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OLD BRIDGE TOWNSHIP COUNCIL
REORGANIZATION MEETING
January 6, 2003
The Reorganization Meeting of the Township Council of the Township of Old Bridge was held on Monday, January 6, 2003 at 7:00 p.m. in the Municipal Complex. President Butler called the meeting to order and advised all present to stand and salute the flag, which was followed by a short prayer. Deputy Clerk Stella Ward advised that the meeting was being held in conformance with the Open Public Meetings Act and had been advertised. Roll call by Deputy Ward showed the following answering present:
Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos President Butler. (Councilman Baker was absent).
Councilman Greene: President Butler, I would like to make a comment at this time.
President Butler: There is no comments to be made at this time.
Councilman Greene: I am going to make this comment whether you like it or not. When I received the resumes from the Clerk's office, I was disappointed that there were not many resumes and letters from individuals saying that they wanted to be reappointed. Not only that, but I walk in here tonight and I find additional resumes, which I have to go through. I am not blaming the council members, but I am blaming those people who are on the various boards now or who are being appointed to the boards who did not have the courtesy to get their resume or letter in to this Council on time. I find it unfair and if you find me abstaining on appointments tonight it is because I either do not have anything in front of me or have not had the time to look at the information on my desk.
COUNCIL APPOINTMENTS
Resolution No. 1
BOND COUNSEL DENIED
WHEREAS, the Local Public Contracts Law, N.J.S.A. 40:11-5(1)(a)( I) requires the public advertisement of notice with respect to contracts for professional services awarded without competitive bids; and
WHEREAS, funds are or will be available for this purpose;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, in the County of Middlesex, New Jersey, as follows:
1. That the Township Council hereby appoints the firm of Parker McCay to serve as Bond Counsel to the Township and awards the contract which is awarded hereto and made part hereof (the "Contract"), in accordance with N.J.S.A. 40A:2-38.1 and N.J.S.A. 40A:11-1 et. seq.
2. That the Mayor or other appropriate official of the Township, on behalf of the Township is hereby authorized and directed to execute the Contract, and the Clerk of the Township is hereby authorized and directed to attest to the execution of said Contract for Professional Services in connection with the preparation of all bond ordinances and the authorization and issuance of all bonds, bond anticipation notes, tax anticipation notes or similar obligations and related matter of capital and debt financing by the Township.
3. That no appropriation of funds is required at this time, payment coming from the proceeds of the sale of bonds, bond anticipation notes and tax anticipation notes or similar obligations or from capital authorizations or other appropriate budgeted items in accordance with the attached Contract.
4. That this Contract is awarded without competitive bidding as a Professional Service under the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)( I) because legal services are a recognized profession licensed and regulated by law.
5. That a notice in accordance with this resolution and the Local Public Contracts Law of New Jersey, shall be published in the official newspaper or newspapers of the Township.
6. That an executed copy of the Contract between the Township and Parker & McCay and a copy of this resolution shall be filed in the office of the Clerk be available there for public inspection in accordance with law.
7. That this resolution shall take effect immediately.
Moved by Councilman Testino, seconded by Councilman Hoff and so denied on following roll call vote:
AYES: Councilmen Greene, Hoff, Redmond, Testino
NAYS: Councilmen Calogera, Maher, Councilwoman Panos, President Butler
Prior to the roll call vote the following discussion took place.
President Butler: We have been experiencing some problems with the Bond Counsel. I have called them three times and have had no response and I wish to table this appointment.
MOTION
Motion to table Bond Counsel appointment made by President Butler, seconded by Councilman Maher and so denied on the following roll call vote:
AYES: Councilmen Calogera, Maher, President Butler
NAYS: Councilmen Greene, Hoff, Redmond, Testino, Councilwoman Panos
ABSENT: Councilman Baker
Councilman Calogera: The reason I was in favor of a table was because I don't think that Parker McCay has been responsive to the town. We have had a few problems and I really just wanted to wait until we got some clarification that if we are going to appoint them we can look forward to some type of good working relationship; not returning calls is not the way to do it.
Councilman Maher: Is it a fact that you have tried to reach out to them several times and you have not heard back from them?
President Butler: That is correct. I started to try and contact them last week and I still have had no response. I am just trying to clarify going forward that we do not have the same problems that we have had with them in the past.
Councilman Maher: I am very uncomfortable with their lack of responsiveness. We did have a letter from the Township Clerk saying that they were very unresponsive to the needs of the department. They were constantly making copies and overnighting material to them, duplicate copies, which was an additional expense to the town. I know that Mr. Ruggierio reached out to them. I am especially concerned that they have not returned calls to the Council President.
Attorney Ruggierio: That concerns me also. Had I been aware of that it would have surprised me because the firm is very responsive to my phone calls. There was a time when we had some serious time pressures, and some issues, but we were advised that they had hired some younger people in the firm and I think that was the reason that they had the problem. Phil Norcross is the managing partner that handles Old Bridge business and he is very responsive to my phone calls. I had a conversation with Mr. Norcross about what I sensed to be displeasure by the Council and he said he would be willing to come before you and discuss the problem as well as meet with the Clerk about coordination problems. Frankly, this is a very good firm and I would recommend staying with them.
Councilman Testino: This appointment is always subject to the contract being passed by the Council. Might I suggest that we pass the appointment subject to that contract and invite Mr. Norcross to a meeting.
Councilman Maher: In all due respect to the Council President, I would like to reconsider the table motion this matter.
MOTION
Motion to reconsider previous table made by Councilwoman Panos seconded by President Butler and so denied on the following roll call vote:
AYES: Councilmen Calogera, Maher, Councilwoman Panos, President Butler.
NAYS: Councilmen Greene, Hoff, Redmond, Testino.
ABSENT: Councilman Baker
Resolution No. 2
ECONOMIC DEVELOPMENT - TERM EXPIRES 12/31/05
Robin Rosen, Patrick Gillespie and Mark Proudman be appointed to the Economic Development Corporation with terms expiring 12/31/05.
Moved by Councilman Testino, seconded by Councilman Hoff, and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Baker
Resolution No. 3
Ethics Board - Term Ending 12/31/05
Rabbi Lubliner be appointed to the Ethics Board for a term ending December 31, 2005.
John Muir be appointed to the Ethics Board for a term ending December 31, 2007
Moved by Councilman Testino, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Maher, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSTAIN: Councilmen Greene, Redmond.
NO VOTE: Councilman Hoff
ABSENT: Councilman Baker
Councilman Testino: I would like to keep all three, Rabbi Lubliner, Rev. Makara and Mr. Muir for the same terms.
Councilwoman Panos: Rev. Michael Makara is no longer in Old Bridge, he left St. Thomas about six months ago.
Councilman Testino: In that case I will withdraw his name and leave a vacancy until we get another resume.
Resolution No. 4
FILM & TELEVISION COMMITTEE - TERM EXPIRING 12/31/05
Kevin Coletti be appointed to the Film and Television Advisory Committee for a term to expire December 31, 2005.
Moved by Councilman Redmond, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None
ABSENT: Councilman Baker
Resolution No. 5
HUMAN RELATION COMMITTEE - TERM EXPIRING 12/31/05
Shailesh Parmar be appointed to the Human Relations Commission for a term ending December 31, 2005
Moved by Councilman Redmond, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Hoff, Maher, Redmond, Testino, President Butler
NAYS: Councilwoman Panos
ABSTAIN: Councilman Greene
ABSENT: Councilman Baker
Prior to the roll call vote the following discussion took place:
Councilwoman Panos: I have a comment. There is a draft of the Council Appointments with names on the sheets. It appears that everyone has this draft with names as to who is going to make the nominations. That is not on mine or Mr. Greene's. Can I see everyone's copy?
President Butler: I thought it would be smoother to do it this way.
Councilwoman Panos: I was not consulted. I find this so political that every Democrat up here has this draft with the name of the nominee and who will make the nomination next to it.
How about you say anyone have any names to put on the table? How dare you just start naming who is going to name the nominees without having input from everyone; this is a sham. Happy New Year Old Bridge.
Resolution No. 6
HUMAN RELATION COMMITTEE - FILL VACANCY TERM EXPIRING 12/31/03
Denise Valenti be appointed to the Human Relations Commission for a term ending December 31, 2003
Moved by Councilman Testino, seconded by Councilman Hoff and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Hoff, Maher, Redmond, Testino, President Butler.
NAYS: Councilman Greene.
ABSENT PODIUM: Councilwoman Panos
ABSENT: Councilman Baker
Resolution No. 7
OPEN SPACE COMMITTEE - COUNCIL MEMBER TERM EXPIRING 12/31/03
Edward Testino Council member, be appointed to the Open Space Committees for a term ending December 31, 2003.
Lawrence Redmond Council member, be appointed to the Open Space Committee for a term ending December 31, 2003.
Moved by Councilman Maher, seconded by Councilman Hoff and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, President Butler.
NAYS: Councilwoman Panos
ABSENT: Councilman Baker
Resolution No. 8
OPEN SPACE COMMITTEE - RESIDENT - TERM EXPIRING 12/31/05
Susan Blumig, resident, be appointed to the Open Space Committee for a term ending December 31, 2005.
Moved by Councilman Maher, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Hoff, Maher, Redmond, Testino, President Butler.
NAYS: Councilwoman Panos
ABSTAIN: Councilman Greene
ABSENT: Councilman Baker
Prior to roll call vote the following discussion took place:
Councilwoman Panos: I cannot sit here and have everyone's name on things. It is very unfair that the Democrats on this Council have a list of who is to make the nominations when the Republicans do not have a copy of this list.
MOTION
Motion to table this entire Reorganization Meeting made by Councilwoman Panos, seconded by Councilman Greene and so denied on the following roll call vote:
AYES: Councilmen Calogera, Hoff, Maher, Redmond, Testino, President Butler.
NAYS: Councilman Greene, Councilwoman Panos
ABSENT: Councilman Baker.
Mayor Cannon: I would like to know if these lists were distributed by the Democratic Party or the Clerk's office?
Councilman Testino: This is a list from the Clerk's Office.
Mayor Cannon: Only two council members did not get the list with the names filled in?
Councilman Testino: They can make whatever notes on the sheets that they want to.
Councilwoman Panos: Let's give the newspaper a copy of your lists with all the fill-ins.
Councilman Redmond: I will be more than happy to do that.
Resolution No. 9
PLANNING BOARD CLASS III, COUNCIL MEMBER, TERM EXPIRING 12/31/03
Kevin Calogera, Council, be appointed as Class III council member of the Planning Board for a term ending December 31, 2003.
Moved by Councilman Redmond, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilman Greene, Hoff, Maher Redmond, Testino, Councilwoman Panos, President Butler
NAYS: None.
ABSTAIN: Councilman Calogera
ABSENT: Councilman Baker
Prior to the roll call vote the following discussion took place:
Councilman Redmond: I was going to go on that Board, but Kevin and I spoke about it and we agreed because he wanted to continue to serve and I support him in that.
Resolution No. 10
PUBLIC DEFENDER - TERM EXPIRING 12/31/03
WHEREAS, the Township Council of the Township of Old Bridge recognizes that there is a need to employ an Attorney-at-Law to act as Public Defender to give legal advice to those defendants in municipal court who qualify for legal services as an indigent; and
WHEREAS, New Jersey statutes provide that the Township of Old Bridge may appoint an Attorney-at-Law as Public Defender; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.) Requires that the Township of Old Bridge adopt a resolution authorizing the appointment of a Public Defender under the exceptions for "professional services" without competitive bids or the same must be publicly advertised.
NOW, THEREFORE, BE IT RESOLVED by the Township of Old Bridge Council as follows:
- Marc Schram is hereby appointed as Public Defender for the Township of Old Bridge Municipal Court for a one year term; terminating December 31, 2003; and shall be so employed by the Township of Old Bridge and eligible for all benefits to which Old Bridge employees are entitled, except for medical insurance benefits, and shall serve at a salary of $15,000.00 per annum
- This appointment is made without competitive bidding as a "Professional Service", under the provisions of the Local Public Contracts Law (N.J.S.A.40A:11-1 et seq.) In that the services to be rendered by a professional recognized and licensed by the State of New Jersey.
- A copy of this resolution, certified to be a true copy shall be published in the official newspapers of the Township of Old Bridge as required by law.
- A copy of this resolution, certified to be a true copy shall be forwarded to the Township Finance Officer, Township Attorney, Municipal Court Judge and Marc Schram.
Moved by Councilman Greene, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Baker
Resolution No. 11
RECREATION COMMITTEE - TERMS EXPIRING 12/31/04 - 8 MEMBERS
The following members are appointed to the Recreation Committee with a term expiring December 31, 2004. (2 year Terms)
Joseph DeSimone, Robert Pepe, Frances Di Rocco, Joseph Dunn, Gerard Haran, Denis Kilduff, Timothy Kozlak, Janet Phillips
RECREATION COMMITTEE - TERMS EXPIRING 12/31/03 - 7 MEMBERS
The following members are appointed to the Recreation Committee with a term expiring December 31, 2004. (1 Year Terms)
Nancy Calogera, Ray Battagliano, Richard Bezeg, Kevin Ruffler, Paul Taguer, Thomas Stead, Kerry Frew
Moved by Councilman Testino, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, President Butler
NAYS: Councilwoman Panos
ABSENT: Councilman Baker
Resolution No. 12
RECREATION COMMITTEE - COUNCIL LIAISONS - Corrected Copy
The following members are appointed as Council Liaisons to the Recreation Committee with a term expiring December 31, 2004.
Richard Greene, Kevin Calogera, William Baker
Moved by Councilman Testino, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilmen Hoff, Maher, Redmond, Testino, President Butler
NAYS: Councilwoman Panos
ABSTAIN: Councilmen Calogera, Greene
ABSENT: Councilman Baker
Resolution No. 13
TAX ASSESSMENT SEARCH OFFICER - TERM EXPIRING 12/31/03
Rose-Marie Saracino be appointed Tax Assessment Search Officer for a term ending December 31, 2003.
Moved by Councilman Redmond, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None
ABSENT: Councilman Baker
Resolution No. 14
TAX SEARCH OFFICER - TERM EXPIRING 12/31/03
Carol Sereda be appointed as Tax Search Officer with a term expiring December 31, 2003.
Moved by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler
NAYS: None.
ABSENT: Councilman Baker
Resolution No. 15
UTILITIES AUTHORITY MEMBER - TERM EXPIRING 1/31/08
Martin Michael Connors, be appointed to the Municipal Utilities Authority for a term ending January 31, 2008.
Moved by Councilman Maher, Seconded by President Butler, and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler
NAYS: None.
ABSENT: Councilman Baker
Resolution No. 16
MUNICIPAL UTILITIES AUTHORITY - ALTERNATE
David Merwin be appointed as an alternate to the Old Bridge Municipal Utility Authority for a term ending January 31, 2005.
Moved by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Greene, Hoff, Maher, Redmond, Testino, President Butler
NAYS: Councilman Calogera, Councilwoman Panos
ABSENT: Councilman Baker
Prior to the roll call vote the following discussion took place:
Councilwoman Panos: Mr. Butler, how are you calling this one, C-36 Utilities Authority or are you calling on Mr. Maher to do what he is told? Mr. Butler can I have the second nomination since my name is not on the list?
Prior to the roll call vote the following discussion took place:
Councilwoman Panos: I would like to comment on Dave Merwin. We get his resume tonight he lives in your Ward, Joe? Where is South Old Bridge represented? I don't see Mr. Merwin's; I see Michela Lane's resume in here. Nice going guys. He gets benefits with this position too and he did not even submit a resume.
Councilman Calogera: I am going to ask the Clerk to advise what is on the table.
Councilman Hoff: Alternate member being vacated by Mike Connors elevation to the Board.
Resolution No. 17
ZONING BOARD OF ADJUSTMENTS - TERM EXPIRING 12/31/06
Kiran Desai be appointed to the Zoning Board of Adjustment for a term ending December 31, 2006.
Moved by Councilman Hoff, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene. Hoff, Maher, Redmond, Testino, President Butler
NAYS: None.
ABSENT PODIUM: Councilwoman Panos
ABSENT: Councilman Baker
Resolution No. 18
ZONING BOARD OF ADJUSTMENTS - TERM EXPIRING 12/31/06
Richard Schwartz be appointed to the Zoning Board of Adjustment for a term ending December 31, 2006.
Moved by Councilman Testino, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Hoff, Maher, Redmond, Testino, President Butler
NAYS: Councilman Greene
ABSENT PODIUM: Councilwoman Panos
ABSENT: Councilman Baker
Resolution No. 19
ZONING BOARD OF ADJUSTMENTS ALTERNATE MEMBER - TERM EXPIRING 12/31/04
Patrick Piscitelli be appointed as Zoning Board of Adjustment Alternate for a term ending December 31, 2004.
Moved by Councilman Testino, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Hoff, Maher, Redmond, Testino, President Butler
NAYS: Councilman Greene
ABSENT PODIUM: Councilwoman Panos
ABSENT: Councilman Baker
Prior to the roll call vote the following discussion took place:
Councilman Greene: I just want to voice my protest that Dina Miller was not reappointed to the Zoning Board. She is someone who has been on that board for many, many years and has a great deal of expertise and I think it is unfortunate that the majority of the Council has not reappointed her.
Councilman Calogera: I also would like to thank Ms. Miller, I think she did a good job.
Resolution No. 20
DESIGNATING OFFICIAL NEWSPAPERS
The Home News Tribune is the official newspaper of the Township of Old Bridge and the Star Ledger and the Suburban are the secondary newspaper for advertising.
Moved by President Butler, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler
NAYS: None.
ABSENT: Councilman Baker
Resolution No. 21
DESIGNATING DEPOSITORIES
The Chief Financial Officer is directed to use this cash management plan as the guide in deposition and investing Old Bridge Township's funds.
The following are authorized as suitable investments:
- Interest-bearing bank accounts and certificates of deposit in authorized banks, listed below for deposit of local unit funds.
- Government money market mutual funds as comply with N.J.S.A. 40A:5-15.1(e).
- Any federal agency or instrumentality obligation authorized by Congress that matures within 397 days from the date of purchase, and has a fixed rate of interest not dependent on ay index or external factors.
- Bonds or other obligations of the local unit or school district of which the local unit is a part.
- Any other obligations with maturities not exceeding 397 days, as permitted by the Division of Investments.
- Local government investment pools which comply with N.J.S.A.40A:5-15.1(e) and conditions set by the Division of Local Government Services.
- New Jersey State Cash Management Fund.
- Repurchase agreements (repos) of fully collateralized securities which comply with N.J.S.A.40A:5-15.1(a).
The following banks are hereby designed as legal depositories for the Township of Old Bridge for a term ending December 31, 2003:
Amboy National Bank Bank of New York Cenlar FSB Columbia Savings BankCommunity Bank,First Savings & Loan of PA First Union Fleet Bank N.J. ARM NJ Cash Mgt. Fund Ocwen Fed. Savings Penn Fed Savings & LoaP.N.C. Sovereign Bank Trust Company Commerce Bank NA Fleet Bank NJ Management Unit TrustNJ Proceeds Management Program Unit Trust USARBOUR Financial/Amherst Securities
Also, the following brokerage firms and dealers whom the designated officials may deal, should be included:
First Albany Corp Fleet Securities CIDC Oppenheimer & Co. PNC Capital Markets Chase Manhattan Bank Commerce Capital Amherst Securities Group Salomon Smith Barney TGH Securities
Each month, the Chief Financial Officer shall prepare a report for the Township Council that consists of the following:
- A summary of all investments made or redeemed
- Any and all financial institutions holding local unit funds
- The class or type of securities purchased of funds deposited
- Income earned on deposits and investments
- Market value of investments and disclosure and how the value was determined
- A listing of accounts or deposits that do not earn interest
The approved cash management policy is an integral part of this document. A copy of the Plan is attached.
Any official involved with the selection of depositories, investments, broker/dealers shall disclose any material business or personal relationship to the governing body and to the Local Finance Board. (or local ethics board if applicable).
Any official who in the course of his or her duties deposits or invests in accordance with the plan shall be relieved of any liability for loss of investment.
The Chief Financial Officer of the Township of Old Bridge, and his designees are hereby authorized and directed to deposit and/or invest the funds referred to in the Plan.
Moved by Councilman Hoff, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Councilwoman Panos, President Butler.
NAYS: None.
ABSTAIN: Councilman Testino
ABSENT: Councilman Baker
Resolution No. 22
ESTABLISHING INTEREST RATE ON DELINQUENT TAXES
WHEREAS, R.S. 54:4-67 permits the governing body of each municipality to fix the rate of interest to be charged for nonpayment of taxes or assessments subject to any abatement or discount for the late payment of taxes as provided by law;
WHEREAS, RS 54:4-67 permits the governing body of each municipality to fix the rate of interest for the nonpayment of other municipal liens and solid waste utility charges; and
WHEREAS, RS 54:4-67 has been amended to permit the fixing of said rate of 8% per annum on the first $1,500.00 of the delinquency and 18% per annum on any amount in excess of $1,500.00
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows:
1. The Tax Collector is hereby authorized and directed to charge 8% per annum on the first $1,500.00 of taxes becoming delinquent after due date and 18% per annum on any amount of taxes in excess of $1,500.00 becoming delinquent after due date, subject to any abatement or discount for the late payment of taxes as provided by law.
2. The Utility Revenue Collector is hereby authorized and directed to charge 8% per annum on solid waste utility charges becoming delinquent after due date.
3. No interest shall be charged if payment of any quarterly tax payment is made within ten (10) days of the date upon the same becomes payable.
4. In connection with any delinquency of taxes, assessments or municipal charges in excess of $10,000 which has not been paid prior to the end of a fiscal year, there shall be imposed a penalty in the sum equal to six (6%) percent of the delinquency in excess of $10,000.
5. With respect to tax certificates held by the municipality in excess of the sum of $200, the following additional penalties shall be charged: two (2%) percent on the amount due over $200 up to $5,000; four (4%) percent of the amount due over $5,000 up to $10,000; and six (6%) percent on the amount in excess of $10,000.
6. Any payments not made in accordance with paragraph two of this resolution shall be charged interest from the due date, as set forth in paragraph one of this resolution.
Moved by President Butler, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, President Butler
NAYS: None.
ABSENT PODIUM: Councilwoman Panos
ABSENT: Councilman Baker
Prior to the roll call vote the following discussion took place:
Councilman Calogera: Before we vote can someone tell me what we are establishing the rate at?
Himanshu Shah: It is 8% on the first $1500.00 and 18% anything above.
Councilman Calogera: Is that in line with other towns?
Himanshu Shah: Yes.
MAYORAL APPOINTMENTS
Mayor Cannon: I just want to advise that we did advertise committee openings and we did receive some resumes. I still have some openings and will be working to fill them.
Cable TV Committee. 1. Eugene McLaughlin
- Tony Paskitti
- Fred Todisco
- Vacant
- Vacant
Cultural Arts Committee 1. Sharon Colucci
- Eileen Powers
- Eleanor Whitaker
Economic Development Corp. 1. Joe Arena
Environmental Commission 1. Henry Owen
- Susan Knauf
- Remi Oki (Alternate)
Fair Rent 1. Donald Canastra
- Anthony Spirito
- David Wilson
- Tracy Hildreth
- Steve Brunell
- Paul Cohen
- Alda Karim
- Stuart Simon
- George Grieco
Historic Preservation 1. Lorraine Shelters
- Brenda Sharpe
- Romish Tewari
Housing Authority 1. Mary Sohor
Human Relations 1. Priscilla Grossmann
- Robert May
- Carrie Shreder
Open Space 1. Blanche Hoffman
Parking & Transportation 1. Tom Walker
Planning Board 1. Robert Heims
- Ernest Schmitz
- Roman Sohor
- Frank Weber
Resolution No. 23
LIBRARY MEMBER
The Council hereby confirms Mayor's appointment of Mary Chamberlain to the Library Board for a term ending December 31, 2007.
The Council hereby confirms Mayor's appointment of Scott Glazer to the Library Board (to fill a vacancy) for a term ending December 31, 2006.
Moved by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Panos, Testino, Councilwoman Panos, President Butler
NAYS: None.
ABSENT: Councilman Baker
Resolution No. 24
YOUTH GUIDANCE COUNCIL - BOARD OF EDUCATION MEMBER - TERM EXPIRING 12/31/05
YOUTH GUIDANCE COUNCIL - RESIDENT MEMBER - TERM EXPIRING 12/31/05
The Council hereby confirms the Mayor's appointment of Albert DI Rocco ,Board of Education Member, be appointed to the Youth Guidance Council with a term to expire December 31, 2005.
The Council hereby confirms the Mayor's appointment of John Guarliaccio, Resident be appointed to the Youth Guidance Council with a term to expire December 31, 2005.
Moved by Councilman Hoff, seconded by Councilman Redmond and so moved on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Baker
Resolution No. 25
RESIGNATION FROM ECONOMIC DEVELOPMENT COMMITTEE
The Township Council accepts the resignation of David Merwin and Kiran Desai from the Economic Development Committee effective immediately.
Move to accept resignation made by Councilman Calogera, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Baker
Resolution No. 26
APPOINTMENT TO THE ECONOMIC DEVELOPMENT COMMITTEE (UNEXPIRED TERM)
Appointing Michael Spina to the Economic Development Committee for David Merwin's unexpired term. Term ending December 31, 2003.
Moved by Councilman Redmond, seconded by President Butler and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, President Butler.
NAYS: Councilwoman Panos
ABSENT: Councilman Baker
Resolution No. 27
APPOINTMENT TO THE ECONOMIC DEVELOPMENT COMMITTEE (UNEXPIRED TERM)
Appointing Rajendra Patel to the Economic Development Committee for Kiran Desai's unexpired term. Term ending December 31, 2004.
Moved by Councilman Redmond, seconded by President Butler and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, President Butler.
NAYS: Councilwoman Panos
ABSENT: Councilman Baker
DISCUSSION RESOLUTION
DR 1 - BUDGET AMENDMENTS
Himanshu Shah: I met with Councilmen Greene and Maher and we discussed a number of items and we came up with an amendment to the proposed budget that will reduce the levy increase from 12 cents to 10 cents. If there are any further amendments we can discuss that now, but this sets the tax rate at 73 cents per 100, this reduction includes the State aid that we have received. Whatever the decision you make tonight will impact on our sending out the tax bill for the first quarter because we are very close to the deadline date for mailing. If you do not vote on the amended budget tonight and adopt it next week, then we will have to issue first quarter temporary tax bills and then final when you adopt the budget.
Councilman Greene: I was told when I got here this evening that there was a press conference regarding the budget. If that is correct, I think that it is very unfortunate and political grandstanding because quite honestly this budget was one that I was very proud of due to the fact that both Democrat and Republican council members worked with Administration and came out with something that works for the township. For some council members to grandstand and do a press release on their own, I really think it is a shame because I thought that this was a unified attempt to put together a budget that worked. For certain individuals to get up there and take credit, and in some cases credit for absolutely no input, I really take exception to that and I want the residents to know that this was a budget that will be voted on by nine individuals both Republican and Democrat and I certainly as well as Lucille have our stamps on this as well as anyone else. Also, I have a question in regard to the memo we received it states that salary adjustment has been reduced by and additional $150,000.
Himanshu Shah: We had $790,000, which was reduced to $509,000, if you recall when we had a meeting we agreed that we would reduce it by $50,000 based on certain changes in positions and in subsequent conversations with Councilman Maher, his recommendation was and there were two changes, initially one for $50,000 and subsequently based on his recommendation we further reduced it by $150,000 and restored two positions that were eliminated.
Councilman Greene: When I left the bargaining table, I was under the assumption that if I was going to support the hiring of an animal control officer, then the person who works for the assessor would have his job funded through June 30th as well as these jobs and I quite honestly cannot vote on this budget unless that job is restored because that is the way I left the agreement. The other thing is I don't know why there is $75,000 in for the animal control office.
Himanshu Shah: I can explain that to you. If you recall the entire year a deficit was anticipated in animal control in the amount of $75,000 based on the current status of employees working in that position and if you recall we did a temporary amendment in December, hoping that the budget would be adopted by then and a decision made. We always needed $37,500 to do that regardless of what you decide regarding the department. The additional $37,500 is to carry the department as is thru the end of June; $75,000 was always needed to fund that department.
Councilman Greene: So in other words, the Council is restoring three positions if my amendment is accepted for the assessor, it will be two positions in animal control and one person in the arena. The money that went from the lump sum of $790,000 to $509,000 does that include funding the hires; does it include anything else that I am not aware of?
Himanshu Shah: Basically by reducing that $200,000, we are reducing the amount to be raised by taxation and as I indicated to all of you the rate reductions because the County the adjusts and rounds up the rate, it will not have any impact on the tax rate but it will reduce the total levy by that total amount.
Councilman Greene: By going further on that amount, there is a possibility that we will have to go for an emergency appropriation later on in the year?
Himanshu Shah: I tried to caution the Council about that, that if the settlement occurs through this fiscal year, and it is beyond what we have budgeted for, and if we have to pay additional money, yes, you will have to adopt emergency appropriations. If not and it happens in the following year, then you will have to put money in next years budget to cover for this year's gap.
Councilman Greene: The jobs that were being held vacant, one was going to be filled in March and several others in June, is that still going to happen?
Himanshu Shah: The amendment that I have sent to the Council indicated that we were going to keep those positions and fill them in June. Councilman Maher indicated to me tonight that he wants to eliminate all the positions except the legal department.
Councilman Greene: I don't mind leaving the positions there because the Council has expressed the fact that they want a hiring freeze and come June 1st if you want to revisit that then you can.
Councilman Testino: You can also transfer the money if you want.
Himanshu Shah: It is up to you we can adjust the amendment to reflect that and reduce the levy by $22,000 which is estimated to impact. Just keep in mind that regardless of what you do with that, the tax rate will still remain at 10 cents.
Councilman Greene: It is an insignificant amount of money and if Administration wants to revisit that and hire in June then they can.
Councilman Maher: A point of clarification, this has been a very difficult process. I do think that the nine Council members have all had input in varying degrees with respect to scrutinizing this budget and participating in the budget swat teams. The process took a little bit longer than we anticipated and I am glad that we did hold out for additional aid from the State.
In this budget we are proposing right now, we are eliminating or cutting several part time positions. We are eliminating part time positions in engineering, MIS department, public works, public safety; we are cutting some interdepartmental spending requests. I am asking the Council to consider that we did put a freeze on several vacancies with the exception of the opening in the legal department. We are reducing the mayor's budget by $724,000. I would like to move forward the amendment as submitted with the exception of putting back the money for the position in the assessors office for the second half of the year, which is approximately $15,027. The other positions will remain frozen.
Councilman Hoff: When did we exclude the legal department from the freeze?
Councilman Maher: I am only proposing right now.
Councilman Hoff: Himanshu is saying this is a done deal, am I correct?
Councilman Maher: I am saying we put a freeze on the hiring in the engineering department, two public safety positions, the tax collector position and the road department position. We will strike these from the year SFY 2003 budget and include them next year which is an additional savings of $22,000. However, we are adding $15,000 for the position in the assessors office so it would be a net reducing the budget by $731,000, if this amendment moves forward. I also need to know, several weeks ago I did pose the question with respect to increasing revenues by proposing an advance or accelerated tax sale.
Himanshu Shah: I spoke to you and explained to you that accelerated tax sales are good for those towns that have a tax collection rate in the 80's or low 90's. We are at 99% collection rate. I don't think it is a good idea to do this because once you go into the accelerated tax sale, you are stuck with it and it is a very difficult process and I would not recommend it. We are not at 90% collection rate, it will not benefit us as it would those towns who are at a low collection rate.
Councilman Maher: Could you research this more, because it has been brought to my attention and I don't know what the collection rates mean? Three prominent Middlesex County towns, Edison, Woodbridge and Milltown have passed resolutions with respect to the advance tax sale.
Himanshu Shah: I can inquire about their collection rate prior to that because obviously after they started that process the rate would be different. I will ask for the last 5-10 year rates to see where they are and why they considered doing it.
Councilman Maher: I would like to get that opinion before next Monday's meeting.
Himanshu Shah: You have my recommendation on this request and if you want another opinion then you can send a letter requesting that information. I will try to get information from the other communities that you mentioned, but I cannot guarantee it because sometimes we do not get requested information from other municipalities.
Councilman Maher: I think that if in fact we can accelerate our collections, in our delinquent tax area and make it a receivable sooner in the fiscal year 2003 then we will have more revenue.
Himanshu Shah: Keep in mind, that if you do an accelerated tax collection rate and you increase your collection rate you must realize that you have to reduce in revenue what you anticipate from delinquent taxes because that obviously co-relates to each other so your net result will be of no benefit to us.
Councilman Maher: You just made a statement that our collection rate is 99%, but it is fact that in our budget you are only anticipating collecting at 97%, so you are underestimating our collections.
Himanshu Shah: We always recommend that as a safety net should the collection rate drop and then we won't be caught in a situation like we were in 1992 and we had a cash deficit.
Councilman Maher: Can I ask that through the Mayor's office you give us your opinion in writing with respect to the advance tax sale and you are going to reach out to the finance directors of those three towns and let us know what their collection rates are now.
Himanshu Shah: I have given you my opinion, but I have no problem putting it in writing.
Councilman Maher: I want to get Gene Farrell in here, I would like to get an opinion from him. Not to say that we are going to do this, but I want to get a look at it and possibly we can improve our revenue stream for next year.
Councilman Hoff: I am not sure that the wage and job freeze has or will do us any good.. If the freeze stays in effect for the police, public works, this department, that department and now you open the door and say that we will hire in the legal department because we need someone, my question is how do you figure where you need and where you don't need if we have a freeze in effect?
Mayor Cannon: First of all it is administration's responsibility to evaluate staffing and make recommendations. We held these positions open, some as far back as August and gave you the opportunity to cut out some of the dollars that were saved because we did institute a freeze basically other than hiring the police officers and two people within the dispatch office, those are the only replacements we have made since July 1st. As far as the other positions, we made a decision to hold them open until we got a budget or saw what the State aid would be. I wrote you a letter indicating that at least three of those positions were certainly very much needed, including Rocky's department because of the snow and being down one laborer creates problems. Also, the engineering office is short an engineer and trying to do in-house he is short staffed. However, recognizing the predicament that we are in we will live with the June 1st date, but with the legal department, you have very skeleton crew to begin with and for you to expect Bill, a one man show to do all the legal work that this town is involved with, I think is unrealistic and in the end it will cost us a lot more money and lot more problems. I just want to remind you that the in-house legal office was voted on by public referendum in 1998 in which the people spoke out 2-1 that they wanted to maintain an in-house legal department and it was staffed at that time exactly how it is now, with an attorney, an assistant attorney and two secretaries. I think that you would really be thumbing your nose at the public to do anything less than keeping that office at full staff. We have agreed to wait until March 1st to hire someone so you will be able to recognize some savings as a result of that.
Councilwoman Panos: I just want to remind Joe that you were on the Council that tried to get rid of the legal department and it did go before the people and part of this was to stop political patronage that goes with that, so we have an in-house legal department just as it is, so that is why we should keep it so the public does not get the impression that there are political games being played here.
Councilman Testino: I thought that Mr. Maher's proposal was to recommend exactly what the Mayor was asking for. I think that we are all in agreement that March 1st is a good date for the new hire. You are saying Mr. Shah that the collection rate is 99% but we are only anticipating 97.1% collection rate.
Himanshu Shah: The collection rate is based on all the taxes, fire district, school, everything we collect.
Councilman Testino: So everything that we collect above the 97.1% falls to surplus for the next year, correct?
Himanshu Shah: That is correct, the collection rate is based on all the taxes that we collect for all the agencies and the reason is that we guarantee all these agencies 100% payment regardless of whether we collect or not. We get a little benefit by doing the collection work and we get hit when we don't collect.
Councilman Testino: The bond companies know that this is a little benefit and we are not touching it because the bond companies don't want us to touch it, is that right because that keeps our revenues up and keeps them happy.
Himanshu Shah: Bond rating agency will look negatively when you start adjusting collection rate percentages. They have been very pleased till this point and have awarded us excellent bond ratings.
Councilman Testino: This gap between the 97.1% and the 99% represents additional revenue to the town, correct?
Himanshu Shah: If we do make the collection rate as we are, the excess does go into surplus which we use in coming years. As of this date we are on target for our collections and should make the 99% rate.
Councilman Testino: I just want to make sure that everything we are doing in this amendment is going to be run by the two bond companies in the next week to make sure that they are not going to be dissatisfied because nothing here should disturb it.
Himanshu Shah: I agree with you and I commend the council for making adjustments by cutting expenses and not adjusting revenues.
Councilman Testino: Is it your opinion that you are using the extraordinary aid from the State in an appropriate way to suppress the tax rate and you are satisfied that these cuts will give us a fiscally sound rating with the bond agencies?
Himanshu Shah: I believe so. I believe that Councilman Greene and President Butler will attest to that and that there were certain areas where they did not want us to make any changes. I think that we are concurring with them and I will certainly follow through with your request to run the information by the bond agencies.
Councilman Testino: We have not touched on the potential ratables. I saw the memo by Mr. Enright and he is not sure on the status of the Globe Span matter.
Mayor Cannon: I don't have a current update, they had withdrawn the request for a tax abatement because they did not seem to think they could make the requirements that we had laid out. I think they are in the process of leasing out the building, but they have not applied for a final CO yet.
Councilman Testino: Does that mean that we can or cannot anticipate the ratable?
Mayor Cannon: Brian did say that if you want him to come in, he could discuss that as well as others. Brian did not feel that we could anticipate this as a ratable at this time.
Councilman Testino: Well it is either going on line or not. The building is 90% complete as I understand it.
Mayor Cannon: I think there are other extenuating circumstances that he feels need to be discussed in Executive Session.
Councilman Testino: Let's have him come down here next meeting to discuss this, because that is a $300,000 kicker. I don't feel that I am getting any information here.
Mayor Cannon: I did follow-up on your inquiries to Mr. Enright and we asked the same questions you are asking and we were basically told that everything is very much up in the air as far as the judgment and he cannot give any definitive answer as to when these dollars would be coming in even if we are successful in the appeal.
Councilman Testino: I understand what he will do about the judgments and I understand that he is being very cautious in that regard, but as far as a building that is 90% complete he can come down here and tell us whether he plans to put it on the tax rolls or not.
Mayor Cannon: I believe it is under appeal.
Attorney Ruggierio: I don't think that we want to answer that in public. I think that we need to speak in executive session because there are certain strategies associated with the way we handle these things.
Councilman Testino: If your strategies are going to allow us to anticipate the money let's discuss it in executive session.
Councilman Greene: I would like to take a separate vote on the assessor.
Himanshu Shah: I would request that if that is your decision, I suggest that you take a vote and then I will prepare a resolution to cover all the items so that we have one resolution amending the budget.
Councilman Greene: I have one other concern, there is money equivalent to 3.5% pay raise for the employees, the money that was taken out of that pot, I have a serious concern. If you cut that money, it does not affect the tax rate, the residents will not benefit from it, what it does, is there a good possibility that down the road , April or May we are going to need that money. There will have to be an emergency appropriation and it gets rolled into the following year and I have a concern with that. If it does not mean anything for the residents as far as the tax decrease, if its only a number, I cannot support it.
Himanshu Shah: Part of that money was used to restore the three positions and the balance will end up in surplus and you will use it next year. What happens is the tax point is $300,000 and if you cut and levy by $200,000 that is not enough to make a full point tax cut, so essentially the $200,000 will end up an additional tax levy because the rate will round up and we will collect that.
Councilman Greene: If that is the case, then I am satisfied.
Councilman Redmond: I think this is the hardest year that I have seen on the Council with regard to the budget. I did meet with Himanshu and Rich Greene and I have to commend Himanshu and my council colleagues for the work that they did. The hard part about this whole process is due to the state the economy is in. People are losing the life savings in the market; the senior citizens are not getting increases in their social security, and now we are raising their taxes $20.00 a month and that is not counting the forthcoming school tax increase. Where do we go from here; and what are the projections from us for the next five years? Year after year we go through this process, we put all this energy into it and we have no plan for the future. There has to be some other way, but I support the amendments and as hard as this year was we have to go along with it.
Himanshu Shah: I just want to say that this year there was much better communication and dialogue and I think although the budget was delayed it was much better this year.
President Butler: I just want to thank the council members that were involved. They worked tirelessly with administration and it is probably the second most difficult budget that I have ever worked on, the worst one being in 1992. I just want to thank everyone for their input.
Are their any bright spots? Yes, the two bonding companies that we spoke to about three weeks ago, we committed to increase that surplus and we definitely need to stay on track to do that because if we don't come next year they are going to want to lower our bond rating.
Mayor Cannon: I do just want to say that all the years I have been mayor, this is the first year that you guys have actually cut the operating portion of the budget. Trying to be positive, you also see that it is an extremely tight budget that we are really running at minimum staffing and producing a lot of services and programs for our residents. I share a lot of Councilman Redmond's frustration, but as long as we have property tax as the only means to raise dollars for the schools you are going to have problems. Certainly more ratables, which we are all working for through the EDC, hopefully will make it a better situation and help continue to stabilize the situation here in our town. Working together and convincing the bonding company that we were sincere in our efforts in building up the surplus and not touching the reserves was certainly a move in the right direction. I do thank President Butler and certainly Councilman Greene for working on that with Councilmen Redmond and Maher.
Councilman Maher: I would like to move SFY 2003 Budget Amendment No. 2, dated January 3, 2003 by Himanshu Shah in its entirety with the exception of adding $15,027.00 to cover the second half of the year for an employee in the assessor's office; to freeze the positions in engineering, public safety, tax collection, road and other public safety position, rather than backfilling and rehiring them in June 2003. We will rehire them in SFY 2004, which will be a net reduction in the budget to be raised by taxation is $731,000.00.
Himanshu Shah: I will need about five minutes to make these changes.
Motion
Motion to take a 15 minute recess made by Councilman Testino and seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Baker
Meeting reconvened at 8:40 p.m.
Roll call vote by Deputy Clerk Ward showed the following answering present: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
President Butler: Mr. Shah will you read the amendment for the record.
Himanshu Shah: I will just read the total appropriations will be adjusted from $42,277,028.00 to $41,679,821.00 and the amount to be raised by taxation will be adjusted from $23,036,933.00 to $22,305,693.00. The public hearing will be held on Monday, January 13, 2003. The amendment will be advertised and will be sent to the Division of Local Government Services for their final appointment.
Resolution No. 28
WHEREAS, the local municipal budget for SFY 2003 was introduced the 9th day of September 2002; and
WHEREAS, the public hearing on said budget has been held as advertised; and
WHEREAS, it is desired to amend said introduced budget.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the amendments to the introduced budget of SFY 2003 be made as per the attached.
BE IT FURTHER RESOLVED, that the proposed amendments will be advertised in the Home News Tribune on Thursday, January 9, 2003;
BE IT FURTHER RESOLVED, that the public hearing will be held on the proposed amendments on Monday, January 13, 2003;
BE IT FURTHER RESOLVED, that three certified copies of this resolution be filed forthwith in the office of the Director of Local Government Services for his certification of the 2003 local municipal budget so amended.
Motion to accept proposed amendments to the municipal budget made by Councilman Maher, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, CouncilwomanPanos, President Butler
NAYS: None.
ABSENT: Councilman Baker
Motion
Motion to adjourn made by Councilman Testino, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ABSENT: Councilman Baker
_____________________________
Reginald Butler, Council President
______________________________
Rose-Marie Saracino, Township Clerk
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