OLD BRIDGE TOWNSHIP COUNCIL

COMBINED MEETING

January 27, 2003

A Combined meeting of the Township Council of the Township of Old Bridge was held on January 27, 2003 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 February 3, 2003 at 6:30 p.m.

Roll call at 7:30 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Baker, Calogera, Greene, Maher, Redmond, Councilwoman Panos, President Butler. Councilman Testino arrived late. Councilman Hoff was absent.

APPROVAL OF MINUTES

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

RESOLUTION #59-03

WHEREAS, the following minutes are hereby approved:

October 14, 2002 - Regular December 2, 2002 - Agenda
October 21, 2002 - Agenda December 9, 2002 - Regular
October 28, 2002 - Regular December 16, 2002 - Combined

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino.

Bill List

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

RESOLUTION #60-03

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 January 27, 2003 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 January 27, 2003 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 $8,560,774.87(General Fund)

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino.

Bill List

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

RESOLUTION #61-03

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 January 27, 2003 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 January 27, 2003 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 $689,060.46 (Payroll).

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino.

Bill List

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

RESOLUTION #62-03

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 January 27, 2003 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 January 27, 2003 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 $75,935.89 (Overtime).

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

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

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

ABSENT: Councilman Hoff.

Prior to the vote the following discussion took place

Councilwoman Panos: Why is there overtime for flooding?

Mr. Donatelli: It was for the snow plowing and sanding of roads.

Councilwoman Panos: Why are we removing snow and ice from Hollywood Video?

Mr. Badcock: We do the walk by the OB Senior Center, the sidewalk in front of Vets' Park, the South Old Bridge Recreation Center. There are other properties that we do.

Councilwoman Panos: This report states that you are 150% over budget for overtime.

Mr. Badcock: We are because the numbers are unrealistic for the obligations that we have. If there is anything that anyone can find that is superfluous, please let me know. This was all required work.

Councilwoman Panos: On the monthly report for overtime in the police department the ranks are not listed. I would like that on this list.

Ms. Shepler: I will make that request.

Councilman Redmond: Was the flooding the sluice valve issue?

Mr. Badcock: Yes and we have had the repair sped up, they should do it by mid-February.

Councilwoman Panos: Did Ms. Shepler ever get a response from the Chief on her memo of January 14^th.

Ms. Shepler: Yes. I will distribute it this week.

Report of the Attorney

1. The Hallock trial has been postponed to the week of March 10, 2003. This is a peremptory date.

2. Judge Longhi has set a trial date in the Woodland Trails/Cedar Ridge case for September 14, 2003. Judge Longhi sent us out to a judge for pre-trial management and we will be working on the environmental experts reports. As of Friday, Judge Longhi allowed us to present the environmental remediation cost as a deduct from the value.

3. The Kaplan matter will be discussed in Executive Session.

4. Along with the Attorney for the Golf Center, we have mutually agreed to put off the Golf Center case for six months so that discovery can be completed.

5. We won the Cablevision motion. There was a denial of the motion for summary judgment by Cablevision. I will be meeting on January 30^th with the attorney for Cablevision to see what discovery needs to be done and any stipulations which can be worked out. There will be a hearing before the Board of Public Utilities and also a public hearing at one of our council meetings. The administrative law judge will come here and entertain comments from the public on certain issues.

6. The Lambertson closing is still on for February 6, 2003.

Attorney Ruggierio: I would like to add something to the executive session tonight. Council pulled a bill off the bill list two meetings ago for a lawyer named James Damato, that is something that I would like to brief the council about. At the last meeting I understand that you made a ruling concerning releasing executive session minutes at the request of Mr. Merwin. I have had discussions with Mr. Merwin and he is in agreement that the council declare that those executive minutes are not a public record but indicate that they be made available to Mr. Merwin or Attorney or other Township Officials that need to deal with the substance of it. I don't think that he meant for them to be declared public records and I am in full agreement with that, that is how it should be handled. At some point tonight I would like to you formalize the fact that they are not public record.

Councilman Baker: Is it possible that we get a copy of this report when the packet goes out to council and not receive it the night of the meeting?

Attorney Ruggierio: I gave this to the clerk on Friday.

Councilman Baker: When does the packet go out?

Deputy Clerk Ward: Friday morning.

Councilman Baker: I request that we get this report earlier.

Attorney Ruggierio: Fine I will give it in Thursday, but I will qualify it by saying that there may be things that will come up on Friday.

Councilman Redmond: I noticed in the Cablevision papers it says that we gave them a five year renewal and then it was upped to seven years. When did that happen?

Attorney Ruggierio: That didn't formally happen, but I told the judge in my brief that this litigation has been pending for two years and I said that it wasn't unreasonable that if the judge was going to make a decision on the term to determine that it should be seven years. The reason I did that is because; under Federal Law, three years before the franchise renews, you have to entertain ascertainment proceedings and I was concerned that with a five year renewal and two years already bled off, that we would be right on top of that ascertainment proceeding and that would work to our detriment. I think that you should as a council make it seven years for those very reasons that I just said.

Councilman Redmond: Suppose that we were to notify Cablevision that we didn't wish to renew, when would we have to notify them?

Attorney Ruggierio: If council has sufficient basis to take such a drastic action, you have to conduct ascertainment proceedings three years before the cable franchise renewals, so that would be three years from now, we are just about up on the time limit. You don't make a judgment three years before that you are not going to renew but you need to justify the termination of the franchise. I doubt that without something gross, that would ever be sustained in NJ.

Councilman Redmond: Will the administrative judge to hear complaints about the level of service that is being provided and as to their responses to residents complaints and their refusal to keep a facility in town?

Attorney Ruggierio: Yes. Besides all that statutory standards that the judge has to use to determine if the cable franchisee is meeting its obligations, he can also determine and recommend to the franchising authority the conditions under which this should be renewed. If the judge kept hearing continuously the same complaint, he might incorporate that into his findings.

Councilman Redmond: Can we get a list of the items that the judge would consider relevant and put them on OBTV and the website, so that the residents know what they can come and speak about.

Attorney Ruggierio: Yes.

Councilman Redmond: I think that we will need to have this in a larger room. I would expect there will be a lot of residents.

Attorney Ruggierio: I put this on tonight because I wanted to go over my strategy in the litigation on February 24^th. I think that we should take the issues that we can reach agreement on and do that and then we can concentrate on the items that we are going to litigate. I think that after we have a strategy session in February, then we will make a full court press to go to the public for their comments.

Councilman Testino: When are we going to hear about the contact with the opposition in the Woodland Trails matter?

Attorney Ruggierio: Tonight, in executive session.

Councilman Testino: The cable company is getting exactly what they want by dragging this thing on, they want a ten year term and now you want to give them seven by conceding the issue. I think that we should move into the ascertainment proceedings, so that they know that we are serious about the five years, I think that from an attorney's point of view you may think this is the way to go but I for one feel that Cablevision is rough riding us into this legal proceeding knowing that there is no judge in NJ that is likely to overturn their franchise unless we take the ascertainment proceedings. We didn't renew at first because we thought that they weren't given us good services and we took them on and we didn't give them the right notices and then we had to give them a year or two extensions. This is unconscionable to me that we could be forced into a seven year franchise renewal when we only wanted to give them three to begin with. I would like to get tough with Cablevision and I am certainly not up for giving them seven years, the only way that they are paying attention to Old Bridge is if we keep forcing them back here through the renewal process. Once they get into the administrative law judge they feel protected and I think that your comments support that position because you just told us that no judge will deny them if we try and take their franchise away. I am not even sure if they are paying the right franchise fees and that is a good ground for termination. We haven't heard anything from them in a year and a half and they must feel quite comfortable because their rates keep going up. With respect to the attorney's request on the executive session minutes, I agree that they should not be declared public records and only limit the release to Mr. Merwin, his attorney's and the other stipulations that Mr. Ruggierio thinks necessary.

Councilman Calogera: I would amend that so that council gets copies.

Attorney Ruggierio: I don't think that is a good idea. This is an old personnel record that should remain confidential. I would add that the director of human resources and the mayor's and legal office should have access to these records for the same purpose as Mr. Merwin.

LIMITED RELEASE OF EXECUTIVE SESSION MINUTES

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

RESOLUTION #63-02

BE IT RESOLVED by the Township of Old Bridge, County of Middlesex, State of New Jersey that the previous resolution/motion of the Township Council authorizing certain Executive Session minutes to be released and to therefor become an Open Public Record, to wit: January 6, 1986, April 7, 1986, May 15, 1986, May 29, 1986 and June 2, 1986, that such previous resolution/motion be and hereby is rescinded. The said records shall remain non-public. However, the said minutes may be released to the following person or persons:

• The Township Attorney or other person designated by the Mayor to deal with any legal or administrative questions associated with the subject matter of the minutes; and
  
  
• Township Employee, David Merwin, or his attorney or union representative.

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

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

NAYS: None.

NO PARTICIPATION: Councilman Calogera.

ABSENT: Councilman Hoff.

Attorney's Report Continued

President Butler: Have we addressed the environmental problems with in reference to Woodland Trails?

Attorney Ruggierio: Yes. We had a phase one study that recommends that we do testing and then the second thing we did was limited testing on potential hot spots which showed minimally positive and suggested additional tests. We are in the process of deciding what those tests would be.

President Butler: When will this be completed?

Attorney Ruggierio: In the near future. This is an old orchard and in the old days they used to use pesticides and these reside in the soil. I understand that it is not typically hard to remediate these areas. In this case it may be complicated because these fields are forested.

MOTION

to accept the report of the attorney by Councilman Baker, seconded by Councilwoman Panos and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

ABSENT: Councilman Hoff.

Preliminary Public Comments

Monte Seewald: The real estate tax in Old Bridge went up 10.2%, the average in the State went up 6.8%. The municipal tax is only 20% of my tax bill. You need to control the real estate taxes. Do we feel that we are getting our fair representation from the state legislation?

Councilman Baker: I would like to add to the agenda next week that we answer Mr. Seewald's question.

President Butler: I will.

Presentation

2. Old Bridge 9-11 Memorial Presentation - Mr. Blaise Batko, (Sculpture, Project Consultant to detail the proposed 9-11 Memorial).

Mayor Cannon: We have had a committee that has been meeting since the summer to come up with an appropriate memorial to honor the victims of the September 11^th tragedy. Faith Miller; whose husband was killed on 9-11, as well Jo-Ann Howard and the committee have been meeting to come up with a concept as well as a place in which to put a memorial. We have contacted Mr. Batko who has done memorials in other towns. This model that is here tonight has been approved by the committee and the twelve family members.

Mr. Blaise Batko describes the model which consists of two 7 foot granite towers (symbolizing The World Trade Center) which will be sandblasted into the shadow (symbolizing the number 11 for the eleventh day) - 12 black 16" by 18" granite cubes with the names of each lost soul, which will be back lit (symbolizing the Old Bridge Victims) - the garden area around this will be shaped like a pair of hands embracing the monument - which will be made up of 9 (symbolizing the ninth month).

Councilman Maher: Where is this going to be?

Ms. Faith Miller: It will be located on the side of the library, across from the ice arena, by the entrance to the town center.

Mayor Cannon: It will be nestled in the grove of trees.

Mr. Batko: We will have pavers around the outside of the memorial that people can purchase with a saying on them and their names inscribed.

Councilwoman Panos: What will the inscription at the base of towers read?

Mr. Batko: The shadow of the towers will be sandblasted into the base and words of dedication or whatever the committee feels appropriate.

Councilwoman Panos: I know that Faith has a mission statement that I would like for her to read.

Mrs. Miller: This is what we were thinking of putting in the fund raiser brochure. " The morning of September 11, 2001, will forever be etched in hearts and minds. The tragic and horrific attack on our Country took the lives of many innocent loved ones. This memorial will be dedicated to the twelve Old Bridge residents who lost their lives on that day. May their legacy be to inspire us to work together as a community towards a better future."

Councilman Testino: What material will be used for the walking area?

Mr. Batko: That would be white cement.

Councilman Testino: Will there we reflecting benches in the garden?

Mr. Batko: Originally, we planned to use benches for each person lost and we decided to scale that down, because of the room. The black cubes will serve as benches too.

Councilman Testino: Is that okay with families?

Mrs. Miller: Yes, their names will be inscribed on the granite and we thought that was better then wood that could rot and have to be replaced.

Councilman Testino: Is there an estimated cost for the memorial?

Mr. Batko: My end would be $50,000.00

Councilman Testino: Is there a full estimated cost?

Mayor Cannon: The whole site would be around $90,000.00. We are hoping to do an extensive fund raising campaign. We have some money already, we are also hoping to get donations of materials and in-kind services from the businesses in town.

Councilman Testino: What is Mr. Batko's end?

Mr. Batko: The installation and fabrication of the granite. The sandblasting.

Councilman Testino: Have we entered into a contract yet?

Mayor Cannon: No, we haven't signed it yet because there is a certain amount of up-front money required that we are in the process of putting together.

Councilman Testino: If we are doing this, there is some protocol that needs to be followed regarding procurement requirements.

Mr. Shah: We have requirements. I will contact the Division to see if there are exceptions to the rules. We will also see how other towns have financed theirs. The other alternative is that a non-profit organization undertake this. We will follow up on this and make sure that we are in compliance.

Councilman Testino: My personal opinion is that I would not want the names of the fund-raisers on the memorial. Personally, I would give money but I would not want my name anywhere near that, to detract from those who have been lost. If it is necessary to raise the money, then so be it, but if we can impose on our contributors to not publicize their names and instead do it in the name of real charity.

Mrs. Miller: Some of the ideas that we had for the pavers that we would sell for a donation which will go around the memorial will have five different inscriptions on them such as: United We Stand - Forever in Our Hearts - Never To Be Forgotten - God Bless America - Let Freedom Ring. These sayings would be available for a donation and they would be able to put their name underneath from the family that is making the donation. I would also like to add that the families would each like double pavers around each bench so that we could have our own loving memory message to our loved one.

Councilman Greene: I think the reasoning for the design; with the nine sections of walkways and also the towers signifying the eleventh day, I think that is significant and I think that it shouldn't be lost. The reasons that you gave for various aspects of the design is very important and future generations should know.

Mr. Batko: What we did in Monroe was a story-board at the entrance of the memorial.

Councilman Greene: I would love to see that here.

Mrs. Miller: When the committee sat down and spoke about the symbolism, it was very important that no one should ever forget what happened. It is important that people know that twelve loved ones went to work that morning and never came home. This whole memorial is about reason and symbols. Most importantly 100 years from now, people should know what the skyline looked like.

Councilman Calogera: I think that this committee really achieved something with meaning and see me for your first donation.

President Butler: I would like to thank the Mayor and the committee, they did an excellent job.

ORDINANCE FOR SECOND READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 03-03

AN ORDINANCE AUTHORIZING ACCEPTANCE OF LAND (LOWE'S SHOPPING CENTER)

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

SECTION 1: PURPOSE

This Ordinance is adopted for the primary purpose of accepting an area of 206.429 square meters or 2,248 square feet or 0.0510 acres of land within the Township of Old Bridge.

SECTION 2: ACCEPTANCE OF PROPERTY

The Township of Old Bridge does hereby accept 0.0510 acres of property located within the Lowe's Shopping Center in the Township of Old Bridge and known as Block 6302, Lot 7 more fully described in the document known as "Legal Description of a Portion of Tax Map Lot 7, Block 6302 Dedicated to the Township of Old Bridge, Middlesex County, New Jersey". The conveyance of the property shall be made by deed in a form approved by the Township Attorney.

SECTION 3. INCONSISTENT ORDINANCES

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

SECTION 4. PARTIAL INVALIDITY

If any section, paragraph, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged and the remainder shall be deemed valid and effective.

SECTION 5. EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Township Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.

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

C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Council vote in favor of such resolution.

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

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

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

NAYS: None.

ABSENT: Councilman Hoff.

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

DISCUSSION ORDINANCE

DO-1 An ordinance scheduling public speaking at all council meetings. (WB & RG)

Councilman Baker: One of the reasons that we are here is to give the public an opportunity to speak. In order for all the public to speak it is necessary to have a time limit. I don't know if all the council members have had an opportunity to read the ordinance and if they haven't it would be inappropriate to pass this tonight. I am recommending that we pass an ordinance that allows the public to speak each time that we meet and the we enforce the three minute rule, not because we are vicious or that we don't want to hear the public but because we want to give all the public the chance to speak.

Councilman Greene: I had prepared a memo to the council a month ago. I know that we have been toying with the idea of adjusting our meetings. I tried to limit the comments to three minutes for an agenda meeting. Pursuant to state legislation we have to have public comments and we haven't really had any. My suggestion is to put public comments at the end of the agenda meetings. During regular and combined meetings we currently have comments two times in the beginning of the meeting, my intent is to allow the public to speak on any subject at the beginning of the meeting for three minutes and let the council determine how they want the public to speak on items that are on the agenda. I think that we need to discuss how we should do this. It was Bill Ruggierio who formalized this ordinance and left it open for us to decide. Since we are giving the public the opportunity to speak at the beginning of the meeting on any topic as well as at another point in time in the meeting to speak on items that are on the agenda. I didn't think that there was a particular reason to have the three minutes at the end of the meeting. I would be more than glad to table this until we can all review this and make suggestions.

Councilwoman Panos: Are we going to be starting every meeting at 7:30 pm?

Councilman Greene: That's what I recommend so that we can get out earlier.

Councilwoman Panos: What about the commuters? Maybe there should be a few meetings at 8:00.

Councilman Greene: My intent was to have some flexibility, the council can agree on the meetings to start at 8:00.

Councilman Testino: I agree that we need flexibility and that a later start is good for some meetings. I like having public comments at the end of agenda meetings. I would like a little more time to digest how this is worded.

Councilman Greene: Do you want to start the meetings at 8:00?

Councilman Testino: I don't want it put in the ordinance about the 7:30 start because then you have to change it by ordinance.

Attorney Ruggierio: The language states you can change it whenever you want.

Councilman Testino: So why even have it in here?

Attorney Ruggierio: It is just a default time, and you can modify the start time by a simple vote.

Councilman Baker: I think that the ordinance is fine, as is. I actually would rather start at 7:00 p.m. We can change the start time if we want.

President Butler: What is the consensus of the council regarding the start time? I suggest that we table this until next agenda.

MOTION

by Councilman Greene to table the discussion ordinance until February 3, 2003, seconded by Councilwoman Panos and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Hoff.

DO-2 An ordinance limiting the amount of Political Contributions - cap contributions from professionals who want to conduct business with township government at $300.00 for council and mayoral contributions at $500.00 for municipal and county political committee contributions. (LP)

Councilwoman Panos: A lot of press has been giving to the "pay to play" system and this certainly raises concerns with the taxpayers. When I knocked on doors the people were so cynical. There are two townships that have adopted ordinances. Some townships you are not allowed to accept any money from political contributors. I think that $300.00 for council and mayoral candidates seemed fair and $500.00 from municipal and political committees. If a political contributor is a professional, or has a contract, or wants a contract in this town, they cannot give more than $300.00 to a mayor or council candidate or $500.00 to a county political party. If you have been reading the papers, this has gone well beyond what this Country was based on. In the January 26^th issue of the Star Ledger, the Democratic County Committee and I don't mean to make this political but it happens to be the most powerful committee in the state, in fact the article goes on to say that their influence is global. . . we can longer. . . in financial times like this, where we just went through the budget process and we are watching every penny, public contract reform has to be a way to go. Contributors give outrageous amounts of money to mayoral and council candidates and also the county committees give thousands of dollars; I think that the limit is $37,500.00. There is no need for that, these are just local officials and this leads to the belief that contracts are given to those contributors. I would like to discuss this among my colleagues.

President Butler: I asked the clerk's office to call the local election law office in Trenton and I will let the clerk answer.

Deputy Clerk Ward: New Jersey Election Law Commission said that they already have fees in place and any ordinance that Old Bridge or any other municipality may pass, that State supersedes.

Councilman Maher: I support this. Have you ever heard of an organization called "Common Cause"?

Councilwoman Panos: Yes, I spoke to Brent Zadell (phonetically) and he would be more than happy to speak with us and enlighten the public on this. He told me about the ordinances in Hamilton and Hopewell.

Councilman Maher: This is an organization that is dedicated to ethics and the code of conducts in government.

Councilwoman Panos: The man I spoke to would be more than happy to come to our next meeting.

Councilman Maher: I would like to get some input from them.

Councilman Calogera: The amount of money being spent on campaigns is ridiculous and the amount it is costing is becoming so great that it is locking out people that would be involved in politics but cannot because of the cost. Later in the meeting we will be discussing A-427, which will change the state law. In concept I support Councilwoman Panos's position.

Councilman Redmond: The county doesn't allow county officials or employees to solicit donations from people who have contracts with the county. I would like to head in that direction. I don't head in that direction.

Councilwoman Panos: If you read the article on Sunday, you would see that the county accepts much money.

Councilman Redmond: Who is the county?

Councilwoman Panos: Middlesex County Democrats raised more then...

Councilman Redmond: Middlesex County Democrats is not government. I am talking about the officials of the government.

Councilwoman Panos: So, you're saying that they do accept donations from...

Councilman Redmond: Officials are not allowed to solicit from people who do business with the county.

Councilwoman Panos: Well what if someone wants to just drop them a few thousands, are they allowed to take it if they don't ask for it.

Councilman Redmond: No, they are not allowed it take it.

Councilwoman Panos: Is there an ordinance to that effect?

Councilman Redmond: It works the same way that it works when the Republican State Committee puts $20,000.00 into a municipal campaign two weeks before an election. We have no way of knowing where that money comes from, yet that is the way it works.

Councilwoman Panos: This would put a limit on the county committee contribution.

Councilman Redmond: Are we allowed to put limits on outside organizations?

Attorney Ruggierio: I don't think that I can make an absolute judgment at this point. I did a little research after we got an ordinance from the League and I also got a copy of the ordinance from Hamilton; which was repealed for the express reason, that it was pre-empted by state law. However, I understand that Hopewell has an ordinance that may be more extensive.

Councilman Redmond: I do not have a problem with these limits. . . We don't have the power to do this.

Councilwoman Panos: We could be in the forefront in Old Bridge.

Mayor Cannon: I agree with the essence of what is being tried here tonight, this has been an issue nationally for a number of years. There is a bill at the state level, the governor indicated that he was not supportive of this because it did not include counties and municipalities. I would think that Old Bridge taking the lead would set the tone. I think that the message here is the credibility of the whole political process. This will also make sure that the best people for the job are being hired and not just big contributors. I think that it would be good for Common Cause to come and give us information.

Councilman Testino: I think it makes for sense to support Kevin's resolution because there will not be a level playing field unless there is a statewide codification. We can continue to debate what is legal and what we can do, I certainly applaud Councilwoman Panos efforts and I do think that the American system can use some re-shaping.

Councilwoman Panos: It is your election year and I know that you want to talk about it but I want to do something about it.

Councilman Testino: Doing something about it that is legal and doing something that is illegal are two different things.

Councilwoman Panos: So we will have someone from Common Cause here at the next meeting.

Councilman Testino: We will get Mr. Ruggierio's opinions also because I don't know if we can legislate against state organized bodies, that is why you have contribution laws and ELEC and other requirements that are supposed to be filed and if they are not, I would have objections to that.

Councilwoman Panos: There are too many loop holes and they are costing the taxpayers a lot of money.

Councilman Testino: You don't think what you are proposing has loop holes? How will you police this? How many times can you contribute? We need more debate on this.

Councilman Greene: This is a great first step in trying to do something that I think is out of control. I would like to see Common Cause here and see what they have to say and I would also like to see copies of the two ordinances that you mentioned and also what Bill thinks about it.

DO-3 Amendment to Ordinance #23-00 Inspection Fees. (LR)

Councilman Redmond: I had a meeting with Alayne Shepler, Rich Diaz and Tom Gerity. The last time this came up there was some misunderstanding. This is not an ordinance to change the fee, the fee is at $35.00 and remains at $35.00. What they are asking for is notice. If you give them 10 days notice, it is $35.00 - if you give them between 4 and 10 days it is $50.00 - if you give them less then 4 days notice it is $100.00. They would rather do these inspections on a schedule rather then bringing people in on short notice.

Ms. Shepler: These are not funds that go to the township, these go to the fire districts.

President Butler: Do you want to move this up for first reading?

Councilman Redmond: Yes.

Councilman Maher: We don't have an ordinance.

Councilman Redmond: We will introduce this at the next meeting.

DO-4 Amending Bond Ordinance #04-01 to $18,550,000.00 regarding Cedar Ridge II/Woodland Trails. (HS)

Mr. Shah: This is because we have to deposit money into the court and we need additional money - so this needs to be amended. This also includes about $400,000.00 worth of interest which is retroactive to 2001.

Attorney Ruggierio: The commissioners awarded Woodland Trails 17,795,00.00 (the principal amount). This amount is $5,000,000.00 short of what we have already paid into court. The law requires that we pay interest on the 5 million dollar sum back to the filing of the complaint. Mr. Shah has prepared an ordinance that incorporates all the sums and appropriates the amount of $18,550,000.00.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE NO. 04-03

ORDINANCE AMENDING ORDINANCE 04-01 AS HERETOFORE AMENDED BY ORDINANCES 42-01, 18-02 AND 23-02

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

Section 1. The Title of Bond Ordinance 04-01, as amended by 42-01, 18-02 and 23-02 (as heretofore amended, the "Bond Ordinance") is hereby further amended to provide as follows:

"BOND ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN THE TOWNSHIP OF OLD BRIDGE COUNTY OF MIDDLESEX, NEW JERSEY, AND THE TOWNSHIPS OF MARLBORO AND ABERDEEN COUNTY OF MONMOUTH, NEW JERSEY; APPROPRIATING THE SUM OF $18,550,000 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $17,622,500; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING"

Section 2. Section 2 of the Bond Ordinance is hereto amended to provide as follows:

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

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $18,550,000;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $17,622,500; and

(c) a down payment in the amount of $927,500 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11."

Section 3. Section 3 of the Bond Ordinance is hereto amended to provide as follows:

"Section 3. The sum of $17,622,500, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $927,500, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance")."

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

"Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $17,622,500 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law."

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

"Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $17,622,500 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser."

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

"Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $755,000."

Section 7. Section 7(a) of the Bond Ordinance is hereby amended to provide as follows:

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

"Section 8. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $17,622,500 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law."

Section 9. The applicable Capital Budget is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended Temporary Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 10. All other parts of the Bond Ordinance not amended hereby shall remain in full force and effect.

Section 11. In accordance with the Local Bond Law, this ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilman Calogera.

CONSENT AGENDA

Attorney Ruggierio: There is a paragraph in C4 and C5 that needs to be removed. These are rescinding resolutions and the original resolutions did not contain a deadline. We just need to strike the third WHEREAS in each resolution.

President Butler: In reference to the raceway park resolution we have to pass this subject to getting an insurance certificate.

Councilman Greene: There were several conditions that the fire marshal Diaz had suggested. One of them was that weather conditions would dictate what kind and how much fireworks will be used and that the proper permits are applied for from his office. I would like all those incorporated in the resolution.

Councilman Calogera: Are all these dates that fireworks are being held coordinate with races?

Deputy Clerk Ward: I don't know that, but I will find out.

CONSENT AGENDA

BINGO/RAFFLE

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

RESOLUTION #64-03

WHEREAS, the following organizations have made application to hold, operate and conduct a Bingo/Raffle; said applications being in accordance with the statutes relating thereto:

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

BA33-03 Old Bridge Rotary Senior Housing Bingo Club
BA34-03 Old Bridge Rotary Senior Housing Bingo Club
RA35-03 New Jersey Jewish Home for the Aged
RA36-03 Middlesex County Council PTA
RA37-03 Middlesex County Council PTA
RA38-03 St. Bernadette Roman Catholic Church, Inc.
RA39-03 St. Bernadette Roman Catholic Church, Inc.
RA40-03 St. Bernadette Roman Catholic Church, Inc.
RA41-03 Jewish Community Center of Middlesex County

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

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

NAYS: None.

ABSENT: Councilman Hoff

AUTHORIZING CONTRACT WITH PARKER, McKAY & CRISCUOLO AS BOND COUNSEL

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

RESOLUTION #65-03

WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of bond counsel; and

WHEREAS, Parker, McKay & Criscuolo, a licensed New Jersey firm, located at 3 Greentree Center, Route 73, Marlton, New Jersey, is licensed as capable and available to undertake such work; and

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

1 A contract for professional services in the form attached to this Resolution is hereby authorized to be entered into.

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

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

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

NAYS: None.

ABSENT: Councilman Hoff

AUTHORIZING OLD BRIDGE TOWNSHIP RACEWAY PARK TO HOLD FIREWORKS DISPLAY

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

RESOLUTION #66-03

WHEREAS, a request has been made by Old Bridge Township Raceway Park to hold a fireworks display on the following dates:

Saturday May 10, 2003 Friday May 16, 2003

Saturday June 7, 2003 Saturday July 5, 2003

Wednesday July 9, 2003 Saturday August 2, 2003

Wednesday August 6, 2003 Saturday September 13, 2003

WHEREAS, the type of fireworks being used are 1.3G & 1.4 G Pyrotechnics; and

WHEREAS, A certificate of liability must be on file with the Township Clerk prior to any firework displays.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission for the fireworks display is hereby approved subject to all fire safety conditions being met and the proper permits are obtained from the fire official.

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

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

NAYS: None.

ABSENT: Councilman Hoff

RESOLUTION CONDITIONALLY RESCINDING RESOLUTION #632-99 AUTHORIZING RELEASE OF PERFORMANCE GUARANTEE FOR REFORMED CHURCH MINISTRIES AS MAINTENANCE BOND HAS NOT BEEN POSTED

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

RESOLUTION #67-03

WHEREAS, the Township Council of the Township of Old Bridge previously enacted Resolution #632-99 which by its terms authorized the release of performance guarantee for Reformed Church Ministries; and

WHEREAS, the said resolution required as a condition of its authenticity that a maintenance guarantee for two (2) years, fifteen percent (15%) be posted; and

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

• Resolution #632-99 releasing the performance guarantee of Reformed Church Ministries is hereby conditionally rescinded.
  
• As a condition of this rescission, the Township Council does hereby impose the following: The developer, Warfel Construction Company d/b/a Reformed Church Ministries shall have ninety (90) days to post maintenance bond previously required. If the said maintenance bond is not posted within the ninety (90) day period, rescission of resolution #632-99 shall be absolute. In the event the developer, Warfel Construction Company, d/b/a Reformed Church Ministries posts the maintenance bond within the ninety (90) day time period, the Township Clerk shall inform the Township Council of such posting and this rescission shall be withdrawn.

• The Township Clerk shall forward a true copy of this resolution to the developer and the surety company, which submitted the performance guarantee. The Township Clerk shall have a letter accompanying such resolution specifically informing the developer that permanent and absolute rescission of resolution #632-99 will result in the continued availability of the performance guarantee for the improvements which were required to be made. In the event that a new application for performance guarantee release is made, subsequent to the absolute rescission of resolution #632-99 the depreciation and deterioration of improvements which are guaranteed thereunder may require restoration and repair. The developer is thus noticed that it may be liable to a cost and unnecessary expenditure.