Old Bridge Township, New Jersey - February 10, 2003 Minutes

A Regular Meeting of the Township Council of the Township of Old Bridge was held on February 10, 2003 in the Municipal Complex. The meeting was called to order at 8:02 p.m. by President Butler.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Monday, February 24, 2003.

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

RESOLUTION NO. 92

Bill List

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

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of February 10, 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 February 10, 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 $38,209,368.34. (Accounts Payable)

Moved by Councilman Hoff, 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.

RESOLUTION NO. 93

BILL LIST

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

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

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

Moved by Councilman Hoff, seconded by Councilman Greene 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. 94 Denied

BILL LIST

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

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

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

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

AYES: Councilmen Redmond, Testino, President Butler.

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

ABSENT: Councilman Baker.

RESOLUTION NO. 95

BILL LIST

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

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

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

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

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

NAYS: Councilman Calogera.

ABSENT: Councilman Baker.

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

Councilman Calogera: I asked for figures from Thanksgiving Day. We had salaries last month that were under overtime for the arena utility, and I would like to secure those numbers which I have not been given yet. I ask that they be provided by the next meeting.

Report of the Clerk.

MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, CLERK

The following represents the collections I have made during the month of January 2003:

DOGS:
1-1400 10,510.50

CATS:
375-379 41.00

LICENSE:

Vending

Amusement - $25.00 each
#1-3 Gameplan Inc. 75.00
4-22 CIC Corp. 475.00
23 T. Heath 25.00
24-25 Baccus Bar 50.00
26 Stardis 25.00

Candy - $5.00 each
#1 Issued December 31, 2002
2 Gameplan Inc. 5.00
3 Summerhill Nursing Home 5.00
4 Madison Variety 5.00
5 Stardis 5.00

Soda - $10.00
#1 Summerhill Nursing Home 10.00

Towing
Regional Transport (2 wreckers) 200.00
DJ Service Station (3 wreckers) 300.00
Jean's Used Cars 100.00
Mendola Towing (2 wreckers) 200.00
Locomotion Towing (4 wreckers) 400.00
D&M Auto 100.00

Used Car
323 Circle Automotive 500.00

2,480.00

LIQUOR LICENSE
Transfer application - Trabelli's 4.00
1209-33-006-004 Sayrewood's Liquors 378.38
382.38

BINGO/RAFFLE
RA 30-03 Sayreville Assoc. for Brain Injured Children 20.00
RA 31-03 St. John Vianney's 10.00
RA 32-03 Laurence Harbor First Aid (VOID)
RA 33-03 OB Senior Rotary Housing N/C
RA 34-03 " " " " N/C
RA 35-03 Central NJ Jewish Home 70.00
RA 36-03 Middlesex County PTA 10.00
RA 37-03 " " " 10.00
RA 38-03 St. Bernadette's 50.00
RA 39-03 " " 50.00
RA 40-03 " " 30.00
RA 41-03 Jewish Community of Middlesex County 30.00
RA 42-03 Old Bridge Elks 190.00 470.00

PARKING PERMITS
1694-1755 1,175.00
Replacements - 1699, 1703, 1708, 1715, 1717, 1727, 1728, 1729, 1736, 1739, 1741, 1744, 1749
VOIDED 1613 - sticker not printed

SEARCH
1 thru 3 -2003 30.00

MISCELLANEOUS:
Photocopies - Copies 47.33

Total: $15,136.21

Motion

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

Report of the Attorney.

Attorney Ruggierio: The Hallock trial is set for March 10, and I am very involved in preparation.

The Sommers case was listed because I wanted the council to get the chart that Mr. Testino asked for so that I can give you the sequence which I will do at the next meeting.

Mr. Maher has been involved in the YMCA matter, and I told him that we would have a draft agreement from the township's prospective to circulate to the committee no later than Thursday.

The Mayor has drafted regulations relating to the promotion to police chief which is mandated by the mandatory retirement of Chief Palumbo on August 1, 2003. A lot of our police officers might be eligible for promotion, and they have an interest in this. The reasons why these regulations have not been issued or have not yet been given out to the council for their information is that legally we have to give it to the union. Today I gave the regulations on behalf of the mayor to Capt. Cerra, the president of the FOP. We had an interesting discussion, and I think the mayor is on track to shortly issue these regulations after we take into account some of the comments that came back to us from the union. I want council to know that this was underway, and you are not being slighted in not being given the regulations. They are not in a final stage yet.

Councilman Hoff: With respect to the second phase of the beachfront restoration wherein we are being provided state funds, the county has set aside $1 million to move ahead. The county has asked for the right of way.

Attorney Ruggierio: We received a description from the engineering firm contracted by the county. We sent out letters and initiated the first steps to acquiring the easements (not permanent takings). This is not left in the hands of the township engineer who is consulting with the consultant for the county to try to get a clarification concerning the Cliffwood Beach Phase II easements. The questions should be directed to John (Vincenti).

Councilman Hoff: The plan is to separate the remainder into two parts. If it's easier to get the land use permits in the southern end (from Whale Creek) to bring the waterfront northerly, that is fine and easier to do. I ask for your support on this and request that you speak with the county as soon as possible.

Councilman Testino: What is the timing on the "Y" situation? Didn't they have ninety days to respond to us with their commitment on the project?

Attorney Ruggierio: My understanding is that the "Y" has, subject to one other additional minor study, indicated that they are a "go" on the project, and that my job is to attempt to draw the agreement and get a consensus of council, the mayor and recreation, etc. Once we get a consensus that I have covered and included all items, then we are going to send this to the "Y" people. One thing that has interested Mr. Maher from the beginning is that there is a moment in time when the "Y" will post a $10 million bond to construct the facility. That is why we were concentrating on getting an enforceable contract so that we could move to the bond stage.

Councilman Testino: Please let me know what the deadlines are and what we have to do to make the deadlines occur and move the project forward?

Councilman Maher: The "Y" has hired a firm to do a phone survey of 300 families to determine what exactly a membership should constitute (single, family, etc.), and we expect that survey to start within the next two weeks. Mr. Murray will notify me in advance so that we can post an announcement on TV as well as the website.

The "Y" has completed its feasibility study wherein they contacted various business corporations in the area with a conservative approach. They feel they can raise $1.5 million with corporate donations. The next phase is doing the market research to determine how much could be raised and how much the township residents would support an Old Bridge-based YMCA with respect to family memberships.

Councilman Testino: I understand that you gave administrative regulations to the union with respect to the Chief of Police. Why can't the council have a copy?

Attorney Ruggierio: These are draft regulations, and there is a legal reason for giving it to the union. I indicated to the union that the only parties that had seen these in their "final" (we are reviewing them with the union) have been our labor counsel, myself, the mayor, Alayne Shepler and my secretaries. The only concern I express about revealing this prematurely because we have a level of obligation to take into account the comments from the union, is that I don't want erroneous copies out there floating around. These are regulations which have not yet been officially promulgated nor have they been filed with the Clerk as required by the Faulkner Act. Because they are proposed to be promulgated and filed with the Clerk, they have been given to the union for comment.

Councilman Testino: Is there any reason why your office cannot provide me as a councilman with a copy of that document?

Attorney Ruggierio: We have served as counsel to the mayor as appropriate authority in drafting this regulation, and it would be up to the mayor as to whether or not she wants to give you draft regulations.

Councilman Testino: I formally request a copy of that document, and I expect that if you cannot handle the reply because you are in a compromised position, you give us one of the other counsels under you in the law department to handle our position with regard to the draft documents.

Attorney Ruggierio: I am not in a compromised position. These are work products that we are alerting the council about that have been produced by the mayor. We serve in different capacities. We don't need different lawyers to serve the mayor and the council. The mayor may be very willing to give these documents to you, but at some point the regulations will become final, and they will be given to you and available to everyone. It is the mayor's role to promulgate these regulations, and I would respectively refer you to the mayor as to what her feelings are about the matter.

Councilman Testino: I make my request to the mayor at this moment, and I will send her a letter. I am asking that you provide me with a copy of the document. If you do not see fit to do this, let me know, and I will find other ways to obtain the document. I don't think this should be confidential; I think that we should be a part of the comment process. If the mayor is going to have a comment process and if she proposes to do this in an open public forum, then she should allow us to comment on this as well.

Mayor Cannon: They are in draft form, and until they are finalized, I don't think they should be shared with the council. While I always appreciate input from the council, this is an administrative function, and they will be promulgated as prescribed by law. After receipt, if you care to comment, that will be fine.

Councilman Testino: She is not going to listen to any of our comments.

Mayor Cannon: The only one who has seen them is the president of the union. None of the other union members have seen them. None of the potential candidates have seen them.

Councilman Testino: Most administrative agencies have a comment period for the public to comment.

Mayor Cannon: I don't believe that is true. This will move along under the procedures, and you can take whatever action you must.

Councilman Redmond: Are you telling me that there does not already exist some sort of regulations as to the . . . What kind of regulations are we talking about?

Councilman Testino: They are making them up as they go.

Mayor Cannon: These are regulations that are promulgated under the law by the executive branch relating to the rules and regulations of the police department, and not legislation handled by the council.

Councilman Redmond: We have a chief and have had chiefs before. In 2003 we now need to make regulations?

Attorney Ruggierio: Council enacted an ordinance setting forth new criteria for the promotion of a chief of police as to how that ordinance is to be carried out and how the mayor is going to exercise her discretion. Your ordinance states that the mayor will interview candidates and make a selection. That is everything that the ordinance states about the selection process. The mayor is trying not to be arbitrary and wants everyone to be aware. Once these are final the mayor will have indicated to everyone who is competing to be chief of police among the qualified candidates that this is what I am going to make my decision on. This is rational and make sure that we are sustained once the selection is made.

There are provisions in the ordinance and in state law for those who qualify. We are trying to make sure that every applicant knows what the qualification requirements are under state law and under our ordinances which dictate who qualifies to even compete to be promoted. We have designed an application to allow people to set forth how they qualify so that this can be rationally evaluated should there be litigation. As your lawyer I have to be cognizant that an important position like this could result in litigation, and if so, there will be an application which a court can review and either agree or disagree that a person was or was not qualified.

We work within the ordinances that the township council has enacted. The mayor has the ability to promulgate and has the appropriate authority to promulgate regulations regarding the police department. We are trying to do that in compliance with all laws. This is the first time that we issued this to anyone except the people that I mentioned who were consulted about their content. I don't want the council to be hearing rumors that this was floating around with the idea that you were not going to be informed about them. I am sure that Capt. Cerra will share the contents of this with the members of his union, and will want to consider their comments. Once more than two people have this, it is going to be the subject of rumors.

Councilman Testino: That is even more reason for us to have it.

Councilman Calogera: We are in the beginning phases of the mayor's interviewing process. You are informing us of the process, and we will be getting that in due time. We are early on in the process. We are a Faulkner type of government which means that the mayor picks the next chief of police.

Attorney Ruggierio: The ordinance states that the mayor shall interview all qualified candidates and make her selection.

Councilman Calogera: Under the Faulkner Act she has that right?

Attorney Ruggierio: That is consistent with the Faulkner Act.

Councilman Calogera: I am sure that we will be getting material in the future.

Councilman Hoff: I understand that the mayor has the right to appoint the chief of police, but I remember passing ordinances stating that only certain officers with such rank and such time in rank would be eligible. Is this being changed?

Councilman Calogera Was that done to affect the hiring of any specific individual?

Councilman Hoff: Don't we have an ordinance in place that states what officers are qualified and what rank and time in rank they need before they are considered to be candidates for the office of chief?

Attorney Ruggierio: Yes, you do.

Councilman Hoff: Is the planned action of the mayor a plan to absolve that regulation which is in effect?

Attorney Ruggierio: No, this is totally consistent with the ordinance as passed by the council.

Motion

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

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

NAYS: Councilmen Hoff, Testino.

ABSENT: Councilman Baker.

Preliminary public comments to the council.

Mr. Dunlop: Requested the council to turn on their microphones when speaking during the meeting.

Mr. Rao: Addressed the council about the property taxes and their effect on the school budget.

Proclamation - Congenital Heart Defect Awareness

Mayor Cannon presented the following proclamation to Councilman Redmond and his family.

Whereas, each year, birth or "congenital" heart defects (CHDs) affect more than 40,000 infants in the United States. Many babies born with CHDs do not survive to adulthood because of the severity of the defect, the absence of early detection, a lack of donor hearts or failure of the medical intervention used; and

Whereas, with at least 35 heart defects now recognized by medical professionals, CHDs are among the most common birth defect - 1 in every 100 births. They are also the leading cause of defect-related deaths. To help save lives, researchers are working to more correctly identify the origin of CHDs, describe physical signs and symptoms, and clarify surgical options; and

Whereas, Children and adults with CHDs, their families and health professionals have joined together to designate February 14, 2003 as "A Day for Hearts: Congenital Heart Defect Awareness Day." The observance works to educate the public about congenital heart defects and possible treatment options and spotlights the importance of early diagnosis and intervention; and

Whereas, I urge all Old Bridge residents to learn more about congenital heart defects and to recognize the dedicated cardiac doctors and researchers who strive to assist those affected by the condition. With increased education and research, children and adults with CHDs may lead longer and more active lives.

Now, Therefore, I, Barbara L. Cannon, Mayor of Old Bridge, Middlesex County, New Jersey, together with the Township Council do hereby proclaim February 14, 2003 as a day for hearts - Congenital Heart Defect Awareness Day.

Councilman Redmond reads a proclamation on issued by Governor McGreevey.

WHEREAS, the well being of our children, our most precious commodity is of paramount importance , and maintaining excellent health among children is one of the top priorities of the State of New Jersey; and

WHEREAS, each year in the United States more than 40,000 infants are born with a congenital heart defect; and

WHEREAS, with familiarity of the disorder more diagnoses are being made of what was not long ago thought to be an extremely rare disorder and not repairable; and

WHEREAS, congenital heart defects are among the most common birth defects that are the leading cause of defect related deaths. Too many babies born with congenital heart defects continue to die due to the severity if the defect because the heart defect is not detected in time, the lack or donor hearts or failure of medical intervention; and

WHEREAS, congenital heart defects are being researched by numerous professionals with at least thirty-five defects are being recognized; and

WHEREAS, it is crucial that parents, pediatricians and all people who work in health professions have a greater awareness for congenital heart defects and to support the goal of raising public awareness of the serious health matter that affects many newborn babies, children and adults living with a heart defect today.

NOW, THEREFORE, I, Governor James E. McGreevey do hereby proclaim February 14, 2003 as a day for hearts Congenital Heart Defect Awareness Day.

Councilman Redmond: You can go on the Internet to the Children's Health Information Network and there is much information to be fund. Last month in New York City three high school aged children collapsed and died during normal activities. They had undiagnosed congenital heart defects. This day is very important. I was able to share with the Mayor a proclamation signed by former President George Bush when he was the governor of Texas. We will continue to work on this project.

President Butler: We thank the Mayor and Councilman Redmond for the work that is being done on this.

Mayor Cannon: We had a very severe fire at Mapleview Apartments last week. I publicly acknowledge and thank all those who helped put the fire out and who spent a lot of time dealing with the displaced families. Chief Verney and the South Old Bridge Fire Co. arrived within moment's notice to contain and extinguish the fire in a short time. No one was injured, but there was substantial damage done. Many families had to be placed elsewhere for the evening. Special thanks to Ken Wallace and Dom Cicio. The next day our inspectors allowed many of the families to return. Six families had to be relocated within the complex. I thank the Township with a Heart, the food bank, and the Angel's Attic. Councilwoman Panos has worked tirelessly over the last few days to get things together for these families because they lost everything. Many people contributed, and I thank everyone.

Guest.

Old Bridge-Sayreville Rotary - War Memorial. (Joe Vohdin, President; Roy Curtis, Roy Quackenbush, Fred Kurtz, Suzanne Meyer, Ira Nodelman, and Jonathan Heilbrunn.

Mr. Heilbrunn: The proposed war memorial is something that the Old Bridge/Sayreville Rotary would like to create in the Township of Old Bridge which is proposed to be placed adjacent to the roadway in the municipal complex between the bus stop and the entrance to the complex. We propose at the expense of the Old Bridge/Sayreville Rotary to create a war memorial to honor the veterans of America who have served, are serving and will serve our country in the protection of this nation. We think that this is a fitting moment for a war memorial in Old Bridge and in keeping with the tenor of the times.

Mr. Quackenbush (architect): The location is where most of us walk from the parking lot into this building. About one year ago Ms. Roque-Romaine was the president of the Old Bridge/Sayreville Rotary, and we met before you to prepare you that we would be coming to propose this. At the proposed location there is a long brick wall which we are planning to remove and erecting a statute of a traditional New Jersey regiment Revolutionary War figure which will be facing the flag. There will be a seating area. We intend to repave the walk area. We hope that this will be a tribute to those who have served our country. (Conceptual sketches are passed to the council.)

Mr. Heilbrunn: The proposal is to have the statute, the flag and the seating area where you may spend a few contemplative moments remembering those who have or will serve in the Armed Forces.

Councilman Hoff: The Rotary is very generous, and they have my support.

Councilman Testino: We have some drawings produced by the Modern Art Foundry in Astoria, New York, and we are about to enter into a contract. We have spent up-front money on a clay model which will be turned into a full scale model. They will build a unique copy righted bronze statue. It is the Rotary's ambition to protect the copyright so that you won't see another in this area. We have contacted the librarian to try to tie in the Battle of Monmouth. It is the first Revolutionary War soldier and the beginning of a tradition. The Rotary thought that by going to the beginning we would not have to pick one service over another or leave any individual service out.

Our librarian has great ideas about tying this in with George Washington's march. We are reaching out to historians. The focal point is to honor the veterans. The statue will have the insignia of the Continental Army. It is a large expenditure for the Rotary; the cost of the statue is estimated at $40,000 which has already been committed for this project. Our professionals are volunteering their time. Mr. Vincenti has seen the drawings and given his comments. We will provide whatever the township officials ask for. We will need a building and lighting permit. This will be something everyone can be proud of. The statute will be approximately 8 feet with a 6 foot pedestal. We would like to have a ground breaking on Memorial Day, but it is a nine-month process with the foundry. We would like to have the dedication on Veteran's Day. Our last fund raiser will be on April 4, 2003 in the form of an auction at Don Quixote's.

Mr. Quackenbush: We hope to have the statute standing on a pile of rocks as in rising from the rubble. The flag pole will be about 30 feet bronze which will blend in with the statue. The seating area will be marble with a granite paver. We are also installing curb cuts. We intend to supplement the landscape.

Mr. Heilbrunn: I had submitted a proposed resolution for the council's consideration.

Councilman Calogera: What will be the maintenance cost for us?

Mr. Kurtz: The Rotary has the funds to maintain for a period of two years. The foundry estimates the annual maintenance cost at $1500 (washing bird droppings). We would like the township to pick up the maintenance costs after that.

Councilwoman Panos: There will be a light to illuminate the flag?

Mr. Kurtz: There is presently a junction box on the existing wall. There is also a light pole which is 18 feet tall to illuminate the flag. There will be a bronze plaque with an appropriate saying dedicated to the men and women who served the country. The date "2003" will appear thereunder and there will also be a two inch Rotary symbol. The plaque will be three feet long and ten to twelve inches in height.

Councilman Testino: There will be no sponsors mentioned on the memorial. We hope that this will be something that we will all be proud of. We went above board with the maintenance. You could let the statute go uncared for, and it would age nicely, but we will take care of it as long as possible. We are going to make a two-year commitment, but we may make a longer commitment because we are going to have our symbol on it and want to be proud.

President Butler: How are you finding the veterans in this town?

Councilman Testino: There will be no specific names on the statue because we were afraid that we may omit someone. We are keeping this general and dignified. We are contacting the units that we are aware of to have them become part of the ceremonies. We did not want to burden them with fund raising. This is something that the Rotary wanted to do to pay back the people who have served us.

President Butler: We appreciate what your membership has done.

Mayor Cannon: I thank the Rotary. We have always wanted this, and we have been trying to find a way to make this happen. The design is unique and special.

RESOLUTION NO. 96

SUPPORTING THE ROTARY WAR MEMORIAL AT THE MUNICIPAL COMPLEX

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

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

NAYS: None.

ABSENT: Councilmen Baker, Redmond.

RESOLUTION NO. 104

RESOLUTION MEMORIALIZING REDUCTION OF PERFORMANCE GUARANTEE FOR ORCHARD HILL

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

WHEREAS, Orchard Hill is located at Cottrell, and is now seeking a reduction of the performance guarantee; and

WHEREAS, the Township Engineer has performed an inspection and determined that the value of bonded items completed is 41% of the Performance Guarantee amount. The Project is not yet fully completed and, therefore, a "Punch List" would not be appropriate at this time.

WHEREAS, the Township Engineer recommends a 41% reduction of the Performance Guarantee from $494,345.52 to $291,663.85 as follows: The Council may reduce the Performance Guarantee by 41% in the following manner:

Original Performance Bond $444,910.97 (Bond No. S05378)

Previous Reduction Amount 0.00

This Reduction Amount $182,413.50 (41% reduction)

Bond Reduced To: $262,497.47

Original Cash Deposit $49,434.55

Previous Reduction Amount 0.00

This Reduction Amount $20,268.17 (To be returned)

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the performance guarantee for Orchard Hill be reduced (41%) forty-one percent in accordance with the recommendation of the Township Engineer.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Redmond.

RESOLUTION NO. 105

DESIGNATING PULASKI SAVINGS BANK AND KEARNY FEDERAL SAVINGS BANK DEPOSITORIES

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

The following banks are hereby designated as legal depositories for the Township of Old Bridge for a term ending on December 31, 2003:

Pulaski Savings Bank

Kearny Federal Savings

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

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

NAYS: None.

ABSENT: Councilmen Baker, Redmond.

RESOLUTION NO. 106

TO COMMENCE COMBINED MEETING OF MAY 19, 2003 TO BEGIN AT 7:00 P.M.

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

WHEREAS, the Township Council combined meetings are regularly scheduled to begin at 7:30 p.m. on Monday nights; and

WHEREAS, the Township Clerk has requested that the combined meeting scheduled for Monday, May 19, 2003 at 7:30 p.m. be rescheduled to begin a half-hour earlier at 7:00 pm in order to conduct the auction on liquor licenses.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that it hereby authorizes the combined meeting of Monday, May 19, 2003 be scheduled to begin at 7:00 pm

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

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

NAYS: None.

ABSENT: Councilmen Baker, Redmond.

RESOLUTION NO. 107

AWARDING PROFESSIONAL SERVICE CONTRACT TO ENVIRONMENTAL RESOLUTIONS, INC. FOR PARC ORDINANCE

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

WHEREAS, the Township of Old Bridge has solicited prices from three (3) qualified consulting companies for the preparation of an ordinance to establish zoning and standards for retirement communities; and

WHEREAS, the Township of Old Bridge wishes to award the contract to Environmental Resolutions, Inc. in the amount of $8,000 for the preparation of PARC Ordinance to establish zoning and standards for retirement communities.

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

Environmental Resolutions, Inc. located at 525 Fellowship Road, Suite 300, Mt. Laurel, NJ 08054 is hereby awarded this contract in the amount of $8,000.00 for the PARC Ordinance.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1113 certifying the existence of a sufficient appropriation to fund the said contract.

The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.

This resolution is conditioned upon the following:

A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.

B. Issuance of a Certificate of Availability of Funds as aforesaid.

C. Compliance by the vendor with signing the mandatory affirmative action language required by law.

D. Compliance by the vendor with filing of the Affirmative Action Form AA302 or AA201 or otherwise complying with affirmative action employee information reporting.

No contract shall be considered awarded unless and until the above requirements are executed.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Redmond.

RESOLUTION NO. 108

NOMINATING THE PULASKI SAVINGS BANK FOR THE NJBIA 2003 "NEW GOOD NEIGHBOR" AWARD

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

WHEREAS, Old Bridge Councilman-At-Large, Edward Testino, wishes to nominate the Old Bridge, New Jersey branch office of the Pulaski Savings Bank, a division of Kearny Federal Savings Bank, for the NJBIA's 2003 "New Good Neighbor" Award; and

WHEREAS, the Pulaski Savings Bank has brought to the Old Bridge Community energy, personal service and community involvement; and

WHEREAS, the Pulaski Savings Bank has shown a genuine concern for the community as well as a spirit of personal service; and

WHEREAS, the staff of the Pulaski Savings Bank, which is led by their Branch Manager, Mona Cach, Assistant Vice President, consists of friendly and actively involved residents who consistently reach out to all those who visit and have business with the bank; and

WHEREAS, the bank's commercial and consumer lending-program has been generating a positive velocity of economic activity to all those who are in need of help; and

WHEREAS, the Pulaski Savings Bank has helped make significant improvements within the Township of Old Bridge. For example, it has taken a vacant and dilapidated non-taxpaying bungalow and transformed it into a vibrant, tax-paying center of local commerce. Its physical structure compliments the neighborhood's architectural style.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that it hereby agrees that the Pulaski Savings Bank be nominated for the NJBIA 2003 "New Good Neighbor" Award.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Redmond.

RESOLUTION NO. 109

MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR SOMERSET TIRE SERVICE, INC.

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

WHEREAS, Somerset Tire Service, located on Rt. 9 North, is now seeking a release of their performance guarantee; and

WHEREAS, a bond hearing was held on February 3, 2003 at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, the Township Engineer has performed an inspection of the site improvement works and finds that these items have been completed satisfactorily; and

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

Performance Bond $80,374.95 (Bond No. 11133561404)

10% Cash Deposit $8,930.55

Total $89,305.50

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

The developer posting a Maintenance Bond for a two (2) year period in the amount of $13,395.83 (15% of the Performance Bond).
If the maintenance bond required by this resolution is not posted with the Township Clerk within forty-five (45) days after the adoption of the resolution releasing the performance bond, the release is void. If there are insufficiencies or errors in the language of the bond submitted, the Township Attorney or Township Clerk may extend the said deadline in writing.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Redmond.

RESOLUTION NO. 110

CANCELING ERRONEOUSLY BILLED TAXES ON BLOCK 3234, LOT 4.016

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

WHEREAS, the Tax Collector erroneously increased the amount of tax billed in the Tax Assessors records for Block 3234, Lot 4.016 for the 2002 tax year.

WHEREAS, this action caused an overbill to the first and second quarter 2003 tax of said property as follows:

First quarter billed $155,542.03 should be $107,507.84

Second quarter billed $155,542.02 should be $107,507.84

NOW, THEREFORE, BE IT RESOLVED that the Tax Collector be hereby authorized to cancel the overbilled tax in the amount of $96,068.38.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Redmond.

RESOLUTION NO. 111

BINGO/RAFFLE

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

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

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

Old Bridge Elks RA 42-03

Easter Seal Society RA 43-03

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

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

NAYS: None.

ABSTAIN: Councilman Greene.

ABSENT: Councilmen Baker, Redmond.

RESOLUTION NO. 112

GRANTING PERMISSION TO SALON 527 TO HANG BANNER ADVERTISING CUT-A-THON

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

WHEREAS, the Township Council of the Township of Old Bridge wishes to enter into an agreement for the Township of Old Bridge to temporarily attach certain banners to utility poles which are owned and occupied by Verizon and JCP&L prior to and during a Cut-A-Thon (from February 8, 2003 through February 24, 2003); and

WHEREAS, the Cut-A-Thon will be held on February 23. 2003; and

WHEREAS, the aforementioned organization has made application to Verizon and JCP&L to temporarily attach certain banners to utility poles for a period of three weeks and shall be removed promptly at the end of the specified period.

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 Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Redmond.

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

Councilwoman Panos. This salon is opening on a day they are usually closed to have a benefit for the leukemia society. We have lost three of our young adults to this disease. I remind the public that they will be cutting hair from 10:00 a.m. to 5:00 p.m. with all profits being donated to the leukemia society.

Appointment.

RESOLUTION NO. 113

APPOINTING PAUL R. COHEN TO THE RENT STABILIZATION BOARD

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

Paul R. Cohen be appointed to the Rent Stabilization Board - Tenant for a term ending December 31, 2006.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Redmond.

Council Comments.

Councilwoman Panos: I have a question with respect to page 28 or 34 relating to day care costs. I would like a semi report. One person earned $2700 in a two-week period. I would like a report on this day care of the town that we pay.

Councilman Testino: Why can't she have the report at the next meeting?

Councilwoman Panos: Are they prepaid to February 14?

Ms. Shepler: Those are the day care providers who are subsidized by CDBG and they are paid for by the parents. The individual names are the day care providers for the outside day care program.

Mr. Shah: The amount listed is for the period, and you are more than welcome to come to my office to pull up the backup information.

Councilwoman Panos: The period is not over yet. It seems that the period is from the second one - from 2/3 to 2/14.

Mr. Shah: 2/3 to 2/14 is the date. They get paid for the date as of now. It covers the period that, but it is not for all the period. Come to my office. We pay so many bills. Without looking at the backup, I cannot answer your questions. I can provide you a written report as to the hourly rate.

Councilwoman Panos: Are these the only day care providers in this town? Maybe I will sit down and learn more about this.

Mr. Shah: There may be additional day care providers who did not work during this period. I think these are the day care providers we have.

Mayor Cannon: That figure may involve more than one child. You have to check with Himanshu.

Public comments on any subject matter.

Mr. Piscitelli (28 Ponderosa Lane): For the last year and one-half you have turned down the overtime. We pay the overtime before we vote on it. Can we get the departments and tell them that we are not going to pay you. Can anyone answer that?

Councilman Calogera: We don't have control over all the departments who can exercise to spend overtime. My personal vote "no" is to show my dissatisfaction for the amount of overtime that is spent in consideration of the people in my ward and the rest of the town who have to pay that bill. I hope that the message will be heard by the departments who are spending the overtime and have consideration for the taxpayer. I will not vote "yes" on the overtime until it comes in at a reasonable level.

Mr. Piscitelli: You own your own business. If you have a problem like that, whoever the supervisor is . . . you guys are in charge of all the department heads.

Mayor Cannon: The mayor's office is. The biggest overtime is the police department, and the chief is autonomous on the day-to-day assignments. Unless he agrees to do something about this, unfortunately, I don't have the wherewithal to make him do something about it.

Mr. Piscitelli: The overtime is not only the police department.

Mayor Cannon: It is primarily the police department, and we are talking with the other departments and have put limitations on the overtime. We only authorize overtime in writing so that we have more control over the other departments. The overtime is minuscule as compared with the police department.

Mr. Piscitelli: I am sure that you have spoken to the police department.

Mayor Cannon: We have spoken to them innumerous times.

Mr. Piscitelli: Do they give you any suggestions. Do they say if we had more cops; if we had this; if we had that?

Mayor Cannon: They say that all the time, but over the years we have gotten more police.

Mr. Piscitelli: We spend millions of dollars in overtime. At one point it was over $50,000. We could put cops on for that.

Mayor Cannon: We had 887 (police officers); we are now at 104, and the overtime is worse then ever.

Mr. Piscitelli: There has to be a reason for that?

Mayor Cannon: Yes, it is called "management". I am in charge, but I cannot assign.

Mr. Piscitelli: Can't you oversee what is going on?

Mayor Cannon: I can oversee, but cannot disapprove. When the chief assigns officers to sit at the beach in the middle of winter, I tell him I don't like it because it makes no sense. If he chooses to do it, he has the right to do it.

Attorney Ruggierio: The mayor can fire a department because she has the authority. With respect to the Chief of Police who has full operational control over the police department, he can assign in such ways that cause or reduce overtime. The mayor has no influence over that. She prohibited by law. Our chief is reaching mandatory retirement age on August 1. Maybe it would be interesting to look at what happens after August. If management can bring about efficiencies to correct these things, you are going to see that after August or maybe the mayor would have selected the wrong person.

Mr. Piscitelli: When you appoint the new chief, can you put guidelines for him?

Mayor Cannon: No, but I am going to get input as to different subjects that I, the council and constituency have concerns about. They would operate under the Chief's Bill of Rights in that they have the right of assignment, and we cannot interfere in the day-to-day running of the police department.

Councilman Testino: There are other problems. The township has chosen to operate so much on overtime because we budget so much. There are union contracts that need to be renegotiated because we are getting killed at the middle-management level. The appointment of the new chief is not going to be the end-all or be-all. If I had to predict, if we saw a slight modification, it would a lot based on what the union contracts are. They have to be renegotiated, and we have directed the mayor that that is what we want to see in this round of negotiations. To a certain extent, the philosophy is that some overtime is cheaper than hiring so many more cops. That is built into the budget. Some may not agree with it; we don't agree with it.

Mr. Piscitelli: We could have hired cops with the money we are paying.

Mayor Cannon: We did an analysis about three years ago. At that time it was still less expensive to pay the overtime. Police and their benefits are very expensive. Within five years they are at top salary. The escalation of their salaries is rapid. Mr. Testino is correct in that there are certain things in the union contract that put limitations. The police administration has a lot of leeway as to how they run their department.

Mr. Piscitelli: Our taxes are going through the roof.

Mr. Hoff: Comments inaudible to stenographer.

Councilman Calogera: We need better management in the police department to curtail the overtime.

Mr. Piscitelli: Let's beat on all the departments.

Councilman Calogera: The same people who are in charge of making the decisions of who gets the overtime is the same person who negotiates the contracts. That is a conflict. I think this has created problems. We are not going to be able to move forward getting the changes we need to deal with the overtime problems.

Robert Sucarato (49 Carmel Court): Something irritated me at this meeting regarding the $.12 tax increase, and that has to do with giving this council credit for reducing their budget. That is incorrect. What the council tried to do originally was to increase the budget to about $.14 and then a vote was rescinded because of someone who should have abstained from voting on the issue. Before it made it seem like the mayor somehow proposed the budget, and this council somehow reduced it. I know that there was a press release by members. I don't agree with it and it should be on record that many members of the council tried to increase that budget. Earlier we heard differently.

That all comes down to mismanagement because the reason why we had to increase taxes this year was because of mismanagement in the past on how we did the budgets when we had the money. This comes down to how the council plans to do things. The same thing is going to happen with the "Y". I am in the business of budgeting, and I know the process on a private level. If you don't think ahead, you have problems when things get tough. If the "Y" comes into this complex, if there is future expansion, you won't have room for anything. The council needs to start managing by looking forward. I heard Mr. Hoff state that the "Y" should not go into Mannino Park. If I had to choose, I would choose Mannino because in the future we will run into more budget problems when we have to expand.

Mr. Pagnotta: Expressed his opinion on the need to hire additional police officers.

Motion

to adjourn at 9:50 p.m. made by Councilman Testino, seconded by Councilman Hoff and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Redmond.

Reginald Butler, President

Rose-Marie Saracino, Township Clerk

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