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, March 24, 2003 at 7:30 p.m.

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

Council Comments.

Councilman Baker: We wish good luck to Old Bridge High School who are in a state tournament.

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 February 2003:

DOGS:
1401-2100 5,383.00

LICENSE:

Vending

Amusement - $25.00 each
#27-28 OB Elks . 50.00
29 Drug Fair 25.00
30-137 Funmania 2,200.00

Candy - $5.00 each
#6-49 Folz Vending 220.00
50-51 RS Vending 10.00
52-54 Mycor Vending 15.00
55-60 Compass Group 30.00
61-64 Sodexho 20.00

Soda - $10.00
#2 Auto Cellular 10.00
3 The Laundry Room 10.00
4-8 Mycor Service 50.00
9-15 PepsiCo 70.00
16 CSB Services 10.00
17-31 Compass Group (#26 VOID) 140.00
32-35 Sodexho 40.00

Food - $25.00
#1-2 Folz Vending 50.00 3-5 Compass Group 75.00

Used Car
#324 Daron Motors 500.00
325 Future Chevrolet 350.00
326 Route 34 Auto 500.00
327 Oasis Dodge 350.00
328 Oasis Ford 350.00

Limousine
1203-55 Shapetan 50.00
5,125.00

LIQUOR LICENSE
Transfer application - Breakfast Club 4.00
Auction Packets 46.00
50.00

Maps
Street Map 5.00

BINGO/RAFFLE
RA 43-03 Easter Seals of NJ 10.00
RA 44-03 VENUE MOVED VOID NUMBER
RA 45-03 VENUE MOVED VOID NUMBER
RA 46-03 Joseph Cantena School 10.00
20.00

PARKING PERMITS
1756-1799 900.00
Replacements - 1766, 1767, 1773, 1776, 1778, 1781, 1784, 1796

SEARCH
3 thru 6 -2003 30.00

MISCELLANEOUS:
Locomotion Towing Reimb Advertising 142.56
Photocopies - Copies 17.50

Total: $11,673.06

Motion

to accept the Report of the Clerk made by Councilman Hoff, seconded by Councilman Calogera and so ordered on the following roll call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, President Butler.

NAYS: None.

ABSENT: Councilmen Maher, Redmond, Testino, Councilwoman Panos.

Report of the Attorney.

Attorney Ruggierio: You understand the concept behind the settlement in the Sommers case. We are only one carrier and $300,000 away from putting together our $6 million package to bring that case to a close. The major open issue is the valuation questions which we are still working on and should have movement on this week.

The Hallock case is scheduled for March 25.

Preliminary Public Comments

Mr. Valentino: Old Bridge Watch is concerned about the youth in town. Mr. Baker mentioned security, and I agree that this building needs to be secured. Al Qaeda has been shown on tape learning to make raids on schools. The tape recorded them as saying in English "Kids get down on the floor.". The children in Old Bridge are my concern, and I want to know what is being done to secure our schools.

President Butler: Please check with the Board of Education.

Mayor Cannon: The emergency management and the police department have been working with the schools identifying exits and entrances; working out evacuation routes, etc.

Mrs. York: I would like a guarantee that the intersection of Marsad Drive and Charles Street will be taken care of when the repaving program begins. Mr. Donatelli cold-patched the many holes on Charles Street. My condolences to Lt. Lynch, who passed away this weekend.

Councilwoman Panos: Rocky and I did discuss it. That is number one. It goes without saying. We discussed this last week and the other day.

Mayor Cannon: John Vincenti worked out with the state that they are going to pave that, and we will be on top of them to do this first thing when the weather breaks.

Hearing.

Pulaski Savings Bank Release/Reduction

Mr. Vincenti: We have performed our inspection of the improvements. We are holding a performance bond in the amount of $133,194. There were no previous reductions to the performance guarantee; all improvements were completed to our satisfaction. We are recommending a release of the performance guarantee subject to the posting of the "as builts" which we have received today, and the posting of a maintenance bond for two years in the amount of 15% of the original performance guarantee which is $19,979.

Mr. Larner (of the firm of Budd Larner Rosenbaum was present representing Pulaski Savings Bank): Will you retain the cash deposit and we pay the overage?

Mr. Vincenti: We accept one bond either cash or one paper bond as opposed to half cash and half paper.

Mr. Larner: Currently, you have $13,319.40. We submit the balance in cash and make the $19,979?

Mr. Vincenti: Yes, and there is additional paperwork with that.

Attorney Ruggierio: This is the execution of a cash bond. If you want to post cash, it is a simple procedure as opposed to a third-party surety bond.

Councilman Testino: I have recommended this organization (Pulaski) for an award because I think they did a great job. I am willing to go along with the engineer's recommendation, and I don't know if that disqualifies me. I welcome this organization to town, and we thank organizations like yours because it is good for Old Bridge. I know a little about their corporate history. They were up north and have a branch in East Brunswick. They did a great job on the site which was a dilapidated, uninhabitable farm house which looks wonderful now.

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

Motion

to release the performance guarantee of Pulaski Savings Bank subject to the posting of a two year maintenance bond and as-builts made by Councilman Baker, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Maher, Redmond.

Reformed Church Ministries - Release/Reduction Performance Guarantee

POSTPONED

RESOLUTION NO. 142-03

APPROVAL OF MINUTES

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

the following minutes are hereby approved:

Combined Meeting - January 27, 2003

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

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

NAYS: None.

ABSENT: Councilmen Maher, Redmond.

Ordinance for Second Reading

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

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

NAYS: Councilman Testino.

ABSENT: Councilmen Maher, Redmond.

Prior to the roll call vote President Butler opened a public portion. Seeing no hands President Butler closed the public portion.

Ordinance for Second Reading.

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 08-03

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 1/04/02

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

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

NAYS: None.

ABSENT: Councilmen Maher, Redmond.

Prior to the roll call vote President Butler opened a public portion. Seeing no hands President Butler closed the public portion.

Ordinance for Second 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 r 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 09-03

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

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

NAYS: None.

ABSENT: Councilman Maher.

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

Councilman Testino: Have we done the necessary phase studies?

Attorney Ruggierio: These are dedications from a planning board prospective. We have not done any environmental investigation on these properties.

Councilman Testino: Does this have to be done before we accept the properties?

Attorney Ruggierio: I would not think so. It is an interesting question, but I think the planning board has before it substantial information as well as the oversight of the engineer that would tell them if there were an environmental concern. We accept many of these as property. I would think that doing an environmental investigation would be cost prohibitive unless it was somehow otherwise indicated. These are dedications at the planning board level that we are merely confirming by acceptance. These ordinances indicate that in the future we will maintain these properties.

Councilman Testino: It crossed my mind that maybe somebody should be checking to be sure. I don't have the planning board records, and I will leave this with the township engineer.

Attorney Ruggierio: I am sure that they know enough about these properties at the time that the approvals occur.

Mr. Vincenti: With respect to two out of the three (properties) one is a conservation easement; the other is a small sliver of land for a right-of-way dedication. With respect to the dedication of the 100 acres for recreation for Woodhaven Village, that is a valid question. Mr. Ruggierio and I had a similar conversation, and the question was a Phase I environmental audit done? We have not been provided with one from the applicant; however, there was an environmental impact statement that was submitted with the planning board application. I was not involved in that review, but I don't believe that there were any "red flag" issues with respect to that property.

Councilman Testino: I brought this up in the middle so that I would not flag any one property, but you know where I am leading. I don't want any properties that we have to clean.

Mr. Vincenti: My suggestion about that one property is that the application has a continuing obligation to develop the property in accordance with the GDP. There is a substantial improvement required for a recreational package - about $3 million. We currently have the Section II Woodhaven Village application pending before the board, and if it would offer a level of comfort, I think we can take parallel action by the planning board to insure that we are satisfied with the environmental conditions on that property. I don't think we should hold up the acquisition.

Councilman Testino: Is Williams taking care of the legal documents?

Mr. Vincenti: Yes.

Councilman Redmond: The environmental impact statement at the planning board is before the construction, and this property. . . This is not where the recreation package is going, is it?

Mr. Vincenti: There are two recreation obligations of the developer. One is on-site recreation on the Woodhaven Section I property. The second (the piece of property that this deed applies to) is about 100 to 200 acres north of the Raceway Park property. It is a large acquisition; the developer has a $3 million obligation to improve that property with some form of an amenable recreation package. If they are going to erect a building, they have to go before the planning board.

Ordinance for Second 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

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 Baker, seconded by President Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Maher.

Prior to the roll call vote President Butler opened a public portion Seeing no hands President Butler closed the public portion.

RESOLUTION NO. 143

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 March 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 March 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 $9,093,805.96 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 144

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 March 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 March 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 $738,504.78 (Payroll).

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 145

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 March 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 March 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 $97,558.60 (Overtime).

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

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

NAYS: Councilmen Greene, Hoff.

ABSENT: Councilman Maher.

Ordinance for First Reading

Section 1. Purpose

This Ordinance requires a person or entitles convicted of selling cigarettes or other tobacco products to minors to display a sign publishing such conviction in a conspicuous place in the store where such sale occurred.

Section 2. Sign Required to be Posted by Persons or Entities Convicted of Selling Cigarettes or Other Tobacco Products to Minors.

A. Any person or entity operating a store licensed or otherwise authorized to sell cigarettes within the municipal boundaries of the Township of Old Bridge found guilty of selling cigarettes or other tobacco products to a minor twice within a period of eighteen (18) months shall post a sign in its front window or upon its front door in the following form and with the following content:

This establishment has been found guilty of selling cigarettes or other tobacco products to minors on the following occasions:

[List dates of all violations with reference to the caption of the matter (if any) with docket numbers or case number which resulted in a conviction for selling cigarettes or other tobacco products to minors]

• The sign required by this ordinance shall be posted for not less than ninety (90) days following any conviction of selling cigarettes or other tobacco products to minors. The signage requirement of this ordinance shall bind any successor corporation having substantially the same officers or ownership as its predecessor.

Section 3. Mandatory Education

As a condition of the issuance and continued right to hold any health licenses or mercantile licenses, the owner(s) of any business entity convicted twice within a period of eighteen (18) months shall attend a mandatory class of instruction regarding legal requirements of selling cigarettes and other tobacco products. For purpose of this ordinance, owner is defined to be any person holding 10% or more of any business entity who actually works in the business. Any person owning 33 - 1/3% or more of any business entity shall be regarded as an owner whether he or she works at the business premises or not.

To the extent permitted by law, the Township of Old Bridge does hereby impose as an additional penalty upon any minor convicted of illegally purchasing cigarettes that he or she be compelled to attend a smoking cessation class.

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 NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.

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

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

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

AYES: Councilmen Calogera, Maher, Redmond, Testino, Councilwoman Panos.

NAYS: Councilmen Baker, Greene, Hoff, President Butler.

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

Motion

to amend this smoking ordinance by changing the word "twice" to "three times within an eighteen month period" made by Councilman Baker, seconded by Councilwoman Panos and so denied on the following roll call vote:

AYES: Councilmen Baker, Redmond, Testino.

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

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

Attorney Ruggierio: The first motion that takes precedent is the motion to amend. This has not been introduced yet. All that is occurring at this point is that Mr. Baker has made a motion that his amended form of the ordinance be introduced. If it passes, it will have been introduced and advertised and will go for second reading. If it fails, you go back to the original "motion" to introduce what you received in your packet. I believe that this should be subject to discussion because an amendment is a substantive issue.

Councilman Calogera: To amend this ordinance and bring it to a third conviction within eighteen months would take the strength out of it and would make it a weak, non-existent ordinance. I think that moving it from one offense to the second offense was reasonable. Unfortunately, if it goes to a third offense, it will have no bite.

Councilman Greene: I commend the effort to amend the original ordinance to lessen the severity, but I think that we are focused on the wrong thing - the placement of signs on the store window of an individual who sells to minors. I believe that our focus should be on education. We have had an ordinance which requires individuals under eighteen if they were caught smoking to attend a class. This has not been enforced. Store owners are fined $200 for the first offense; $500 for the second. I think that if we want to impose additional penalties they should be to force that individual who sold the cigarettes to go to a program. I have a concern with signs, and that is why I am not going to vote on any ordinance. Come up with an education program, and I will support you 100%. Leave the signs out.

Councilman Hoff: We have far more important things to do than to have policemen watching for people smoking cigarettes. I believe that the answer is not in arresting people and having them hung up on signs. I know what they are driving at. I believe that the answer to curtailing children's smoking, drinking or other bad habits rests with education and parenting not in policing. You have no business parenting my children, and I don't want the police to do it either.

Councilman Calogera: This is an ordinance that was passed that a subcommittee (Messrs. Greene, Maher and myself) was asked to look at this. These were the recommendations from the three of us. If there are second thoughts about this, I have no problem. We came up with changing it so that there it was not an unreasonable ordinance so that we could have a second offense instead of a first offense. People make mistakes and don't have 100% control over their employees. As a government we need to understand those things. We cannot be a dictatorship wherein no one gets a second chance. This amendment approaches this in a reasonable way. It makes the period of time eighteen months so that if you get two offenses within a longer period of time, that makes the ordinance harder. You will not only be fined; you will have to post a sign for ninety days. There was a recommendation by Old Bridge Watch to leave it at the first offense, and they were willing to post a sign for thirty days which I think was a little too easy on that. It is harder to that extent also.

Section 3 relates to "mandatory education". Mr. Maher and I agree that we have to cross-reference the education and make it mandatory. People selling and minors buying cigarettes will have to go to Middlesex County Health Department classes on smoking cessation. This is a responsible amendment which addresses the education issue. I don't want to see this watered down and have a third offense. I think that the second offense is reasonable and addresses our residents' concerns and being responsible as a business owner. Please leave the amendment as is and let us move forward with it.

Mayor Cannon: We have a responsibility to take decisive action in something that has proven to be a definite health hazard for everyone who utilizes cigarettes. We were in the forefront when it came to the vending machine so that it was not accessible to underage people. This is an extension of that. The position of the council sends a message to those who do the enforcement that you are serious and mean business and something needs to be done. I supported the original ordinance. I think Kevin's amendment is more doable in terms of enforcement, I think anything less than that sends out a negative to our enforcement community that this is something nice, but that we don't give it that much priority. I agree that education is in the forefront with what we need to do. We need to take the other end of this and make sure that our young people can't get access to cigarettes at least through stores in our community. The strongest you can make this, the better off we are.

Ordinance for First Reading.

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

Section 1. Purpose

This Ordinance is adopted in order to adopt a manual known as "The Manual on Uniform Traffic Control Devices for Streets and Highways". This manual, among other things, governs the procedures for the control of traffic at the site of street construction, maintenance operations, utility work, and other activities requiring temporary traffic control.

Section 2. Traffic Controls for Street and Highway Construction and Maintenance Operations for Municipal Roads

Traffic controls for street and highway Construction and maintenance operations

Adoption of the Manual on Uniform Traffic Control Devices for Streets and Highways

When the normal function of the roadway is suspended, temporary traffic control planning provides for continuity of the movement of motor vehicles, bicycle, and pedestrian traffic, transit operations, and access to property and utilities.

The primary function of temporary traffic control is to provide for the safe and efficient movement of vehicles, bicycles and pedestrians through or around temporary traffic control zones while reasonably protecting workers and equipment.

Of equal importance to the public traveling through the temporary traffic control zone is the safety of workers performing the many varied tasks within the work space. Temporary traffic control zones present constantly changing conditions that are unexpected b the road user. This creates an even higher degree of vulnerability for the workers on or near the roadway (see Section 6D.02). At the same time, the temporary traffic control zone provides for the efficient completion of whatever activity interrupted the normal use of the roadway.

Consideration for road user safety, worker safety, and the efficiency of road user flow is an integral element of every temporary traffic control zone, from planning through completion. A concurrent objective of the temporary traffic control is he efficient construction and maintenance of the highway.

The Township of Old Bridge, in the County of Middlesex, State of New Jersey does hereby adopt the current Manual on Uniform Control Devices for Streets and Highways hereafter known as the M.U.T.C.D., except as hereby supplemented and amended, as it control and regulates whenever construction, maintenance operations or utility work obstructs the normal flow of traffic. Any person, contractor or utility that fails to comply with the provisions o the M.U.T.C.D. while performing such work is in violation of this section.

Section 3. Manual on File

One (1) copy of the Manual on Uniform Traffic Control Devices shall be placed on file with the Clerk of the Township of Old Bridge and three (3) copies will be placed on filed with the Police Department.

Section 4. Pre-Construction Meeting

It shall be the responsibility of the person, contractor, or in the case of public utility as required under the public utility agreement wishing to conduct work on, under or above the street to contact the police department of the Township of Old Bridge in order to arrange a pre-construction meeting and submit plans for the safe movement of traffic during such period of construction or work. Any person, contractor or utility who fails to comply with this section prior to the start of such work, or whose plans are not approved by the police department of the Township of Old Bridge, is in violation of this section.

Section 5. Emergency Contact Telephone Numbers

The person, contractor or utility shall provide at a least two (2) emergency contact telephone numbers to be called in case of emergency problems at the construction or maintenance site prior to the start of any work. If for any reason emergency contact cannot be made, or if the emergency contact person does not respond to a call from the police department to correct such hazardous condition, the Township of Old Bridge may respond to correct the hazardous conditions(s) . The reasonable fees for such emergency services by the Township of Old Bridge shall be charged to the person, contractor, or utility responsible for the condition.

Section 6. Hours

There shall be no construction, maintenance, operations, or utility work on any roadway in the Township before the hour of 9:00 a.m. or after 3:30 p.m. This time period may be relaxed by the Township Engineer who shall coordinate such relaxation with the Police Department. The Chief of Police, or his designee, may adjust this time limit to permit work prior to 9:00 a.m. or after 3:30 p.m. If the office in charge determines that the construction or maintenance operations prior to 9:00 a.m. or after 3:30 p.m. would substantially delay traffic or cause a safety or health hazard, the work shall then be permitted only between 9:00 a.m. or after 3:30 p.m.

Section 7. Road Closing

Road closing and/or traffic detours shall not be permitted unless approved by the Township Police Department.

Section 8. Traffic Directors

Traffic directors shall be posted at all construction or maintenance sits when determined by the Township Police Department that same is necessary to provide fort the safe and expeditious movement of traffic.

Section 9. Stop Work

The Township Police Department shall have the authority to stop work, including the removal of equipment and vehicles, stored material within the street right-of-way, back filling of open excavations and/or related wok, in order to abate any nuisance and/or safety hazard or for any violation of this section.

Section 10. Site Preparation

It is to be expressly understood that no materials, vehicles or equipment are to be placed in the roadway or sidewalk or until any necessary traffic control devices including, but not limited to, construction signs, light devices or pavement markings are installed.

Section 11. Violations and Penalties

Any person, contractor or utility who commits a violation of this article shall, upon conviction thereof shall be a penalty as follows:

One (1) or more of the following: imprisonment in the County jail or in any place provided by the municipality for detention of prisoners, for any term not exceeding ninety (90) days; or by a find not exceeding one thousand ($1,000.00) dollars; or by a period of community service not exceeding ninety (90) days. The minimum fine to be imposed for a first offense shall be one hundred ($100.00) dollars. For any second offense the fine shall be not less than two hundred and fifty ($250.00) dollars.

A separate offense shall be deemed committed on each day during or on which violation occurs or continues. Failure to abate an violation within twenty-four (24) hours after notice of violation shall be considered a separate offense.

Section 12. 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 13. 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 14. Effective Date.

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

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

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

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, Testino, Councilwoman Panos, President Butler.

NAYS: None.

Ordinance for First Reading

BOND ORDINANCE AUTHORIZING RECREATIONAL IMPROVEMENTS AT MANNINO PARK IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $190,000 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $180,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

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

Section 1. The purposes described in Section 7 hereof are hereby authorized as general improvements to be made or acquired by the Township of Old Bridge, County of Middlesex, New Jersey ("Township").

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

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $190,000;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $180,000;

(c) a down payment in the amount of $10,000 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11; and

Section 3. The sum of $180,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $10,000, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $180,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $180,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $10,000.

Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:

Section 8. Grants or any other funds received from any governmental or private entity will be applied to the payment of, or repayment of obligations issued to finance, the costs of improvements described in Section 7 above.

Section 9. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $180,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 10. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Township shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 11. The applicable Capital Budget of the Township is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended applicable Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 12. The Township hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Township prior to the issuance of such bonds or bond anticipation notes.

Section 13. The Township hereby covenants as follows:

(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by the Bond Ordinance is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;

(b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder;

(c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes;

(d) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 14. The improvements authorized hereby are not current expenses and are improvements that the Township may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 15. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 16. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Hoff.

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

Councilman Maher: Where do we stand on the request for a proposal for the master plan for the entire park?

Mayor Cannon: John is putting together the RFP's.

Councilman Maher: You need help getting that out?

Mr. Vincenti: As reported last Monday, I will get the RFP out during the middle of this week.

Councilman Maher: Can council get copies?

Mr. Vincenti: Yes.

Councilman Maher: I want to move this forward. What are we giving them - 30 days to respond?

Mr. Vincenti: I want to get this on the agenda in approximately three weeks from the date of issuance of the RFP.

Councilman Maher: I know that these are difficult times, and we were faced with a tax increase last year which the council successfully reduced. We had a Board of Education budget increase last year of .27 cents, and our municipal tax increase of .10 cents and an increase of .03 cents at the county level. We have another .13 cents that the Board of Education is proposing this year. I want to be perfectly clear that we are not overtaxing, overspending or overextending ourselves. I want to hear from the Mayor before we vote on these whether we vote on all the bond ordinances which add up to about $3.1 million, is there anything that we can do without or perhaps we could delay these bond ordinances until next year? We had a significant harsh winter here. I was happy that we moved $2.5 million up for road and drainage improvements. There are significant problems with our roads. The majority of this $3.1 million, $2.5 million is dedicated to road, drainage improvements, curbing and sidewalks.

I guess the task at hand in light of where we have been and the increases in the budget last year and the proposed increase in the municipal district budget this year, is there anything that we can possibly delay or live without until next year. We have heard that a request for proposals for Mannino Park is going out shortly. Is there any money left in the bond from Mannino Park?

Mayor Cannon: We have not spent any money on Mannino Park at all. I know that there was money for the master plan which you have asked to move up. We were waiting to get the entry way acquisition completed which is still in there. We are going ahead with the RFP's and I believe that this is the only money that is being added for Mannino.

Councilman Maher: I have no problem supporting that, but you are looking at these other ordinances. I need assurances that you are going to spend the money. In previous years we have bonded for items, and you did not use the money.

Mayor Cannon: If we are going to talk about the security issue, that is a whole different story. As you point out the majority of the bonding is for roads, curbing and drainage. As much of that as can be utilized this year will. Last year we did not start until July, and I believe that Rocky has dollars that he can work off starting the beginning of this season. I hope to get many road and drainage projects completed. Spending for vehicles will be done. We went through this carefully administratively and with council to be sure that we were addressing items that we of the utmost priorities. The money will not be taken out unless we are going to spend it for a project. This is the authorization to bond; it is not the actual taking of the dollars until we are ready to spend them. We have tried to keep it around this amount because I believe that is the amount that we are still paying off annually. The idea was to maintain the status quo - that we would try not to spend more than we were paying off each year. With land acquisition, etc. that has gone beyond. It was never envisioned to include land acquisitions.

Councilman Maher: In light of the difficult times that we are facing, you support the $3.1 million of bonding? You are in complete agreement? We are about to authorize you to bond for $3.1 million for these projects.

Mayor Cannon: I have concerns regarding Mr. Baker's thing, but I think he broadened the scope of that, and the spending for that will go through the regular approval procedures, and it will be carefully monitored.

Councilman Greene: If you look at the backup given to us, the departments gave the mayor $10.2 million in capital requests. Through a process the mayor decreased that to $3 million which I believe is significant. She presented us a bare-bones capital request. If we are going for Mannino Park and we are going to go for the road improvements of $2.5 million, it appears that the only thing that we are questioning is $261,000 for equipment purchases, $143,000 for vehicle purchases and $70,000 for a reverse 911 system. I think that is not a lot. The reverse 911 system should be bonded. In effect we are debating $400,000 for vehicle and equipment acquisition. I thought there was a consensus that we would approve the purchase. Going from $10 million to $3 million shows fiscal responsibility on the part of the administration. The projects are very much needed.

Councilman Testino: I thank my colleagues for recognizing the need for additional monies in the road accounts for milling and top coating. That is what the people are looking for - bread and butter road repairs so that we can get commerce and the community back on track after our harsh winter. This is the lion's share, but after this we get into some debates. Most of us are on board

that we have really pared it down. If we had our luxuries, we might look at some other items. What is the timing on the Mannino Park spending? Is that something that we are banking away until next year to see if we go with it? Are we waiting for the study to be done?

Mayor Cannon: We first want to get the study completed, but the access into the main road . . ., and where we go from there will be determined by the Master Plan.

Councilman Testino: There should be $490,000 available for this project if and when it is ready to go. Do you think that we will be in a position to get that roadway on line?

Mayor Cannon: The whole idea of the Master Plan is to develop phases because such a large park is going to have to be developed over a number of years.

Councilman Testino: The Master Plan's answer to the immediate question is location and planning for the community center. I don't want to miss any of the timing. That is why I have put this up. I want to get the community center and Mannino Park moving along the same pathway. This will give the administration the tools you need to do that, correct?

Mayor Cannon: I agree and feel that the decision on the siting of the "Y" needs to take place as quickly as possible. The timetable that has been set by Councilman Maher, and we did get word from the "Y" that the recent phone survey they did came out quite positive. We don't have all the details because the final report has not been done, but I hope that this decision can be made very quickly and does not have to wait for the Master Plan particulars to come out.

Councilman Testino: We don't have the triangular piece, but should not put the "Y" at the detriment of the rest of the park. I would think that if you got an RFP, someone could give you a quick look, do the quick information, and let us know that they can fit everything we want in there and come back with a detailed plan later. We can make that decision post haste and well within Mr. Maher's timetable. We can get aggressive with our expert when they come on line. We can meet everyone's timetable.

I know that this is a little late for my shared services speech, but I was convinced that perhaps shares services was not looked at hard enough with the 911 system, but then when I listened to the proponents - the emergency management team and administration - this tool is what they want. In an emergency situation I would not want to hamper them. Perhaps it is not a shared service system that we should have for this particular item. Leading to that topic, I was hoping that we could examine every other service in town to see if we could look at other services to see if we could start shared services, and perhaps we could have a task force review that with regard to any services that the township is now engaging in for the next fiscal year to come with some programs and the issues lead here by the 911 system, I am taking the expert word on this that they need their own system, and at a price tag of $70,000, I am not willing to take the chance that in an emergency we did not give them the tools. I hope that this is not an indication that I am willing to yield on all other shared service agreements. I want to press as hard as we can to get the cost reduction that the taxpayers deserve.

Mayor Cannon: We do that now.

Councilman Testino: I am suggesting that we do an audit on our services to see if there are areas that can be reexamined. I would gladly support the rest of the items because they are well needed.

Councilman Redmond: We have gone over most of the ordinances, and I agree with Mr. Maher. We saw that the Board of Education is giving us $187 based on a $150,000 house. The $150,000 is a thing of the past. The roads took a hit from the snow. We have to get them done. The curb program is something that we have been very successful with. We understand the need for recreation facilities because of the new residents and the problems with Sayrewoods South need to be addressed. Reverse 911 seems to have a . . . . We are between a rock and a hard place. The bottom line is that I asked for an amortization schedule. Can anyone tell me how much $3.2 million is going to cost us in next year's budget? I realize that interest rates are low, but what would the debt service be?

Mr. Shah: This $3.2 million will not impact the FY 2004 budget, but will in 2005 just like when you did the bonds for 2002, they will start to impact the 2003-2004 budget. We always wait until the projects are in a certain form of completion before we borrow the money. As a result this takes almost a year. If you take $3.5 million on a ten year amortization, you are looking at about $400,000 when we do permanent financing and impact in the first year's budget. You have to keep in mind that one of the things that we have successfully done outside of the land acquisition is that we have been retiring our prior bond issues in almost the same amount (although this year is not exactly $3 million). We use to put additional money into paying off over $3.5 million. We may break even in terms of what we are doing. That is why we have been successful. If you view our total debt service to the budget ratio, we are in about the 12 - 15% range, and we remain there. We continue to monitor through amortization so that the impact of the debt service is not dramatically changed or increased. Excluding the land acquisitions and the recent outrageous cost of the land acquisitions has completely changed the pictures of our total debt service. We used to be about $40 million in total debt service. If you look at 1994 to 2000, we always retained $40 million total debt, and that is all we have been discussing. We have been successful. This year's capital project is the most debated capital project issue. We should move forward.

Councilman Redmond: I don't disagree, but felt that I had to ask questions. Is there going to be a drastic change based on this? Would there be any savings in cutting back? This seems to be remaining status quo.