the concern of saving that buck, but it is late now. No one trusts anyone. Now it's like we are going to put an ordinance so that we don't hire anyone. We know that we cannot afford to hire anyone. Now we have to hold off the approval of the budget because we have to make it an ordinance, and someone else is talking to the state. So what. Call Himanshu when things get really bad, and our bond rating is on the verge of being demoted, what happens when people work together. You had Reggie and Rich on the phone working together sort of saves our neck a little bit. The grandstanding of who is going to do this . . . .Ed, did you ever want to share Globespan with anyone?

Councilman Testino: I was going to ask the question when we got back to the meeting, but everyone keeps pressing to adopt tonight. You are not giving us the opportunity to ask the questions when we get off the dais, so I have to ask them here.

Councilwoman Panos: Make a phone call. Have Larry make a phone call; he is making phone calls all over the state.

Councilman Testino: As far as I know GlobeSpan went out of business.

Councilwoman Panos: We all e-mail each other. Himanshu keeps us on top. E-mail that question. We will all jump on the . . .

Councilman Redmond: We get the Himanshu and Barbara "Gloom and Doom Review".

Councilwoman Panos: Just because they care enough to communicate, that does not mean that we cannot join the bandwagon. The latest e-mail was directly from Moody's. Did you get an e-mail from Himanshu directly copied from Moody's . Could we stop grandstanding and start working together as Mr. Greene and Mr. Butler did? Stop pulling up the surprises. It is wonderful to have this on television tonight, but we are still not getting the budget by the end of the year, and Moody's is going to look at us for the next 90 days. I would love to see how we are going to get this done at the combined meetings in January.

Councilman Baker: I am nor sure if this is grandstanding, but the person who walks home and gets on a bus every day pays too much taxes in Old Bridge, and if we have to wait a week or a week and one-half, and I get called different names, and we can lower the tax rate in Old Bridge, I say let's grandstand; let's delay; let's do every possible thing we can do; let's campaign; let's change the councilmen, but let's lower the taxes in Old Bridge.

Councilwoman Panos: We have had the budget since July.

Councilman Baker: Do you want to vote to accept the budget now?

Councilwoman Panos: You are in such a rush to get things done all the time, Mr. Baker, did you do anything with the budget since July? Have you come up with any cuts since July?

Councilman Baker: I think we can lower it.

Councilman Maher: What is the maximum amount (the reserve portion) for the delinquent taxes that we can use in this budget?

Mr. Shah: Are you referring to delinquent tax receipts? We are using the max. There is a very thin margin left.

Councilman Maher: What about planning in advance - a delinquent tax sale?

Mr. Shah: Our collection rate is at 99%. We are not going to generate anything greater than 99%. You are dealing with last year's collection rate. That would have been in May or June. This coming May and June, that does not change anything for this year's budget. I don't recommend that because once you get into the advanced tax sale, you cannot get out of it because you are stuck with it and have to continue to maintain it. That vehicle was for the towns were the collection rate was 80% - 90%.

Councilman Maher: We are at the maximum amount of the reserve for delinquent taxes? We are using every penny?

Mr. Shah: The reason we were working very hard for introduction and adoption is that council president and I had a discussion, and he wanted to have the budget adopted before the year end. That was the goal he set, and we were working to the marching order given by the council. You should carefully review the bond rating analysis that gives you directions. There is a message from them.

Councilman Greene: One of the things that the rating agencies singled out was the fund balance or reserve. Whatever this council does, they had better take their pencils to the paper and make sure that ultimately it does not affect the reserve. We have to take steps to increase it. That is what the rating agencies want us to do. We have $1.1 million, and if we decide to tweak a revenue or an expenditure item, we have to be sure that we don't affect the fund balance; we should be looking for ways to increase it so that we can come out of this budget and enter next year on a positive note.

President Butler: The bond rating is very serious. They looked at our fund balance, and they want a rosier picture as to what we are doing in the future. The Mayor, Alayne Shepler, Mr. Greene, Scott and I did a good job. That is what we need to do to keep on track regarding what we need to do. It is important for us to think about raising the fund balance. That is what they look at. We need to do that. We have three different salaries from three different departments that we have to do between now and December 16.

Mr. Shah: We have to adopt an emergency appropriation. We anticipate six months of salary, and that is included in this amendment. You have to make decisions, i.e., are you going to fund this salary? We need direction.

President Butler: I would like to fund those salaries tonight.

Motion

to fund for one month salaries for the two animal control officers, one ice arena employee and one employee in the tax assessor's office moved by President Butler, seconded by Councilman Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilwoman Panos.

Hearing.

WaWa, Inc. (Rt. 18 and Maple Street) release/reduction performance guarantee.

Mr. Vincenti: We are currently holding a performance guarantee in the amount of $458,244 and 10% cash - $50,916. All the site work improvements have been done and inspected. We are recommending a release of the performance guarantee and cash subject to posting of the maintenance bond for a two-year period in the amount of $76,374 and submission of a final letter of compliance from Freehold Soil Conservation District.

President Butler: We are waiting for a letter from the Freehold Soil.

Councilwoman Panos: When you are coming out of WaWa on to Maple Street, I wish something could be done with the trees on the property. Left-hand turns are difficult.

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

Motion

to release the performance guarantee of WaWa, Inc. subject to the posting of a two-year maintenance bond ($76,374) and a letter of release from the Freehold Soil Conservation District 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.

Lowe's release/reduction performance guarantee.

Mr. Vincenti: We gave letter requesting deferral because of outstanding punch list items. The attorney reported to the council on the outstanding pro rata on this. I ask for direction from the council with respect to the offer on the table from Fisher Brothers with respect to the pro rata contributions.

Councilman Testino: I thought the homeowners were dissatisfied with that site.

President Butler: I have been trying to reach the homeowner president over the weekend. I believe it is a good idea to hold up on this.

Motion

to accept the pro rata settlement as recommended by the township attorney and engineer with respect to the Lowe's made by Councilman Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: Councilman Testino

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilman Maher.

Ordinance for Second Reading.

President Butler: At the December 2 agenda meeting the council tabled Ordinance

No. 60-02 which is the bond ordinance for the emergency notification system. Since the ordinance had been advertised for second reading and public hearing tonight, this action could not be taken, and the ordinance will be placed on the agenda for December 9. After the ordinance is opened to the public for comment, the council will voice their votes.

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

Tabled

BOND ORDINANCE AUTHORIZING THE ACQUISITION OF EQUIPMENT FOR THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $75,000 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $70,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

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

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

Section 2. It is hereby found, determined and declared as follows:

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $75,000;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $70,000;

(c) a down payment in the amount of $5,000 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11; and

Section 3. The sum of $70,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $5,000, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $70,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $70,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $10,000.

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

Section 8. The average period of useful life of the several purposes for the financing of which this Bond Ordinance authorizes the issuance of bonds or bond anticipation notes, taking into consideration respective amounts of bonds or bond anticipation notes authorized for said several purposes, is not less than 8.089 years.

Section 9. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $70,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

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

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

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

Section 13. The Township hereby covenants as follows:

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

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

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

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

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

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

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

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

First Reading November 25, 2002

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

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

NAYS: Councilmen Calogera, Greene, Councilwoman Panos.

ABSENT: Councilman Hoff.

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

Motion

to adopt Ordinance No. 60-02 made by Councilman Calogera, seconded by Councilwoman Panos No Vote Taken.

Councilman Calogera: This is something we need.

Councilman Testino: I support the system, but I think that Mr. Maher had questions. I still want to know what the costs are relating to personnel are going to be.

Councilman Maher: I have not received a letter from the Chief of Police that this is one of his priorities. We have received the budget from Public Safety; this was not in the budget. I am not against the technology. I want to see a letter of endorsement. Who will be responsible for maintenance?

Ms. Shepler: There are no new hires anticipated in this process. Sergeant Weiss explained this in the table you received. He will be assigned to the project by Capt. Bonfante There may be a few hours of overtime. Because there are usually two sergeants assigned to the department at every shift, he intended to do this during his regular working hours.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE No. 61-02

ORDINANCE AMENDING ORDINANCE 19-01 OF THE TOWNSHIP OF OLD BRIDGE,
COUNTY OF MIDDLESEX, STATE OF NEW JERSEY

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

Section 1: The title of Bond Ordinance 19-01 ("Bond Ordinance") is hereby amended to provide as follows:

BOND ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $3,650,000, THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $3,467,500; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

Section 2: It is hereby found, determined and declared as follows:

(A) the estimated amount to be raised by the Township from all sources for purposes stated in Section 7 hereof is $3,650,000.00.

(B) the estimated amount of bonds or bond anticipation notes to be issued for the purpose stated in Section 7 hereof is $3,467,500.00.

(C) a down payment in the amount of $182,500 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A 40A:2-11; and

Section 3: Section 3 of the Bond Ordinances is hereby amended to provide as follows:

Section 3: The sum of $3,467,500 to be raised by the issuance of bonds or bond anticipation notes is hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4: Section 4 of the Bond Ordinance is hereby amended to provide as follows:

Section 4: The issuance of negotiable bonds of the Township in an amount not to exceed $3,467,500 to finance the cost of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5: Section 5 of the Bond Ordinance is hereby amended to provide as follows:

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $3,467,500 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6: Section 7.A of the Bond Ordinance is hereby amended to provide as follows:

Section 7: Section 8 of the Bond Ordinance is hereby amended to provide as follows:

Section 8. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $3,467,500 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 8. The Capital Budget is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 9. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 10. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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

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

NAYS: None.

ABSENT: Councilmen Calogera, Hoff.

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

Ordinance for First Reading.

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

Section 1. Increase in Number of Plenary Retail Distribution Licenses.

Code Section 6-3.4(a) is hereby amended to increase the number of plenary retail distribution licenses from six (6) to eight (8). All other provisions of the said Code

Section 6-3.4(a) be and shall remain in full force and effect.

Section 2. Annual License Fees

The annual license fees and maximum type and number of licenses for the sale or distribution of alcoholic beverages in the township shall be as follows:

Class of License Annual License Fee Number of Licenses

Plenary Retail Consumption License $1,891.92 35

Plenary Retail Distribution License $1,655.44 8

Club License $150.00

Section 3. Inconsistent Ordinances

All ordinances or parts of Ordinances inconsistent with or in conflict with this Ordinance are hereby repeated to the extent of such inconsistency.

Section 4. Partial Invalidity

If any section, paragraph, clause or provision of this Ordinance shall be adjudged invalid, such adjudic