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OLD BRIDGE TOWNSHIP COUNCIL

COMBINED MEETING

February 24, 2003

A Combined meeting of the Township Council of the Township of Old Bridge was held on February 24, 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 March 3, 2003 at 8:00 p.m.

Roll call at 7:35 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Baker, Calogera, Greene, Hoff, Redmond, Councilwoman Panos, President Butler. Councilman Maher arrived late. Councilman Testino 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 #114-03

WHEREAS, the following minutes are hereby approved

Agenda - February 3, 2003

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

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

NAYS: None.

ABSENT: Councilmen Maher, Testino.

Bill List

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

RESOLUTION #115-03

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 February 24, 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 24, 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 $23,177,965.06 (General Fund)

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

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

NAYS: None.

ABSENT: Councilmen Maher, Testino.

Bill List

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

RESOLUTION #116-03

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 February 24, 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 24, 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 $694,687.28 (Payroll).

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

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

NAYS: Councilman Calogera.

ABSENT: Councilmen Maher, Testino.

Bill List

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

RESOLUTION #117-03

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 February 24, 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 24, 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 $67,238.77(Overtime).

Moved by Councilman Baker, seconded by Councilman Redmond

NO ROLL CALL VOTE TAKEN

Prior to the move and second the following discussion took place

Councilman Calogera: This is the overtime pertaining to the animal control, arena utility and current fund. What is the current fund $66,774... breakdown to?

Councilman Redmond: It is the employees of the town.

Councilman Calogera: Does this figure cover the Road Department and the snow removal?

Councilman Redmond: Yes it does.

Councilman Calogera: It is all the snow removal?

Mayor Cannon: It covers up to February 20th.

Councilman Calogera: For my purposes I want to separate the Animal Control and the Arena and I will vote on the current fund.

Councilwoman Panos: I want to note that this overtime report includes the inspectors from Code Enforcement pertaining to the fire at Mapleview Apartments. This is the first time that I am going to vote yes on this because they did a superb job.

Councilman Redmond: Part of that was on the last overtime bill.

Councilwoman Panos: No it wasn't.

President Butler: So, Kevin you want to remove something and we will vote on everything else.

Councilman Calogera: I have no objection to the overtime related to the fire or snow removal. Those are examples of justified overtime. I want to separate the arena and animal control.

President Butler: Larry will you rework those figures?

Councilman Redmond: So you want to amend the motion to separate, there has been a motion and a second on the overtime.

President Butler: Yes, he made the motion.

Councilman Calogera: I made the motion to amend and separate.

Deputy Clerk Ward: How much are we voting on now?

Councilman Redmond: We need a recalculation.

Councilman Hoff: What are the money items for?

President Butler: We are voting on the arena and animal control.

Councilman Redmond: That is what is separated.

Councilman Hoff: What are we voting on?

Councilman Redmond: The current fund overtime which includes everyone who worked overtime with the exception of the overtime in the arena and animal control.

President Butler: Roll call.

MOTION

by Councilman Calogera to amend the overtime and separate the animal control and arena overtime, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: Councilman Hoff.

ABSENT: Councilmen Maher, Testino.

Subsequent to the roll call the following comments were made.

President Butler: Now we are voting on the amendments that Kevin pulled.

Councilman Calogera: I will move the animal control fund.

Bill List

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

RESOLUTION #118-03

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 February 24, 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 24, 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 $272.27(Overtime-Animal Control).

Moved by Councilman Calogera, seconded by Councilman Greene and so DENIED on the following roll call vote:

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

NAYS: Councilman Calogera, Greene, Councilwoman Panos.

ABSENT: Councilman Maher, Testino.

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

Bill List

RESOLUTION #119-03

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 February 24, 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 24, 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 $191.75 (Overtime-Arena Utility).

Moved by Councilman Calogera, seconded by Councilman Greene and so DENIED on the following roll call vote:

AYES: Councilmen Baker, President Butler.

NAYS: Councilman Calogera, Greene, Hoff, Redmond, Councilwoman Panos.

ABSENT: Councilman Maher, Testino.

Subsequent to the vote the following discussion took place

Councilman Baker: Does this mean that we are not going to pay the overtime?

President Butler: This has already been paid.

Councilman Baker: I would like the attorney to answer the question why we are voting no, if they have already been paid. What impact does it have to vote no?

Attorney Ruggierio: The council has an obligation under state law, to approve or disapprove all claims. Our labor contracts and in some instances, federal law require the payment of overtime, these obligations are incurred and the council is asked to approve this overtime, even though in most cases its already paid. I would expect at some point in time, you are going to have an audit exception that would say that you have not approved, legitimate claims. I do not know a solution on how we navigate a situation where state law requires you to approve or disapprove and what state and union law require you to do, which is to pay overtime that has been legitimately incurred. We are left in this dilemma since council has traditionally not approved overtime.

Councilman Redmond: What is the general emergency in the arena?

Mr. Badcock: It is also snow removal.

Councilman Calogera: I did not separate this in order to waste time. I am not sent here by my constituents to rubber-stamp anything. I will not vote on anything that I have questions pertaining to how it is run. That was my reasoning for separation and I will continue to do so.

Report of the Attorney

Sommers and Global Cases

Attorney Ruggierio: We have made a settlement with Royal Insurance Company, (a.k.a. Newark Insurance) in connection with a contribution toward our ultimate clean-up of the Sommers property; in the amount of $1,600,000.00. This, based on a judge's decision, exhausts their limits and they want to pay it to us as soon as possible.

Woodland Trails

Attorney Ruggierio: We had a motion on Friday where they were seeking interest on the $6,200,000.00 and also the $7,500,000.00 that we deposited after the new appraisals. We resisted that idea that they were entitled interest on that $7,500,000.00 - the judge sided with the township on that, which is good news. I do think that we have heard the end of this, I think that there will be a motion for reconsideration, possibly an interlocutory appeal on that question. Interest on seven and a half million dollars is serious money.

Illegal Subdivision case filed - Hallock Case

Attorney Ruggierio: The Hallock trial will be heard on March 25th. This illegal subdivision deals with the fact that these people took a piece of a merged lot and they attempted to have it to subdivided it by deed. I filed a lawsuit and I have learned that the statute in the Land Use Law says that we only have two years, as a municipality, in the case of a filed deed, to bring an action against an illegal subdivision. We don't get the deed from the Assessor's office until six months and it requires diligence on the part of whoever sees it to recognize that there is an illegal subdivision. I happened to find this one because I was working on the Hallock case, I have a feeling that this is not the last one of these that we will see. I am going to work on trying to fix up our process, the Assessor has been very cooperative with this.

MOTION

to accept the report of the attorney by Councilman Redmond, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Testino.

Public Comments

Doreen Denny: I'm trying to purchase a home, 476 Brookside Avenue in Laurence Harbor. I'm having a hard time obtaining the deed from the Township. I'm not exactly sure what the problem is but I wanted to bring it before the Council so that I could get some information about what I should or should not be doing. Both attorneys are at a standstill but I'm really in a desperate situation to get this closing done and that's really the only thing that's postponing the closing is the deed.

President Butler: The attorney will speak to you when you finish.

Monty Seewald: I would like to talk about state aid and other aid to Old Bridge. I took this out of the Feb. 7th Home News. It was on page A1, and page A8. It's the release of data to aid to local school boards. Old Bridge got zero dollar increase; Woodbridge got $712,000.00 in addition; Edison got $697,000.00; Piscataway got $456,000.00. When it came to extraordinary aid I mentioned my compliments to the Council people, Mayor and the Assemblyman who went down there. You got $100,000.00 in addition but we didn't get our fair share and nobody should think we did. This is not the first time this has happened. I am still trying to find out what criteria if any is used. The best answer I can come up with right now, and I asked that about a month ago, is nobody knows; it's discretionary. I don't think our town is getting its' fair share from the state.

Mr. Rao: Former Councilman Vitale just told me he gave a copy to the Mayor and Lucille Panos about cutting $5,000,000.00 from the budget. I would like to know , did the Mayor cut anything which the former Councilman proposed?

Councilwoman Panos: As the budget process went on various Council people were given certain departments, so the things I thought were good I passed along to people that were on those budget committees.

Camillo Vitale: A couple of weeks ago I had a little talk with a couple of people. There's word buzzing around town about an ordinance that I happened to be very much involved in back in l997. The ordinance was 43-97. It had to do with reorganization of the police department at the time. After looking over that ordinance and the comments and all the things that went on in that ordinance, I started looking at the pros and cons to what we did back in 1997. That ordinance clearly indicated that we were going to eliminate the position of Chief of Police when he retired. The ordinance at the time was going to serve a good purpose to the taxpayer, also give the Mayor more authority if she had to appoint a director of public safety and in the long run would protect the residents of Old Bridge, at least at that time, what we thought was in a better manner and better administrative way to do things. Looking at that over the last week and getting in depth about it, I am going to ask this Council today, to reintroduce ordinance 43-97 and eliminate the position of Chief. You will see not only in this environment where the Council is claiming that the taxes are being raised we could eliminate a very high salary. It could be done administratively by a civilian, appointed by the Mayor with the help and advice of the Council and it would serve the public much better in the Township of Old Bridge.

Seeing no hands President Butler closed the public portion.

Councilman Hoff: I talked to Ms. Denney and I talked to our attorney and ask that we discuss this in executive session tonight. She needs this settled today.

Mr. Ruggierio: Ms. Denney and I and others have spoken about her matter so I am conversant with it and it would be good if Council was briefed on what the situation is.

Councilman Hoff: I'm asking you to put it at the top of the agenda under executive session.

PROCLAMATION

Mayor Cannon reads the following proclamation for "Read Across America".

Whereas, the citizens of Old Bridge Township stand firmly committed to promoting reading as the catalyst for our students' future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy; and

Whereas, Old Bridge Township has provided significant leadership in the area of community involvement in the education of our youth, grounded in the principle that educational investment is key to the community's well-being and long-term quality of life; and

Whereas, NEA's Read Across America, a national celebration of reading on March 3, promotes reading and adult involvement in the education of our community's students; and

Whereas, Read Across America-NJ is being conducted statewide by the New Jersey Education Association in partnership with the New Jersey State League of Municipalities, the New Jersey Library Association, Saturn-UAW, Staples, and their local affiliates across the state;

Now, Therefore, Be It Resolved that the Township of Old Bridge calls upon all citizens to assure that every child is in a safe place reading together with a caring adult on March 3, 2003;

And Be it Further Resolved, that this body enthusiastically endorses NEA's Read Across America and Read Across America-NJ, and recommits our community to engage in programs and activities to make America's children the best readers in the world.

President Butler: Mr. Calogera you have something you would like to enlighten us about.

Councilman Calogera: Danny Volpis is one of the kids who went to our schools. Went to Schirra. Danny is a graduate of Old Bridge High School. Danny was involved in a car accident around Christmas time and has been pretty much in a coma since then. There's going to be a fund raiser for him. There are a lot of medical bills. Danny had a lot of passions. He was into filming. He used to film our track meets. Many of you may know him. Margaret and Frank are his parents. St. Clements, on March 8th , on Route 79 at 8:00 p.m. they are going to have a fund raiser and a dinner.

President Butler: Mr. Calogera are you going to have the information to pass out in reference to a flier or something to the public on this?

Councilman Calogera: I would like to get some things to put out and maybe we can get it posted on our community channel.

HEARINGS

Release/Reduction Performance Guarantee - Industrial Realty Application #105-99P

John Vincenti: As you may recall, this matter was on the Council agenda three weeks ago, was continued and we now have representation by Counsel. The property is located on Industrial Drive off of Route 35. We're currently holding a total performance bond in excess of $129,000.00. We performed our inspections. All the site improvement works have been satisfactorily installed. Our recommendation is release of the performance bond subject to

posting of a maintenance bond for a two year period in the amount of 15% of the original performance guarantee. As a matter of question from Counsel to our attorney, the representative of the developer has asked why we are requiring a maintenance bond for the two year period as this is an onsite development. My response to him was that is in accordance with our policies and procedures and also permitted under the municipal land use law.

President Butler: Sir, do you agree with the Township engineer's recommendation.

Warren Fink:Yes, my client will post the maintenance bond.

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

MOTION

To release the Performance Bond pending a posting of a two year maintenance bond of 15% of the original amount by Councilman Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Testino.

Release/Reduction Performance Guarantee - Renaissance (On Site) #9400Z

John Vincenti: There are actually two bonds associated with this development. I think we should separate them. One is an on site bond, that's the first one. Renaissance Plaza is located on route 9 northbound across from Oasis Ford. It's the new development that includes the office building, a new ban and a commercial development. With respect to the on site bond we are currently holding a total amount in excess of $472,000.00. We performed all our inspections. They are satisfactory to our office. We are recommending a release of the performance guarantee subject to the posting of a maintenance bond for two year period in the amount of 15% of the original guarantee.

Jonathan Heilbrunn: I am appearing on behalf of Renaissance Plaza. We concur with Mr. Vincenti.

Councilman Calogera: John, is everything complete over there?

John Vincenti: Yes.

Councilman Calogera: There's no further construction or anything?

John Vincenti: No

Councilman Baker: We had that couple come here a couple of times. Is this the development they were concerned about?

John Vincenti: They are located right next to the office building. It was an elderly couple and I forget their name. We have not received any correspondence or calls from them. We did go out there and took special notice of the required buffer and fencing along their property line. This developer has gone above what they were required to do from the standpoint of the landscaping. The landscaping that was planted out there exceeds our minimum standards, far exceeds the minimum size requirements.

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

MOTION

to release the performance bond subject to posting a two year maintenance bond in the amount of 15% of the original performance bond by Councilman Redmond, seconded by Councilman Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Testino.

Release/Reduction Performance Guarantee - Renaissance (Off Site) #9400Z

John Vincenti: The second half of this deals with the off site improvements. With respect to the off site improvements we are holding a total bond in excess of $121,000.00. All of our inspections have been completed. We're recommending a release of the performance bond subject to three conditions. The first is the posting of the two year maintenance bond in the amount of 15%. The second item is providing our office with as built drawings and the third is providing the letter of final compliance from Freehold Soil Conservation District with respect to the detention basin. We received a winter partial compliance letter. The applicant cannot provide at this time the full compliance letter because of winter conditions. What the applicant has suggested and we are amenable to that is holding the 10% cash deposit that totals $12,111.98. Releasing the paper bond, authorizing the release once we get the final sign off from Freehold Soil and allowing the maintenance period to begin basically at this point. We have no objection to that. That completes my report.

President Butler: Mr. Heilbrunn do you concur with that?

Jonathan Heilbrunn: Yes.

Councilman Redmond: Is it usual for us to release performance bonds without as-built drawings? We usually have them before we even think of releasing a bond.

John Vincenti: That's correct, yes. Generally the submission of the as-built drawings, we have them on this particular property for the on site locations. That's basically a paper copy to support what our inspectors feel the observations have been.

Councilman Redmond: The only thing I'm worried about is; the acceleration lane at Home Depot comes to mind, and how that somehow slipped through the cracks. I don't want to see things like that happening again. So the as-built drawings mean a lot to me. This is a stipulation, in other words they can't have money until we get the drawings.

John Vincenti: That's right. That's an absolute condition. We don't release the bond without the as-built.

Councilman Calogera: What does it cost to put together the as-built?

John Vincenti: I would say on the order of about two to five thousand dollars. It's more than covered by the cash we have.

Jonathan Heilbrunn: We believe that they presently exist and Mr. Vincenti or his staff may not have had the opportunity to review.

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

MOTION

To release the performance bond subject to the 3 stipulations stated by the Engineer, by Councilman Calogera, seconded by Councilman Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Testino.

Release/Reduction Performance Guarantee - Prest's Mill Estates Blk 13003 Lot 37.11 - 37.17

John Vincenti: This bond release request involves an application to construct seven single family homes located at the end of Prest's Mill Road. This application dates back to 1986. The improvements have been completed for quite some time. There have been a number of requests for the release of the bond. One was recently in June of last year. At that time we reported back to the Council that there had been correspondence from a resident by the name of Thomas Landi, 46 Prest's Mill Rd. I believe he is the last house on Prest's Mill Road. Between that time and now we have reviewed his letter. There were really three items in that letter that dealt with bonded improvements and we have summarized them. The first dealt with an issue of the driveway. We have reviewed that dating back to October of 1998. With some of that we're satisfied that the work was done appropriately. Second item dealt with the alignment of the curbs. There is a jog in that road, again, review of what was built conforms to what was proposed on the plans and that's satisfactory at this time. The other item deals with some soft areas in the yard. We check back dating to 1997 and found that in 1997 there were various inspections done and it was deemed to be acceptable in 1997 by the engineering department. Accordingly we are recommending a release of the performance guarantee subject to two items. The first is the standard maintenance bond being posted in the amount of 15% of the original performance guarantee. The second item deals with Mr. Landi's yard. Again, because of the time of year, basically over the last two months it is not practical to evaluate ground conditions because of the winter weather. What we're suggesting is that we would docket this to be reinspected within the time frame of the early spring at the end of April. I also noted that in 1997 this was deemed to be acceptable so I really don't anticipate finding any problem out here but in respect to the property owner I think we owe it to him for this one last shot.

President Butler: Mr. Heilbrunn is there anything you would like to add to that?

Jonathan Heilbrunn: No.

Councilwoman Panos: In 1997 this was inspected. Mr. Landi wrote in June 2002.. How come it couldn't be inspected in June when the weather was fine.

John Vincenti: It was reinspected in June and we verified that it was satisfactory.

Councilwoman Panos: I see that it was inspected in 1997.

John Vincenti: It was inspected in 1997. When we got the letter in June we also went out there and our notes and documentation indicate that the property was acceptable at that time.

We haven't heard from Mr. Landi between June, 200 and now. We are just double checking this.

We're satisfied that the condition is acceptable however just as a safety precaution we want to go out and double check it again in April. We haven't heard back from Mr. Landi as to whether or not he is satisfied one way or the other.

Councilman Greene: I just wanted to point out that is a letter in the packet from Mr. Landi in June and then on the backup it said that relative to this meeting you didn't hear anything from Mr. Landi but if you look at the tax list that's provided where you send notices out to all the affected residents, at 46 Prest's Mill Road which is the property we have a different name, it's not Mr. Landi it's a Camille Colletti and if you look at the certified letters that were sent out in particular 46 Prest's Mill, it wasn't sent to Mr. Landi it was sent to that woman again so I would caution you to follow up with the actual owner of that property if it is Mr. Landi and make sure he is still the owner of that property, that these bondable items that he has concerns with are taken care of.

John Vincenti: We'll do that. Maybe Mr. Landi no longer lives there.

Jonathan Heilbrunn: According to Mr. Weber it was always in her name, not in his.

Councilman Redmond: It appears that the curbing and landscaping installed by the homeowner has adversely impacted the runoff on the driveway. When curbing in particular is installed is this something that they have to get a permit for?

John Vincenti: Not on private property.

Councilman Redmond: So this was in their own driveway and we've determined that this cracking in the driveway and other stuff is due to these things.

John Vincenti: Yes.

Councilman Hoff: I move to release on the recommendation of the engineer.

Councilman Calogera: Do we have that recommendation?

John Vincenti: Yes.

Councilman Redmond: There's a whole list here of other things that aren't really bonded but in previous cases we've made it a stipulation that these things be addressed through homeowner policies or home warranty policy as we did with the business of windows and cracked foundations. Has anybody checked any of this out?

John Vincenti: We know that in reviewing the file in October, 1998 we were advised that there had been some action taken by the homeowner against the developer, whether it was a private litigation or homeowner's warranty. Other than being advised by Mr. Weber that the matter was resolved in some form or another we don't know how it may or may not have been resolved.

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

MOTION

to release the performance bond, subject to posting a maintenance bond in the amount of 15% of the original bond and the re-inspection of 46 Prest's Mills Road in April, 2003 by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Testino

NO PARTICIPATION: Councilman Baker.

ORDINANCE FOR SECOND READING

Township of Old Bridge
Ordinance No. 05-03

An Ordinance of the Township of Old Bridge Scheduling Public Speaking at All Council Meetings

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

Section 1. Purpose

New Jersey has adopted the Open Public Records Law. This Ordinance creates a public portion at all meetings of the Township Council during which members of the public can speak and be heard in accordance with the Open Public Meetings Act. N.J.S.A. 10-4-6, et seq. This Ordinance sets forth reasonable provisions to allow and facilitate the public's right to speak.

Section 2. Public Portion

There shall be a public portion at all meetings of the Township Council during which the public will be invited to speak on any subject matter for a period not to exceed three (3) minutes per person. At regular meetings of the Township Council, an additional three (3) minute opportunity to speak shall be permitted which shall be limited to items listed on the agenda for action. If a statute, ordinance or council tradition permits a public hearing or public comment before a vote or other action on any item at the meeting, such item shall not be subject to this separate right to speak. Unless a different procedure is established by vote of the Township Council, the public's right to speak at agenda meetings shall be held at the end of the meeting. The public's right to speak at regular meetings shall be held at a time established by the Clerk on the published agenda unless the Township Council shall by majority vote, designate a different time for the public to make its comments.

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 N.J.S.A 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to N.J.S.A 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 N.J.S.A 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.

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

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

NAYS: None.

ABSENT: Councilman Testino.

President Butler opened the public portion.

Monty Seewald: What is this ordinance about?

President Butler: Before we didn't allow people to speak at Agenda sessions, it is a State law that just came out where we have to decide when the public will speak, at the beginning or the end. The Council decided that they will speak at the end of the meeting.

Councilman Baker: I would like to thank Councilman Greene for his support in writing this document. I believe it is essential that the public comment at all of our meetings but I think it is equally essential that they be limited and that time limit be enforced to give all the residents a chance to speak. The question I have to the Council is who is in charge of that to make sure the ordinance is upheld?

President Butler: We decided some time ago that the Clerk would be the one to do that.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 07-03

ORDINANCE AMENDING ORDINANCE #23-00 FIRE INSPECTION FEES

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

Ordinance #23-00 is hereby amended by addition thereto. The following new subsections to Section 2 Paragraph 26 thereof shall be added

Section 2. Amendment

Section 2.

Paragraph 26. Required inspections (add subparagraphs (d), (e) and (f) as follows:

(d) Multiple Dwelling Inspections: The local enforcing agency shall engage in multiple dwelling inspections pursuant to N.J.S.A. 5:70-2.1. The fee for each inspection shall be the fee per unit as set forth below.

  • Smoke Detector Inspections: Local enforcing agency shall engage in smoke detector inspections with R-3 uses pursuant to N.J.S.A. 5:70-2.3 and the fee for the inspections shall be set forth below.

  • Fees for Inspections: The fee schedule for the inspections (d) and (e) is as follows:

(1) Inspections conducted on ten (10) business days notice or room - $35.00

(2) Inspections conducted on less then ten (10) but more then four (4) business days notice - $50.00

(3) Inspections conducted less then four (4) business days notice - $100.00

Section 3. Remaining Provisions

The other provisions of Ordinance 23-00 shall remain unchanged.

Section 4. 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 5. 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 6. 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 N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to N.J.S.A. 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 N.J.S.A. 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.

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

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

NAYS: None.

ABSENT: Councilman Testino.

ABSENT PODIUM: Councilman Calogera.

Prior to the vote the following discussion took place

Deputy Clerk Ward: We're not doing this because I don't have the ordinance in the book.

Councilman Redmond: We have this ordinance, I gave it to Bill. We need to move on this. Alayne and I had a meeting with the fire marshals months ago. This is something we need to do. We're not increasing the fees. The fees stay as they are. All we're saying is you have to give a reasonable amount of notice. If you let them know two weeks in advance the fee is okay and then it goes down to like $50.00 if it's seven days and then I think it's a little more if it's less than 4 days because they have to get people out to do this sort of thing. We had all this information.

Councilwoman Panos: I remember seeing it also. I would like to move this forward also.

Mr. Ruggierio: I think you could introduce it since it has been sent to the Clerk. We'll make sure the Clerk's office has another copy if they need it to publish it and then you'll have it to be commented upon at second reading.

Councilman Greene: I support this also but I thought we did approve this once before.

Mr. Ruggierio: I think a question came up Mr. Greene about where did this ordinance come from. There was just a question about who was the proponent of the ordinance and once we were satisfied we thought that this should come back up for introduction and processing.

DISCUSSION ORDINANCES

DO-1 Ordinance to accept deed between Jeffrey Robbins and Township of Old Bridge (Part of Lot No.18 - Block No. 10254). (WSR)

DO-2 Ordinance to accept deed between The Fonseca Group, Inc. and Township of Old Bridge (Block No. 11232, Lot No. 3.11). (WSR)

DO-3 Ordinance to accept deed between Woodhaven Village and Township of Old Bridge (Block No. 22001, Lot No. 4.12). (WSR)

Attorney Ruggierio: All these ordinances dealing with acceptance of properties are all related to planning or zoning board approvals where there has been a required dedication and we are merely making the process complete.

Councilwoman Panos: I would like to know where these properties are.

Councilman Greene: It is not clear where the properties are and how much land it is.

Attorney Ruggierio: We will have to wait for John Vincenti to come back and give us some details.

DO-4 To amend Ordinance #43-02 - Persons convicted of selling cigarettes to minors to display sign publishing the conviction.

Councilman Calogera: The suggestions on amending the ordinance would be for a second offense, not a first, and it would be a second within eighteen months. Also, you would post a sign for 90 days. We would cross reference this... the county is willing to make it mandatory (upon a conviction) that the under age purchaser and seller attend a class run by the county. We are also going to cross reference this to the existing ordinance that was done by Mr. Maher a few years ago; regarding the education. This makes this a more workable and fair ordinance.

President Butler: Will you have this for the next meeting?

Councilman Calogera: I would like the consensus of the council and then we will have it drawn up.

Councilman Hoff: I think this is foolish and we should stop playing God.

Councilwoman Panos: How long is the posting of the sign in the first ordinance?

Councilman Calogera: I think it was six months.

Councilwoman Panos: Both the buyer and seller attend classes, or is it an option?

Councilman Calogera: No, they both do.

Councilman Baker: The first time, someone does not have to post a sign, correct?

Councilman Calogera: Correct, it is the second offense within eighteen months.

Councilman Baker: I would like the council to consider that it be three times. I think this ordinance is still too aggressive. One conviction, the owner pays a fine, this does not address the repeat offenders. If it was three times, I could support this. I don't think that we have a problem of owners selling to minors in significant numbers. I think that this is a guardian issue, not a council issue.

Councilman Hoff: I agree. I would like to ask Councilman Calogera if he is aware that these store owners are fined, or arrested and charged on an entrapment system.

Councilman Calogera: I am aware that the county, at times, has spotters and they attempt to purchase cigarettes.

Councilman Hoff: Do you know that they give kids money to go in and buy cigarettes?

Councilman Calogera: If its entrapment, I don't think that they would be able to do what they're doing; It would be challenged in court. This is different then entrapment in a legal sense. They would have no way of enforcing the law.

President Butler: We will now go back to the first discussion ordinance.

DO-1 Ordinance to accept deed between Jeffrey Robbins and Township of Old Bridge (Part of Lot No.18 - Block No. 10254). (WSR)

Mr. Vincenti: This is a deed conveyed to the township associated with a minor subdivision for a two lot property on Jake Brown Road. It was required that the applicant dedicate additional right-of-way for road widening.

DO-2 Ordinance to accept deed between The Fonseca Group, Inc. and Township of Old Bridge (Block No. 11232, Lot No. 3.11). (WSR)

Mr. Vincenti: This is associated with Carrington Woods and this is for deed conveyance of a conservation easement. This easement shows on the final plat.

DO-3 Ordinance to accept deed between Woodhaven Village and Township of Old Bridge (Block No. 22001, Lot No. 4.12). (WSR)

Mr. Vincenti: There was a requirement of 200 acres to be conveyed as part of the open space. That is what this is. The council had taken action on this a few months ago. This is just the conveyance.

Councilman Greene: I want to know if this was the 200 acres that we were receiving from Woodhaven Village.

Mr. Vincenti: When the map is filed, technically we own it, this is one extra legal assurance that we in fact own it without dispute.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE No. 8-03

ORDINANCE AUTHORIZING ACCEPTANCE OF LAND FROM JEFFREY ROBBINS

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 OF ORDINANCE

This Ordinance is adopted for the primary purpose of accepting an area of 2,941 square feet of land within the Township of Old Bridge from Jeffrey Robbins.

SECTION 2: ACCEPTANCE OF PROPERTY

The Township of Old Bridge does hereby accept 2,941 square feet of property located in the Township of Old Bridge and known as Block 10254, Lot 18 and more fully described in the legal description attached hereto. 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 repeated to the extent of such inconsistency.

SECTION 4: PARTIAL INVALIDITY

If any section, paragraph, clause or provision of this Ordinance shall be adjudged invalid, such 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 Municipal 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 40:69A-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.

Schedule A - Ordinance 8-03

DESCRIPTION OF RIGHT-OF-WAY DEDICATION

LOT 18, BLOCK 10254
OLD BRIDGE TOWNSHIP
MIDDLESEX COUNTY, NJ

Beginning at the point, said point being located at the common property corner of lot 18 and lot 14.11, in block 10254, and also located a distance of 16.5' from the centerline of Jake Brown Road (33' right-of-way), thence;

1. S 62º 52' 02" W, a distance of 251.49', to angle point in Jake Brown Road, thence;

2. S 87º 26' 51" W, a distance of 88.15', to a point, thence;

3. N 13º 36' 34" E, a distance of 8.85' to a point, thence;

4. N 87º 26' 51" E, a distance of 56.60' to a point thence;

5. Along a curve to the left, having a radius of 125.00' an arc length of 53.63', thence;

6. N 62º 52' 02" E, a distance of 228.95' to a point, thence;

7. S 10º 27' 00" W, a distance to 10.73' to the point and place of beginning.

This description includes 2,941 square feet, or 0.07 Ac., dedicated to Old Bridge, for Roadway purposes, as shown on the Minor Subdivision Plan by Design Tec Engineering, dated 3/20/01, and revised 1/4/02

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

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

NAYS: None.

ABSENT: Councilman Testino.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
Ordinance No 09-03

ORDINANCE AUTHORIZING ACCEPTANCE OF LAND FROM THE FONSECA GROUP, INC.

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 OF ORDINANCE

This Ordinance s adopted for the primary purpose of accepting an area of 43,189 square feet of land within the Township of Old Bridge from The Fonseca Group, Inc.

SECTION 2: ACCEPTANCE OF PROPERTY

The Township of Old Bridge does hereby accept 43,189 square feet of property located in the Township of Old Bridge and known as Block 11232, Lot 3.11 and more fully described in the legal description attached hereto. 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 repeated to the extent of such inconsistency.

SECTION 4: PARTIAL INVALIDITY

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

  • 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 Municipal 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 40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.
  • If the Mayor vetoes the Ordinance (in the manner set forth as NJSA 40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.
  • 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.

Schedule A - Ordinance 9-03

DESCRIPTION OF A CONSERVATION EASEMENT SITUATED
IN THE TOWNSHIP OF OLD BRIDGE, MIDDLESEX COUNTY, NJ

Being known and designed as Lot 24, Block 11232 as shown on a plan entitled "Final Plat for Carrington Woods, Inc., Section 2, Lot 3.11, Block 11232" prepared by Maser Sosinski and Associates dated June 6, 1995, filed in the Middlesex County Clerk's Office on August 7, 1997 as Map #5850 File No. 982

Beginning at a point, said point being common point between Lots 48, 13.12 and 24, Block 11232 as shown on said map and running.

1. S 84º 14' 40" E, 368.22 feet to a point, thence;

2. S 02º 26' 50" W, 187.89 feet to a point, thence;

3. N 40º 52' 20" W,174.83 feet to a point, thence;

4. S 49º 07' 40" W, 112.26 feet to a point, thence;

5. Along a curve to the left, having a radius of 60.00 feet an arc length of 79.32 feet to a point, thence;

6. N 26º 37' 02" W, 80.00 feet to a point, thence;

7. N 76º 49' 42" W, 70.25 feet to a point, thence;

8. N 13º 10' 18" E, 68.03 feet the Point and Place of Beginning.

Containing 43,189. s.f.

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

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

NAYS: None.

ABSENT: Councilman Testino.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
Ordinance No. 10-03

ORDINANCE AUTHORIZING ACCEPTANCE OF LAND FROM THE WOODHAVEN VILLAGE, INC.

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 OF ORDINANCE

This Ordinance is adopted for the primary purpose of accepting an area of land within the Township of Old Bridge from the Woodhaven Village, Inc.

SECTION 2: ACCEPTANCE OF PROPERTY

The Township of Old Bridge does hereby accept the property located in the Township of Old Bridge and known as Block 22001, Lot 4.12 and more fully described in the legal description attached hereto. The conveyance of the property shall be made by deed in 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 repeated to the extent of such inconsistency.

SECTION 4: PARTIAL INVALIDITY

If any section, paragraph, clause or provision of this Ordinance shall be adjudged invalid, such 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 Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentation to the Mayor of the Ordinance pursuant to NJSA 40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

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

Schedule A - Ordinance 10-03

Property. The property consists of the land and all the buildings and structures on the land in the Township of Old Bridge, County of Middlesex, State of New Jersey. The legal description is:

Being known and designated as Block 22001, Lot 4.12 on the map entitled "Preliminary and Final Subdivision Plat, Woodhaven Village Public Open Space Dedication, Block 22001, Lot 4 and Block 22000, Lot 37, Township of Old Bridge, Middlesex County, New Jersey" prepared by Schoor DePalma dated March 30, 1999 and revised to March 10, 2000 (consisting of 2 pages) and filed with the office of the Clerk of Middlesex County on April 14, 2000 as Map No. 6057, File 984.

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

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

NAYS: None.

ABSENT: Councilman Testino.

DO-5 To amend Ordinance #52-02 - Summer Program Middle School Fees - Township of Old Bridge Day Care Program. (TB)

President Butler: The clerk tells me that we cannot do this because we do not have an ordinance.

Mayor Cannon: I have the recommendation for an ordinance to be drawn up.

Mr. Badcock: I have a memo for this, it is only an amendment to an ordinance.

Councilman Redmond: Can we move it for first reading based on the memo?

Deputy Clerk Ward: We need an ordinance if you are going to introduce an ordinance.

President Butler: We will hold off on this then.

Consent Agenda

President Butler: I just want the council to know that C3 (Res #122-03 Salt Water Day Celebration)and C9 ( Res #136-03 Granting Permission to Elks for Camp Moore Picnic) are contingent on the insurance.

Councilman Calogera: What is the insurance amount for these two?

Deputy Clerk Ward: I believe it is $10,000,000.00

President Butler opened the public portion on the Consent Agenda. Seeing no hands President Butler closed the public portion.

BINGO/RAFFLE

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

RESOLUTION #120-03

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:

RA311A-03 St. Thomas the Apostle Church

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

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

NAYS: None.

ABSENT: Councilman Testino.

LAURENCE HARBOR LITTLE LEAGUE PARADE

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

RESOLUTION #121-03

WHEREAS, the Laurence Harbor Little League has proposed an opening day parade for its little league season on Saturday, April 12, 2003 at 9:00 a.m.; and

WHEREAS, the Township Council wishes to endorse such a parade and permit such parade to occur in the public streets; and

WHEREAS, the Laurence Harbor Little League wishes the parade to assemble at the Laurence Harbor beachfront (behind Hoffman's Pharmacy) crossing Route 35 going west on Laurence Parkway, turning south on Ely Avenue to Little League Complex; and

WHEREAS, a resolution is required for that purpose.

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 grants permission for an opening day parade to be conducted by the Laurence Harbor Little League.

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

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

NAYS: None.

ABSENT: Councilman Testino.

GRANTING PERMISSION TO THE LAURENCE HARBOR FIRST AID SQUAD TO HOLD A SALT WATER DAY CELEBRATION

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

RESOLUTION #122-03

WHEREAS, a request has been made by the Laurence Harbor First Aid Squad to hold a Salt Water Day celebration which will include a fireworks display; and

WHEREAS, the Laurence Harbor First Aid wishes to hold its celebration on Saturday, August 9, 2003 from 2:00 p.m. to dusk, and is also seeking approval to have a fireworks display.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission is hereby granted to the Laurence Harbor First Aid Squad to hold its Salt Water Day celebration on Saturday, August 9, 2003 including approval to have a fireworks display, which is contingent upon the Township's receipt of insurance.

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

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

NAYS: None.

ABSENT: Councilman Testino.

AUTHORIZING PAY OUT OF ACCUMULATED TIME TO THE ESTATE OF STEVEN TOMPKINS.

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

RESOLUTION #123-03

WHEREAS, the Township Council of the Township of Old Bridge has a policy