December 16 , 2002

A Combined meeting of the Township Council of the Township of Old Bridge was held on December 16, 2002 in the Municipal Complex. The meeting was called to order by President Butler who asked all present to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places. The next meeting will be January 6, 2003 at 7:00 p.m.

Roll call at 7:32 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Baker, Calogera, Greene, Hoff, Redmond, Councilwoman Panos, President Butler. Councilman Maher was absent. Councilman Testino arrived late.

PRESENTATIONS

Old Bridge Knight Hockey (2 Divisions) Squirt and Peewee Teams - 1^st Place Tournament Winners

Mayor Cannon thanks John Piccolo, Junior Knights Hockey Coordinator, whom without him this league and program would not be possible.

Mayor Cannon thanks Robert Sullo, Junior Knights Hockey Assistant Coordinator.

Mayor Cannon thanks Mark Bellotti Junior Knights Hockey Trustee.

Mayor Cannon thanks Kevin Driscoll, head coach.

Kevin Driscoll thanks the Parents, Mayor, Council and Tom Badcock for all their help and support. Mr. Driscoll thanks that team members for their tremendous job and assistant coach Wayne Anderson and Mike Kurth and the team coach Joe Rizzo. The team presents Mayor Cannon with the winning hockey puck and presents Tom Badcock with a team hat and jersey.

Mayor Cannon presents certificates to the following players of the Junior Knights Squirt Team

Brad Anderson, Vincent Conananm, Alex Paparo, Sean Driscoll, David Rinder, Robert Fisher, Daniel Perone, Nick Kracsun, Nick Rizzo, Casey Fennesey, Harry Kurth, Stephen Weir, Timmy Langer, Victor Stanzione, Justin Pieron.

Mayor Cannon presents certificates to the following players of the Junior Knights Peewee Purple Team

Carl Sicignano thanks the Mayor, Council, Tom Badcock, the parents, and most importantly the team players.

Dillon Card, Joe Marchia, Andrew Cozzolino, JP Rotchford, Patrick Mazan, Peter Vavallo, Graham Smith, Martin Bernstein, Ilan Beitscher, Alex, Faett, Vinnie Palumbo, Oliwier Nowak, Billy Ferrandino, Chris Crisalli, Mike Kurth, Danny Cuccinello, Alex Schiappacasse who was also the MVP and Coaches Carl Sicignano, Mike Cuccinello, Greg Nowak, Howard Bernstein.

Mayor Cannon thanks both teams for making the Township of Old Bridge proud and wishes them luck in the future.

PRESENTATION

Recreation Volunteer 4^th Quarter 2002 to Jamie O'Kane

Mayor Cannon, Councilmen Baker and Tom Badcock present the following proclamation to Mr. Jamie O'Kane

WHEREAS, the Township Council wishes to honor an outstanding volunteer every month; and

WHEREAS, the achievements of Jamie O'Kane have been brought to the attention of the Township Council; and

WHEREAS, Jamie O'Kane started and runs the Old Bridge Fall Baseball and Softball Programs; and

WHEREAS, The Old Bridge Fall Baseball program is the largest fall baseball program in the state with over 500 boys and girls; and

WHEREAS, Jamie O'Kane has been the manager and coach for the Sayrewoods South Rebels; and

WHEREAS, Jamie O'Kane is a board member of the Cheesequake Baseball Association; and

WHEREAS, Jamie O'Kane is a board member of The Order of the Friendly Sons of the Shillelagh; and

WHEREAS, Jamie O'Kane is always ready and willing when Township of Old Bridge is in need of volunteers; and

WHEREAS, Jamie O'Kane is a resident of the Township of Old Bridge along with his wife Irene and four children, twin boys and twin girls.

NOW THEREFORE, BE IT RESOLVED by the Township Council and the Mayor of the Township of Old Bridge that Jamie O'Kane be recognized as the Volunteer of the Month for his outstanding volunteerism in the Township of Old Bridge.

Bill List

Councilman Hoff: I would like the bill for Attorney James D'Amato, Esq. for $2,500.00 removed from the bill list.

MOTION

to remove James D'Amato, Esq. bill of $2,500.00 from the original bill list of $1,316,409.02 by Councilman Hoff, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Maher.

Bill List

RESOLUTION #595-02

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 16, 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 16, 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 $1,316,409.02 minus James D'Amato Esq. charge of $2,500.00 for a total of $1,313,909.02 (General Fund)

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

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

NAYS: None.

ABSENT: Councilmen Maher.

Prior to the vote the following discussion took place

Councilman Redmond: What is the $19,000.00 for the title company under Cedar Ridge Acquisition for?

Attorney Ruggierio: That is for title insurance on the acquisition. We got three quotes and we got the insurance commissioner to let us have competitive bids on title insurance.

Councilman Redmond: Does that come out of the open space trust?

Attorney Ruggierio: It comes out of a capital appropriation ordinance. I would have to ask finance.

Councilman Redmond: What did we buy with the confiscated funds for $16,000.00?

Mayor Cannon: We will have to find out and get back to you.

Captain Cerra: That was a confiscated vehicle that we acquired through a drug bust. The vehicle is valued at $32,000.00. The payoff price was $16,000.00 and now we own it.

Councilman Calogera: What are we doing with this vehicle? Will it be an undercover vehicle?

Captain Cerra: That will be up to the Chief.

Councilman Calogera: Will this deplete by one, the vehicles that we need to replace?

Captain Cerra: This is a 4 wheel drive truck.

Councilman Redmond: Why is there $1,100.00 in repairs at the arena?

Mr. Badcock: It was either the electrical for the sound system or with the HVAC.

Bill List

RESOLUTION #596-02

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 16, 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 16, 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 $997.00 (General Fund)

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

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

NAYS: None.

ABSENT: Councilmen Maher.

Prior to the vote the following discussion took place

President Butler: What is this for?

Mr. Badcock: This is was an emergency so that the pipes wouldn't freeze at Camp Robin.

President Butler: Captain Cerra is here to answer questions on the overtime.

Councilman Calogera: I was told that putting lieutenants on the OIC desk is an assignment and not contractual.

Captain Cerra: That is not correct. That goes back to a court case in 1979, where the lieutenants at the time were actually working down. A sergeant didn't come in and the lieutenant was doing his work. The case was filed in 1976 and finalized in 1979, an agreement was reached between the Township of Old Bridge and PBA 127. Lieutenants will fill the ranks of lieutenant and they will not work down and sergeants will fill the ranks sergeants and only work up when a lieutenant cannot be ascertained to fill the opening.

Councilman Calogera: If this is an assignment of the Chief, a lieutenant does not have to be assigned to the OIC.

Captain Cerra: A lieutenant gets specialized training in cell block management, 911 - sergeants do not have this. You have this clause in every contract that you have, for instance, with the dispatchers, we have ten guys on the road and there...

Councilman Calogera: Let's stay with the lieutenants. Is this an assignment?

Captain Cerra: No.

Councilman Calogera: Are those the only reasons that you have to justify having lieutenants in the OIC. I think that any capable police sergeant or officer could do the same things. I think that we are wasting the talents of the lieutenants by putting them behind the desk at the OIC and it is costing an enormous amount of overtime.

Captain Cerra: So what do you think that we should do because we are open to suggestions. I will tell you what will happen if we do what you suggest.

Councilman Calogera: I am open to suggestions also and you as an administrator in the Police Department should be giving us the answers to correcting this situation.

Captain Cerra: There is no way to correct the situation because if you change that, you will end up in PERC and you are going to get slammed. You will pay an attorney $150.00 - $200.00 an hour to drag this out for six to eight months and the end result will still be that Lieutenants serving up there.

Councilman Calogera: Are you still the President of the FOP?

Captain Cerra: Yes.

Councilman Calogera: How can we have a discussion on this with you, if your duties are going to conflict between being a police administrator and the person that the town has to negotiate with?

Captain Cerra: Because of the knowledge that I have being the president of the FOP for the last twelve years, you have not in PERC with the PBA, the dispatchers or the FOP for the last nine years, you were spending half a million dollars on labor attorneys to fight these unions with all the problems and because of my experience in this area, the administration of the police department has not had any union problems where they went to PERC and got slammed. The contracts and the administration are in fold and no one is violating any rights, therefore we are saving the town money.

Councilman Calogera: So with your experience and position, you have been responsible for approximately $1,200,000.00 in police overtime.

Captain Cerra: Six months ago I asked if this was a conspiracy or is it stupidity because I have given you people the answers year after year after year, they listened, they approved more cops, the mayor chose not to hire, you have the overtime. I did not conform to eliminate ETO, last year that was done by the administration. ETO and comp time is gone.

Councilman Calogera: With the expertise that you claim to have, why in the last nine to twelve years have you not, on behalf of the taxpayers, tried to eliminate the problem in the OIC?

Captain Cerra: Because it is not a problem.

Councilman Calogera: Why don't you see it as a problem?

Captain Cerra: You use to be a police officer, so I am sure that you are familiar with the chain of command. You cannot have one sergeant overseeing another one because then you have problems between the ranks. You need to have someone of a superior rank. When the chief of police is not here at 2:00 in the morning, he needs a more experienced officer then a sergeant here.

Councilman Calogera: You have a lieutenant on OIC on every shift, correct?

Captain Cerra: Yes.

Councilman Calogera: Why, even when there are lieutenants, captains and even the chief are in the building. There is no problem then because there is always a superior officer available. There could then be two sergeants on the same shift. Correct?

Captain Cerra: No, you have no idea what happens around here every day, what do think that we all do, sit around in a big room and drink coffee?

Councilman Calogera: Yes, some do.

Captain Cerra: That is part of the problem, because you don't know what we do, so you assume that you know what we do, spend some time here, come upstairs and walk around.

Councilman Calogera: 60% of the overtime goes to the rank of lieutenant and up.

Councilwoman Panos: No, it is 25% and it is seven men.

Captain Cerra: Correct, if you break it down to hours, it is not 25%.

Councilman Calogera: The dollar value is 25%.

Captain Cerra: As the union president I offered a plan to eliminate all overtime and the administration said "no thank you". The union offered a plan to eliminate all overtime for superior officers, that is gone.

Councilman Calogera: I understand that plan was illegal, that advice was from the labor attorney.

Captain Cerra: If you were advised by a labor lawyer that this was illegal, then there are a lot of towns in this state that are doing something wrong. East Brunswick has this and it works and it is not illegal. It is cost effective and it benefits everyone. It would of saved you already $140,000.00. We have to follow the law on overtime. We do not have court at midnight, so the midnight guys have to come in on overtime. How much more could we have done, there have been lists and suggestions supplied. I came here eight months ago and now we are getting blamed for the overtime that we don't create. We don't get overtime, the chief hasn't gotten a dime of overtime in eighteen years and look for my name on the overtime list. It's not there.

Councilwoman Panos: I have a memo dated June 28^th listing some reasons for overtime. The ATV patrol is one, where do you patrol with that?

Captain Cerra: It is mainly done in your ward.

Councilwoman Panos: I recall that there was a problem with Birch Street and the response that I got was that we could not get an ATV patrol because we didn't have the twelve new officers. Why can't we have some of the beach patrol now that the beach is closed?

Captain Cerra: The beach is closed?

Councilwoman Panos: You know what I mean, the prime time for the beach - this was in October.

Captain Cerra: So you want us to take the men off the beach and put them in ward six.

Councilwoman Panos: Yes, starting in September or October.

Captain Cerra: That would mean that there was no one at the beach.

Councilwoman Panos: What is the man power at the beach in September and October?

Captain Cerra: One.

Councilwoman Panos: So why couldn't someone come to Birch Street?

Captain Cerra: The man power at the beach at any given time is one man.

Councilwoman Panos: I have a memo that says you couldn't get there. It came from the chief.

President Butler: Is eliminating the overtime something that we can negotiate?

Captain Cerra: Yes. Last year in superior officers you spent about $442,000.00 in overtime, this year you are going to spend more because comp time is gone. Administration paid everybody their comp time and now when you have comp time, if you don't use it in sixty days you will be paid for it.

Councilman Calogera: By law we can't let them carry more than a certain amount of hours.

Captain Cerra: That is absolutely incorrect. By law FLSA overtime, you cannot acquire anymore than 480 hours. You have to work so many hours over a 28 day period and anything beyond that becomes FLSA overtime. There is about a 12 hours span that is not FLSA overtime. Your first 12 hours in any 28 consecutive days is not FLSA overtime. You are allowed to accumulate 480 hours under the FLSA. They did away with it and they never thought that overtime would now cost real money and not just numbers in a book. You spent $750,000.00 in overtime last year and with the comp time you are going to spend $1,200,000.00 and you are not going to get around that, you didn't hire more cops, you have less cops, you just got three out of the academy last week, which means that you were three short for months, instead of 104 you had 101. Overtime will not go down. If someone has an idea that is legal for us to save overtime we will run with it. We have implemented everything that we could to save overtime. Your suggestion makes sense, until you look at the law. You will get away with it for three months and then you will back pay the lieutenants that didn't get to work because they are entitled to it.

Councilman Calogera: So how do we solve the problem of having you doing a dual role representing the town (doing assignments) and the sitting down on behalf of the FOP negotiating. How do we get our best interest for the taxpayers?

Captain Cerra: When have I ever not given my best interest, can you point out one instance?

Councilman Calogera: I just think that it is an ambiguous role that you are playing and I don't think that anyone should do that.

Captain Cerra: I have been in this role for the last twelve years and it has never conflicted because my objective has always been for the taxpayer, I am one. I never tried to take advantage of the township.

Councilman Calogera: In the last twelve years, how many times has the OIC been on the table?

Captain Cerra: This is the first time that we brought it up.

Councilman Calogera: In twelve years.

Councilwoman Panos: I haven't found the memo that I was looking for but I will forward it on to the chief. I have been asking since May for a complete list of all candidates with residency status, scores on the written test, breakdown of additional points awarded and the reasons, scores on the physical test, the scores for the oral test and pass or fail results on back ground checks if performed. I then asked for all names and agencies who administered and recorded each portion of the test. Now you are saying that twelve police officers were approved and not hired.

Councilman Hoff: Stay on overtime.

Councilwoman Panos: He brought up not hiring the twelve officers. I don't like to hear this because this list...

POINT OF ORDER

Councilman Hoff: We are supposed to be discussing overtime with Captain Cerra. The discussion now is overtime only. I think that rest of discussion is...

Councilwoman Panos: He said a lot of the overtime is due because the twelve officers were not hired.

Councilman Hoff: He gave a lot of different reasons and I don't think that was one of them.

Councilwoman Panos: That was one of the reasons and as a councilwoman who represents the taxpayers of this town I would like to get to bottom of the police overtime.

Councilman Hoff: I think that it is out of order to go beyond overtime.

Councilwoman Panos: What are you afraid of?

President Butler: I think he stated that the reason we have the overtime is because we didn't hire the officers.

Councilwoman Panos: I will go on as to why they will never be hired or why they shouldn't be hired. When am I going to get the answers to my questions? You want these twelve officers hired, answer these questions.

Captain Cerra: Before you requested anything, did you write an e-mail?

Councilwoman Panos: To who? I wrote plenty of e-mails.

Captain Cerra: Did you write an e-mail and read it at a council meeting?

Councilwoman Panos: Yes.

Captain Cerra: Prior to asking for all this information, you wrote an e-mail. In this e-mail you state that the list is corrupt. Did you say that?

Councilwoman Panos: I will read it, "it is rumored to be corrupt" and it is.

Captain Cerra: So you heard a rumor that the test is corrupt...

Councilwoman Panos: I can show you e-mails from my constituents that validates this rumor.

Captain Cerra: Do you have any facts to substantiate the word corrupt. I have been trying to avoid this...

Councilwoman Panos: Let's read the list and see what the public thinks of it.

Captain Cerra: If you read the ordinance, it sets the criteria and standards. It tells you how the test is administered and how the points are added up. It tells you everything.

Councilwoman Panos: Does it tell me the names of the persons and/or agencies that recorded the test?

Captain Cerra: Yes it does.

Councilwoman Panos: No, it doesn't.

Councilman Testino: Can we get back to the overtime.

President Butler: Bill, is there anything else on the overtime?

Councilwoman Panos: No, lets stay with the twelve officers who are not being hired. Does this list have to be hired in order?

Captain Cerra: Yes. That list is given to the Public Safety Director.

Councilwoman Panos: This list (which is the one that I hear the rumors of corruption) is the democratic party's wish list.

Captain Cerra: I guess that is why they didn't hire anyone, because the next few people on the list happen to be democrats, one of which whose father ran against her. That is why I said that I didn't want to give you the list until you decide how many you are going to hire because that is how you decide how many to hire; which was none.

Mayor Cannon: Mr. Cerra, I would like to answer that.

Captain Cerra: I bet you would.

Mayor Cannon: You cannot make those accusations, unanswered.

Councilwoman Panos: I have the floor and I am not finished. The man I ran against lost and I have no bones to pick with him.

Captain Cerra: So his son is next, and you are totally against hiring cops. You don't care about the safety of the people.

Councilwoman Panos: No I am not against hiring police.

President Butler: Stick to the overtime.

Councilwoman Panos: This has to do with overtime.

Councilman Redmond: I would like to ask a question on the overtime.

Councilwoman Panos: Why are you stopping me from speaking?

Councilman Redmond: I have a question about the lieutenant's overtime.

President Butler: Go ahead Mr. Redmond.

Councilwoman Panos: I have the floor and I am not finished.

President Butler: No you don't, this is overtime that we are discussing.

Councilman Redmond: One of the things that was brought to our attention was that the reason we had to pay all that comp time is because we had no way to prove that it wasn't FLSA overtime. What has happened in the past is water under the bridge, I want to know if there are controls in place for the future so that we can prove what is FLSA and what isn't.

Captain Cerra: You will never have that problem again because if someone puts in for comp time in 60 days they will be paid for it if they don't use it.

Mayor Cannon: That is the new policy because of a lack of accountability as to the FSLA and also we weren't getting true numbers on the overtime and you eventually have to pay it whether it is 15 or 20 years letter. When you say overtime is 700 it is actually over a million because that is the time that is being accrued.

Captain Cerra: The policy on 60 days has been in the contract for the last 22 years.

Councilwoman Panos: I would like answers to the questions that I have been asking for the last eight months.

Captain Cerra: Read the ordinance.

Councilwoman Panos: I want to know specifically about these thirteen people versus these fifty-five people.

Captain Cerra: Read the ordinance.

Councilwoman Panos: That is not an answer. Who administered these tests? Why are you shutting me down? What are you afraid of?

Mayor Cannon: Councilwoman Panos has requested public information under the old and new law, all she is asking for is a list of all the candidates with their test scores, they have all been tested and received scores and I don't understand why that hasn't been distributed to those who request it. As far as the hiring of the twelve officers, I am not going to get into a debate about that but I would think that looking at the financial situation that we are in now, if we had twelve new officers to pay for we would be a half a million dollars more behind the eight ball and our tax rate would be that much higher. We simply cannot afford to hire additional officers at this time and even though there might be some reduction in overtime, you are never going to do away with all the overtime. We are just not in a financial situation to hire these officers and the captain knows that, I stated this early on that we were not in the position to add any new officers, that we would just replace officers when they leave. The police administration controls overtime.

Captain Cerra: The police administration does not control overtime, it is controlled by contract that the Mayor negotiates.

Councilman Testino: I had moved a resolution that the Mayor negotiate on the overtime issue with the superior officers and I was told that we couldn't do it and now I am hearing this again from the police department. I want this as part of the negotiations, so I will move that we direct the mayor to negotiate it this for the next round.

Councilman Hoff: I will second the motion.

Councilman Calogera: How are we going to negotiate this, when Captain Cerra is on both sides of this?

Councilman Testino: We have a labor attorney that has to handle that.

Attorney Ruggierio: I think that your proposal has to be regarded as a informational resolution to the administration. The mayor negotiates contracts and the council approves them. That is the balance of power that we have.

Councilman Testino: So be it. Then this is to send a message to the mayor and whoever else is going to be at the table.

MOTION

by Councilman Testino for the Mayor to negotiate with the superior officers in the police department on the overtime situation, seconded by Councilman Hoff and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Maher.

Prior to the vote the following discussion took place

Mayor Cannon: The program that was proposed by Captain Cerra as a solution to eliminating overtime with the superior officers, I thought that the council voted not to support that program.

Councilman Testino: We didn't support any program, we are saying to negotiate the overtime.

EXECUTIVE SESSION @ 8:35 pm.

RESOLUTION #597-02

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

Confidential Police Investigation

BE IT FURTHER RESOLVED that this meeting shall reconvene in public session in fifteen (15) 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 Baker, seconded by President Butler and so ordered on the following roll call vote:

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

NAYS: Councilman Testino.

ABSENT: Councilman Maher.

Prior to the vote the following discussion took place

Councilman Hoff: This is not listed on the agenda

President Butler: The chief wants to enlighten us about an investigation.

Councilman Testino: Why don't we do it at the end?

Meeting reconvened at 8:50 pm.

Preliminary Public Comments

Mr. Rao: Why is the tax increase so much this year?

Councilman Redmond: We are still in the process of reviewing the budget and we are still having meetings on it.

LIQUOR LICENSE

Plenary Consumption Person to Person Transfer - N.J. Wines & Spirits, Inc. to Breakfast Club 80 L.L.C. #1209-33-025-003.

Attorney Brian Whiteman: The applicant has been before you on several occasions for this transfer, Jonathan Heilbrunn was before you last week and Mike Serdinsky went through a long discussion over this application. My client is anxious to become a part of this community, he has complied with all the legal requirements set forth for the transfer of the liquor license. This particular use is a permitted use within the zone, further this use has been there for a long time, this is something that he should be entitled to. My client is anxious to create a positive in the community.

Councilman Redmond: Can we put restrictions on the license with respect to the parking?

Attorney Ruggierio: Yes.

Councilman Redmond: I would like to see a restriction that there is no off-site parking without prior agreements of surrounding businesses.

Attorney Ruggierio: I suggested three conditions at the last meeting. They had to limit the parking to the limit set forth in the land use ordinance. They would not admit people who were illegally parked.

Councilman Redmond: What about the security in the parking lot?

Attorney Ruggierio: If the place is packed completely there may be some need for monitoring the parking lot to make sure that there is no untoward conduct.

Councilman Calogera: I have concerns about people in the parking lot. Do you have a security program?

Mr. VanLeeuen: I will have sufficient security to handle the capacity of the parking lot and inside the establishment.

Councilman Calogera: Do you have a plan now?

Mr. VanLeeuen: I do not now, I will either out source to a security company or hire my own security. The parking lot will be secure.

Councilman Calogera: Originally this application was for a dance club with a capacity of 500 people, now that has all changed.

Mr. VanLeeuen: I was unaware of the Old Bridge ordinances and what the capacity previously was. That was told to my architect. Mike Serdinsky told me what I could have and that was agreeable to me and that is what I plan on doing.

Councilman Calogera: So you are changing the business model and are now going with a bar with seating.

Mr. VanLeeuen: No, it is a bar with restaurant with entertainment, exactly what it is zoned for.

Councilman Calogera: Are you going to have a dance floor?

Mr. VanLeeuen: No dance floor.

Councilman Calogera: Can we get assurances that you are not going to be moving these tables out of the way and doing dancing?

Mr. VanLeeuen: I don't think that I can be limited as to where I can put my tables.

Councilman Calogera: Do you have intentions of moving the tables and opening it up for dancing?

Mr. VanLeeuen: No, if a DJ or band sets up I may move tables around to watch the band. There will be tables there.

Councilman Calogera: So now we have liquor, DJ but no dancing.

Mr. VanLeeuen: I have no idea if people are going to dance, it is going to be a bar with restaurant and entertainment. If people dance...

Mr. Whiteman: His design is not to be a dance club. There will not be a dance floor, it is an establishment with restaurant with music. It is the common practice of people that they will be dancing, but there isn't a specific design for it, there won't be a designated location for dancing. It is basically a design of what was existing; a restaurant and bar. The design is to be a sports bar as well.

Councilman Calogera: This has been many designs so far, like a chameleon. I have a problem with the original proposed use and what it is now. There has been inconsistency, the use has been questionable, there has been a lot of ambiguities.

Mr. VanLeeuen: Both uses had been approved, it previously was a night club use, which it is zoned for, I decided I wanted to serve food and make it into a restaurant. I changed my business plan, that's what I intend on doing.

Councilman Calogera: Whether there is ample equipment to be a restaurant is still questionable in my mind. Because of the ambiguities and the inconsistencies I will be voting no on this application.

Councilman Greene: The more you discuss this, the more I get confused. I wouldn't call it a restaurant or a business similar to what was in the past. There was a restaurant in the past, it was a place that you would go to have dinner. I don't think that your place is a place that people would go to for dinner because you are talking about basically snacks. There is prefab pizza and tacos. Now you're saying you are going to have a DJ or band, but no dancing...

Mr. VanLeeuen: I am zoned to serve that food. I could of also went for a night club and have dancing...

Councilman Greene: I just want a clear picture as to what you are doing.

Mr. VanLeeuen: On Wednesday nights we will have karaoke.

Councilman Greene: My concern is the parking but I want to feel comfortable with what I am voting on. The name alone "The Breakfast Club". If someone asks me what is going on in that new business I would like to be able to say exactly what it is. I couldn't tell them they could have dinner there or that they could expect to dance because it depends.

Mr. Whiteman: It is a bar that serves food and it has music, that is the main design and intent. With respect to your parking concerns, my client has worked with your Code Enforcement Department to do whatever is necessary to comply with your township ordinance. He agrees to comply with all local ordinances. My client will work with the zoning office if there are any concerns. My client will also work with the police department about the parking security. My client is anxious and as this council knows has made every effort to comply and do something positive for the community.

Councilman Greene: I am still confused about what this is, but I look at it favorably because we discussed the parking last week and at my request the attorney produced the three conditions and I hope that you do abide by them. We know from past experience that once we approve a license it is very difficult to hold an owner of a license accountable.

Mr. Whiteman: My client appreciates that and agrees to comply with the township ordinances in those respects. The township ordinance is very clear as to what the required parking is. If my client at any time in the future hopes to proceed any further, he will come back to the council or the appropriate board for any approvals.

Councilwoman Panos: I agree that there should be conditions on the license regarding parking. As I look at these plans I do not see a stage area where you would put the band.

At this point Mr. VanLeeuen shows Councilwoman Panos on the plans where he would move the tables and have a band. He mentions a "platform and eight tables".

Councilwoman Panos: Are the people going to move tables to dance? What about fire safety?

Mr. VanLeeuen: There are fire exits that will not be blocked.

Mr. Whiteman: My client will go along with all the requirements of the township and he could not get a CO without complying with all the requirements.

Councilwoman Panos: I understand that but even as he sits here tonight, people are going to dance and move tables, that is a problem because this is not set up as a dance hall.

Mr. Whiteman: It is not designed to be a dance hall; it is a bar.

Councilwoman Panos: But they might move some tables; this is not a restaurant, it is a club as in Breakfast Club.

Mr. VanLeeuen: The name is in reference to an 80's movie. A dance hall (as Mike Serdinsky says) has no seating inside. A nightclub would be what I have but without the kitchen. If I removed all the seating then it would be a dance club.

Councilwoman Panos: By your own statements you are saying that people may move the tables and then that becomes a dance hall.

Mr. VanLeeuen: If a song comes on and you want to dance, you may move some tables to dance.

Councilwoman Panos: That is not the type of place that I want in that neighborhood. I think that if we give this away, we will have a hard time dealing with it.

Councilman Hoff: I am confused by this, I've heard it called a dance club, then a sports bar then restaurant that serves snacks and then call it all a breakfast club, no mention of eggs or ham. I am very suspect that we are getting a dance hall in disguise; I cannot support it.

Councilman Calogera: If it quacks it's a duck.

Mr. VanLeeuen: All I did was apply originally for a night club, now all I did was decide to serve food. I never applied for a dance hall.

Councilman Hoff: What kind of food did you buy?

Mr. VanLeeuen: There was a menu in every packets.

Attorney Ruggierio: The council can express your concerns in a resolution that this might be a night club in disguise, the applicant has assured us that this is not the case. This is going to come up for renewal every year and you can get a report from departments about the activities.

Councilman Hoff: Nothing comes here but the ABC. Once this license is granted, it is a forever thing. We can turn it down year after year and the ABC will over rule us, they have repeatedly in this down. Don't say that we can close them down, because we can't.

Attorney Ruggierio: Just two words. Birch Hill.

Councilman Hoff: That was a whole different ball game.

MOTION

by Councilman Calogera to deny the liquor license transfer, seconded by Councilman Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Maher.

HEARINGS

Release/Reduction Performance Guarantee - Oxford Estates

Mr. Vincenti: This is a continued hearing that the council tabled a number of times. At the last hearing a resident Ms. Bran came up with an objection to the release. The issue was whether or not the developer had gotten all his approvals on the release of the lots from Freehold Soil. There was a report of final compliance from Freehold Soil dated August 8, 2001 and all of the lots in the sub division were issued a certificate of compliance. We had recommended a bond release with a number of conditions. 1. A posting of a maintenance bond in the amount $214,343.60 for a two year period. 2. Submission of certification of monuments. 3. The letter of compliance from Freehold Soil, which we have received. 4. Obtaining the as-builts. 5. There was an issue on whether the township was going to take over maintenance responsibility of the detention basin. There is a developers agreement that has been signed by the township and the developer which sets the contribution at $22,048.00 plus an escalation cost. The last item was withholding a $5,000.00 cash bond for the establishment and re-inspection of lawns on homes number 6, 8 and 10 on Annie Drive.

Councilman Greene: Does the engineer support this bond reduction?

Mr. Vincenti: Yes.

President Butler opened the public portion.

Ms. Frances Bran; 27 Annie Drive: My issues and questions still stand for the past three years. The new homes are getting results and I am still not getting a response. I still don't have any grading, top soil or any grass.

President Butler: One of your complaints is that they took the top soil away, correct?

Ms. Bran: Yes. I need a lawn. I have been there since 1999 and Mr. Vincenti has a certificate dated 8/8/01, is my lawn included in that?

Mr. Vincenti: The certificate specifically listed all of the lots and addresses. Your home is the fourth one listed on the certificate.

President Butler: Ms. Bran has been coming here for three years, have you ever approached the developer for the need for top soil?

Mr. Vincenti: As you may recall there were issues with respect to wanting to separate the front and rear yard. I have personally made various inspections of this property at various times. There were times, in my opinion that the front yard area met muster with respect with an establishment of a lawn. As the year went on there were drought conditions and the lawn deteriorated significantly. In my opinion, we cannot hold the developer responsible at this point and time.

Councilman Hoff: In the response from Werbler he is saying that you closed... and the warranty company closed the file.

Ms. Bran: No, they always wanted to come in when I wasn't home. The holes are still in my cinder blocks and I still get water in my basement.

Councilman Hoff: There is a sentence in this letter that says "the owner prevented us from completing".

Ms. Bran: That is not true. I took off work for two weeks and they never showed up. They kept saying that they would. I am willing to put all the other issues aside, but just the fact that they refused to do the regrading and give me top soil... to me, that is a township issue.

Councilman Hoff: I agree with you. All we can do is stop the release of the bond.

Ms. Bran: This is not the only development that this developer has in town. I have been coming here for three years and I need answers.

Councilman Calogera: I have been through this with you three times already and each time we have denied the reduction. We have been trying to address this, you know that our hands are tied now.

Ms. Bran: This has been dragging on. He has been there numerous times and not once has he been able to show up when I am there. I paid for this house and I want what I am entitled to, I don't want any freebies.

MOTION

by Councilman Hoff to deny the release of the bond, seconded by Councilman Calogera

NO VOTE TAKEN

Attorney Ruggierio: You have your township engineer telling you that this development is complete. I recognize that this homeowner has been very tenacious in appearing here and presenting her concerns within the bounds of the bond (the front lawn). We are representatives here of the larger public and larger tax payers, I would just like the council to know that I will have to appear before a judge in January and say "yes judge, the township engineer said not once, not twice but three times that these bonded improvements have been completed and in the face of that the township council chose to act inconsistent with that, without reasonable basis". That will result in attorneys fees that will be paid by all the taxpayers. I would ask the council to act responsibly with respect to this matter, it is already in litigation.

Councilman Testino: I was reviewing the Freehold Soil letter and the first page refers to lot 35.

Mr. Vincenti: Lot 35 is the master lot of the entire tract before it was sub-divided. When you get an original soil erosion and sediment control permit, it tags along with the original mother lot. The subsequent pages are a new lot by lot release, it lists all the addresses.

Councilman Testino: I thought that we were doing everything that we could, I am disappointed that we don't have more of an arsenal to combat this problem. I saw the property in question and it was deteriorated and compacted to the point where I wouldn't know how it ever got approved from Freehold Soil. How can we act to hold up the bond if we wanted to?

Attorney Ruggierio: In this case, Mr. Vincenti's suggestion that this lawn was at some point and then after a long drought in another state, I think under those circumstances we wouldn't have a chance of convincing a superior court judge that the engineer's recommendation should not have been followed. Under the Statute if you unreasonably refuse to release a bond a judge would impose fees against us.

Councilman Hoff: I would alter my motion to the effect that we deny it and reschedule for the first regular meeting in January and serve notice on the developer on what we plan to do and ask them to come up with remedies. I think that we owe to Ms. Bran.

MOTION

to deny the release and reschedule to the first regular meeting in January 2003 by Councilman Hoff

NO VOTE TAKEN

Councilman Baker: Have we asked the builder to give this woman top soil and seed and he said no?

Mr. Vincenti: That is correct. We have made certain recommendations and I don't think that it is beyond the council to add their own recommendations and make it a condition of any bond release. It could be that the developer is obligated to go back to this location and re-establish an acceptable lawn and set aside additional monies, similar to what we have recommended for the three lots on Annie Drive.

Attorney Ruggierio: You need to do a reduction for the amount that is not inconsistent with the amount that the engineer might say would cover...

MOTION

To reduce the bond by the amount less the cost the engineer determines to be sufficient to cover the cost of repairs, by Councilman Testino, seconded by Councilman Hoff and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilman Redmond.

Prior to the vote the following discussion took place

Councilman Redmond: Are we voting for a reduction on all but what is required?

Councilman Hoff: We are denying the whole reduction.

Councilman Testino: No we aren't, we are giving a limited release with reserving amounts and telling him to reestablish a lawn.

Ms. Bran: How good a client is this developer that the township is willing to risk fees and everything else?

Councilman Hoff: I don't even know him.

Councilman Testino: He is not our client or customer; he is a builder with property in this township.

Mayor Cannon: There are laws that are not set locally and when they are met the township has to act accordingly. Everybody is trying to help.

Councilman Testino: The recommendation from the engineer seems like a unified voice.

President Butler: Are all the things that Ms. Diaz (Bran) needs to make her property whole going to be in this motion?

Mr. Vincenti: It is solely for the re-establishment of her front lawn area. There are a number of issues alluded to in the response letter from Mr. Werbler that have to do with items inside the homes that are not bonded items.

Ms. Bran: What is going to happen?

Attorney Ruggierio: The township council is making a judgment that they will release that portion of the performance guarantee that is not in dispute, they will hold a portion, sufficient as judged by the engineer to cover your lawn situation as well as a portion for some of the other items listed on the engineer's report. This does not guarantee anything, but the developer may see that the quickest way to get the Township of Old Bridge to completely release the bond would be to comply with the requirements. We are in litigation over this now. I am sure that Mr. Vincenti will come up with 120% of the cost.

Councilman Calogera: Will that include topsoil, seeds, regrading?

Mr. Vincenti: Yes.

Ms. Bran: When will this happen?

Mr. Vincenti: He will be notified this week.

HEARING

Release/Reduction Performance Guarantee - Orchard Hill

Mr. Vincenti: We issued a memo dated October 10, 2002 and the council tabled this until tonight, at that time there were two residents; Mr. Portenti - 87 Greenwood Road and Mr. DiGregory- 83 Greenwood Road. There was discussion on soil erosion on there properties. Prior to the memo my office investigated this as we were aware of a prior occurrence. We went out and contacted both homeowners and as far as we are concerned the developer had previously resolved the erosion control and soil run-off onto these properties. We've done follow up inspections between October and present and we have found no re-occurrence. The area has been established and re-graded. Our recommendation at that time was a 41% reduction in the performance guarantee, that is still our recommendation.

Councilman Baker: Were these people notified again?

Mr. Vincenti: I don't believe there was a prior notification but that evening they were advised that we would consider this again on December 16, 2002.

Mr. Eckstein; Attorney for Developer: I have re-advertised and re-noticed all property owners.

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

MOTION

By Councilman Hoff to reduce the performance bond on the recommendation of the engineer, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Maher.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 02-03

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE ESTABLISHING FEES FOR SPECIAL SERVICE CHARGES AND
SPECIAL CHARGES UNDER THE NEW JERSEY OPEN PUBLIC RECORDS LAW

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

New Jersey has adopted the Open Public Records Law which has as its general purpose making government records more available to the public than they have been in the past. In certain instances, the production of archived records or records in a format which is not the usual format maintained by the municipality or other special circumstances would be costly and time consuming. The New Jersey Public Records Law permits the municipality to require the payment of fees, special service charges and/or special charges as a pre-requisite to the production of records requiring extraordinary time and effort, special equipment or special formatting.

SECTION 2: ORDINARY REQUESTS FOR INFORMATION

The statutory fee schedule shall apply to routine requests under the Open Public Records Law. The fees of N.J.S.A. 47:1A-5 are hereby incorporated herein as such fee schedule presently exists or as such fees might appear in future modifications or amendments of the statute.

At present time, fees under N.J.S.A. 47:1A-5 for routine copies of municipal documents are:

Pages 1 through 10 $.75 per page
Pages 11 through 20 $.50 per page
All pages after 20 $.25 per page

SECTION 3: NO RESEARCH OR INTERPRETATION MAY BE COMPELLED

Nothing in this Ordinance shall require the custodian of documents or any other municipal official to examine, analyze, tabulate, or interpret documents which are subject to production under the New Jersey Open Public Records Act.

SECTION 4: SPECIAL SERVICE CHARGE/SPECIAL CHARGES AUTHORIZED

• Charges Authorized:

The Township Clerk or other custodian or keeper of documents qualifying for mandatory production as "governmental records" under the New Jersey Public Records Act shall be entitled to special service charges and/or special charges as set forth in Section 5 of this Ordinance.

• Requests To Be In Writing

Any requests for documents shall be made to the Township Clerk on a form established by the Township Clerk for such purposes.

• Advance Notice of Fees, Special Service Charges and Special Charges; Deposit

Any requester of government records which are eligible for the imposition of a special charge or special service charge under Section 5 of this Ordinance shall receive advance notice of the amount of fees and charges before any work is started. The Township Clerk shall require prepayment of such charges before causing the work to begin.

• Duplication On Other Work Beyond Capability of Municipal-In-House Work Force:

Whenever the in-house municipal work force or available municipal equipment is insufficient to duplicate or produce government records in a timely fashion, the Township Clerk may cause such duplication or production to be accomplished by outside vendors such as copy centers or producers of digital images. If the costs of such duplication or production charged by such vendors exceeds the routine charges set forth in N.J.S.A. 47:1A-5, the actual direct cost of same without any additional surcharge for labor costs shall be paid.

• Special Service Charged Authorized:

Whenever government records cannot be reproduced by regular copying equipment or fulfillment of the request would involve extraordinary time and effort (for example, where a large number of records must be recovered from storage or substantive staff time is required to review, sort and assemble records), charges may be imposed as follows:

• Rates for In-House Production of Prints or Blueprints:

• Cost of GIS Data:

The cost of any GIs data owned by the Township of Old Bridge shall be as follows:

• Digital Records:

OUTSTANDING CHECKS - CURRENT FUND

Date Check

Issued No. Amount Vendor

7/23/01 600931 2,000.00 City of Perth Amboy

8/13/01 601189 20.00 Division of Consumer Affairs

9/11/01 601478 25.00 Irene Dlaunay

9/25/01 601730 57.20 Oasis Motor

11/26/01 602486 9.60 Apple Locksmith

12/12/01 602714 30.00 Barbara Persaud

$2,141.80

OUTSTANDING CHECKS - PAYROLL ACCOUNT

Date Check

Issued No. Amount Vendor

10/2001 94974 37.20 Kathleen Buraczewski

$37.20

OUTSTANDING CHECKS - WORKERS COMP SELF INSURANCE

Date Check

Issued No. Amount Vendor

7/10/01 50135 74.00 Nova Care Outpatient Rehabilitation

$74.00

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the above listed outstanding checks totaling $2,253.00 be canceled.

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

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

NAYS: None.

ABSENT: Councilman Maher.

CORRECT RESOLUTION #56-02 TERM OF OFFICE FOR ANTHONY SPIRITO - LANDLORD RENT STABILIZATION BOARD

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

RESOLUTION #604-02

WHEREAS, Resolution No. 56-02 appointing Anthony Spirito to the Rent Stabilization Board as a Landlord, incorrectly stated the term as expiring December 31, 2002; and

WHEREAS, Anthony Spirito's term should expire December 31, 2004.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that Resolution 56-02 be corrected to reflect Anthony Spirito's appointment as landlord to the Rent Stabilization Board with a term expiring December 31, 2004

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

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

NAYS: None.

ABSENT: Councilman Maher.

CORRECT RESOLUTION #57-02 TERM OF OFFICE FOR DAVE WILSON - LANDLORD RENT STABILIZATION BOARD

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

RESOLUTION #605-02

WHEREAS, Resolution No. 57-02 appointing Dave Wilson to the Rent Stabilization Board as a Landlord, incorrectly stated the term as expiring December 31, 2003; and

WHEREAS, Dave Wilson's term should expire December 31, 2004; and

WHEREAS, Dave Wilson's appointment is as an Alternate Member.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that Resolution 57-02 be corrected to reflect Dave Wilson's appointment as landlord to the Rent Stabilization Board with a term expiring December 31, 2004 and as an Alternate Member.

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

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

NAYS: None.

ABSENT: Councilman Maher.

CORRECT RESOLUTION #58-02 TERM OF OFFICE FOR LISA VENA - LANDLORD RENT STABILIZATION BOARD

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

RESOLUTION #606-02

WHEREAS, Resolution No. 58-02 appointing Lisa Vena to the Rent Stabilization Board as a Landlord, incorrectly stated the term as expiring December 31, 2004; and

WHEREAS, Lisa Vena's term should expire December 31, 2003.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that Resolution 58-02 be corrected to reflect Lisa Vena's appointment as landlord to the Rent Stabilization Board with a term expiring December 31, 2003.

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

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

NAYS: None.

ABSENT: Councilman Maher.

GRANTING BARRY COOPERMAN A LEAVE OF ABSENCE WITHOUT PAY DUE TO PERSONAL ILLNESS

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

RESOLUTION #607-02

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

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

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

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

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

BE IT FURTHER RESOLVED that the leave of absence will become effective as of December 31, 2002 and notification of said leave will be provided to the Division of Pensions by Marsha Rosenbaum, Director of Human Resources, and copy of this resolution shall also be provided to Barry Cooperman.

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

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

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

NAYS: None.

ABSENT: Councilman Maher.

GRANTING THOMAS BOSKI A LEAVE OF ABSENCE WITHOUT PAY DUE TO PERSONAL ILLNESS

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

RESOLUTION #608-02

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

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

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

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

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

BE IT FURTHER RESOLVED that the leave of absence will become effective as of December 31 and notification of said leave will be provided to the Division of Pensions by Marsha Rosenbaum, Director of Human Resources, and copy of this resolution shall also be provided to Thomas Boski.

BE IT FURTHER RESOLVED that the leave of absence of Thomas Boski is formally recognized having been heretofore authorized by the Mayor, and it is understood that the Mayor may terminate this said leave o