Old Bridge Township, New Jersey - April 14, 2003 Minutes

A Combined Meeting of the Township Council of the Township of Old Bridge was held on April 14, 2003 in the Municipal Complex. The meeting was called to order at 7:35 pm by President Butler.

Moment of Silence.

President Butler requested a moment of silence in honor of Susan Azzarello.

Councilman Baker called for a round of applause for the men and woman who are serving in the Armed Services in Iraq.

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, April 21, 2003 at 7:30 p.m. at the Birchwood Senior Housing Complex on Mimi Road.

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

RESOLUTION NO. 193

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 April 14, 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 April 14, 2003 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $8,407,922.04 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

RESOLUTION NO. 194

BILL LIST

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

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

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

Denied

RESOLUTION NO. 195

BILL LIST

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

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

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

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

AYES: Councilmen Baker, Redmond, President Butler.

NAYS: Councilmen Calogera, Greene, Panos.

ABSENT: Councilmen Hoff, Maher, Testino.

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

Councilman Calogera: Does the overtime reflect the recent snowstorm?

Ms. Shepler: The attachments to the payroll list indicate that most of the overtime hours were incurred during investigations by the detective bureau. One office has in excess of thirty hours. The public safety portion of the overtime is $52,000.

Councilman Redmond: Do we become reimbursed for traffic control overtime at Raceway Park?

Ms. Shepler: In most instances it is paid directly, but Capt. Bonfante is in charge of that, and I would be happy to send you a memo.

President Butler: I have a memo dated March 21, 2003 with reference to FEMA reimbursement for snow removal. Have we called and gotten the necessary information?

Ms. Shepler: All of the departments have responded. There is a meeting scheduled, and we will have a representative in attendance.

Subsequent to the roll call vote the following discussion took place.

Councilman Baker: Does this mean that the overtime does not get paid? Our residents assume that we are voting on the overtime.

Ms. Shepler: That overtime has already been incurred and paid.

Councilman Calogera: I am aware that the overtime has been paid; however, I would like the public to be aware of where we are spending our overtime and in what areas. I also want to voice my opposition. I will continue voting "no" where I think overtime is unjustified.

Councilwoman Panos: I am well aware that the overtime is already paid and that the overtime in the police department is at an astronomical rate. When the time comes for emergency appropriations, we can look back and know that we did not want this.

Councilman Baker: Council does not control the overtime; administration does. The overtime is controlled by contract.

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 March 2003:

DOGS:

2101-2266 1,278.00
2126 replace of license 407 .50

Cats

380-381 (2002) 14.00
#1 (2003) 7.00

LICENSE:

Vending

Amusement - $25.00 each
#138-141 AA Amusements 100.00

Limousine

1203-12 Lambert 50.00
1203-54 Zalgalsky 50.00
1203-07 Khan 50.00
1203-06 Hun 50.00
1203-47 Foo 50.00
1203-08 Innovation Limo 50.00
1203-20 Zussman 50.00
1203-48A&B Mykhay Limo 100.00
1203-14 Haqqi 50.00
1203-53 Silver Peak Limo - Datt 50.00
1203-51 Oshansky 50.00
1203-30A-E DVG Limo - Bushetta 250.00
1203-22 Mirj Enterprises 50.00

Ice Cream

#344 Alena Perez 25.00

Towing

353 Circle Automotive 100.00
354 First Due Towing 200.00
355 Jean's Used Cars - Towing 100.00

Used Cars

Conway Equipment 350.00

Mass Assembly

Old Bridge Elks 100.00
1,875.00

LIQUOR LICENSE

1209-31-044-011-001 Old Bridge Lions - Renewal 150.00

Auction Packets 8.00
158.00
Maps
Street Map 5.00

BINGO/RAFFLE

RA46-03 Joseph Cantena School-Add'l amount 10.00
RA47-03 St Ambrose Church N/C
RA48-03 Joseph Cantena School 10.00
RA49-03 St Ambrose Church 80.00
RA50-03 Cheesequake Baseball Assoc. 20.00
RA51-03 Feast of St. Lawrence 10.00
130.00

PARKING PERMITS

1800-1841 900.00
Replacements - 1807, 1826, 1832, 1833, 1835, 1837

SEARCH

6-2003 10.00

MISCELLANEOUS:

Late Fee - DOGS 560.00
Photocopies - Copies 57.62
617.62

Total: $4,995.12

Motion

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

Report of the Attorney.

Attorney Ruggierio: There was a lawsuit served on me last Friday by Capt. Cerra challenging the promotion to the Chief of Police. I am "digesting" that and will distribute copies to council. I have hired an assistant attorney, Carol Berlin, who is an experienced municipal attorney. She will start May 1.

Motion

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

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

Councilman Calogera: The successor to the Chief (of Police) has not been selected, correct? That position is solely under the state law and under the Faulkner Act at the discretion of the mayor?

Attorney Ruggierio: I would not put it that way. I would be safe in saying that under our ordinances, it is a mayor's promotion as your predecessors have characterized it. I would also say that of course it could not be something that could vest in the council if that is the thrust of the questions. This is an executive promotion. It might be if the ordinance had been different that you could have had the director of public safety make the promotion as opposed to the mayor, but this council's predecessor in 1998 elected that the mayor make the promotion to chief of police.

Councilman Calogera: We don't have an appointment, yet we already have a lawsuit.

Attorney Ruggierio: I don't like anyone suing Old Bridge. It is good that this lawsuit has been filed early as opposed to late. Mayor Cannon's appointment to Chief of Police is going to be made, and I think that the earlier the challenges are made the quicker we can get past the inevitable court challenges. This is a good thing.

Councilman Baker: We have asked repeatedly for written report on Cedar Ridge prior to tonight's meeting. Can we do that for the next meeting?

Attorney Ruggierio: I did a report.

Councilman Baker: We promised the Cedar Ridge residents that we would have an answer for them. They were here three weeks ago looking for something back for the recreation complex that is not being built. We want to tell them when we are taking over the roads.

Attorney Ruggierio: I am not prepared to address the roads, but I need to file suit with respect to the bond. We have already put the bonding company on notice, and I think that I should be able to do that within the next two or three weeks.

Mayor Cannon: All of the punch items have been completed. The roads were approved as private roads and meet the township specs. Once verified and the bonds have been released, the township council can enact an ordinance taking over the roads as public. John (Vincenti) was going to tell Mr. Heilbrunn to start the release process.

Councilman Baker: Is there anything else the homeowners association needs to do to move this process forward?

Mayor Cannon: It is up to the developer to start the bond process.

Preliminary public comments.

Denis Kilduff: At the last meeting of the recreation advisory committee we voted to have the YMCA located at Mannino Park. In order for this to move forward, we have to obtain that piece of property from Perth Amboy.

Sean Curry: I understand that Marlboro Road will be paved, but there are no plans to deal with the water which is a major issue. We have four lakes on this road. (Mr. Curry circulates pictures). This area goes from the old Spring Valley Road near the golf course and from Colovito's house near the Pleasant Valley Road bend.

Mayor Cannon: The money has been allocated and the design is completed for the corrections on that road and to take care of the drainage problem. We are waiting because the OBMUA is moving their water tank. The road work will be done before the end of the season. They are putting a complete drainage system. Please leave your name; the township engineer will show you the plans and explain what work is intended to be done.

Mr. Rao: Addressed the council with respect to the school budget and how it impacts the property taxes.

Council Comments.

President Butler: The staff at the food bank have requested items which are in short supply: Spam, beef stew, coffee, toilet tissue, shampoo, and soap.

Councilman Calogera: The food bank would appreciate receiving canned fruit, vegetables, jarred tomato sauce, soup, instant mashed potatoes, gravies and frozen turkeys.

Councilman Baker: Urged everyone to vote in the Board of Education election.

PROCLAMATION - Tony Petrocelli - Umpire Old Bridge Little League.

Whereas, Anthony (Tony) Petrocelli was the oldest of five brothers born in Pittsburgh, Pennsylvania on February 22, 1920; and

Whereas, At the age of ten his family moved to New York City where he traded in his bucolic life for a broomstick handle, Spaulding ball and a shoe shine box; and

Whereas, He graduated from New York Vocational High School and worked for the WPA and later the Pennsylvania Railroad; and

Whereas, in 1942 Tony married his childhood sweetheart, Josephine Siani and received greetings from the United States Army where he joined the 359th Field Artillery Battalion of the 95th Division and served as an artillery mechanic for observation planes in Germany, France and Belgium. Tony received three battle stars before returning to Brooklyn in 1948 to begin his life as a husband and father; and

Whereas, Tony moved to Old Bridge in September 1955 with his wife and three children. He became active in community organizations including St. Thomas Church, the Knights of Columbus and the VFW. Wanting to have his boys play baseball, Tony became the founding member of the Old Bridge Little League; and

Whereas, throughout his fifty years of involvement in Old Bridge Little League, Tony influenced generations of little league ballplayers and their families. He coached for thirty years, held the position of President three times, Vice President six times and is still an active trustee today; and

Whereas, Tony's knowledge and love of the game eventually led him to the calling of umpire. In 1970, he became a NJ State Federated Umpire and can still be found on the ball fields "making the calls"; and

Whereas, Tony is the proud owner of a most valuable player trophy presented to him for softball. At the age of 54, he won 16 games and had a batting average of .523; and

Whereas, in Old Bridge Little League, Tony Petrocelli is the tradition of baseball, "our great American pastime".

Now, Therefore, I, Barbara L. Cannon, Mayor of Old Bridge, Middlesex County, New Jersey, together with the Township Council do hereby honor Tony Petrocelli for his influence and dedication to generations of baseball players.

PROCLAMATION - April as Autism Awareness Month.

Whereas, autism is a developmental disability that typically appears during the first 3 years of life. The result of a neurological disorder that affects functioning of the brain, autism and its associated behaviors have been estimated to occur in as many as 1 in 500 individuals; and

Whereas, over ½ million people in the US today have some form of autism. Its prevalence rate now places it as the third most common developmental disability yet the majority of the public, include many professionals in the medical, educational and vocational fields are still unaware of how autism affects people and ho to work effectively with individuals with autism; and

Whereas, there are no medical tests for diagnosing autism. An accurate diagnosis must be based on observations of the child's communication, behavior and developmental levels; and

Whereas, children with autism often appear relatively normal in their development until the age of 24-30 months when parents may notice delays in language, play or social interaction; and

Whereas, there are great differences among people with autism. Contrary to popular understanding, many children and adults with autism make eye contact, show affection, laugh and show a variety of other emotions but in varying degrees. Like other children, they respond to their environment in positive and negative ways. They live normal life spans and the behaviors associated with it may change or disappear over time; and

Whereas, since autism was first described in 1943, we are finding better ways to understand the disorder and help people cope with the various symptoms of the disability; and

Whereas, today, as a result of appropriate and individualized services and programs, individuals with Autism can be taught skills to allow them to develop to their fullest potential.

Now, Therefore, I, Barbara L. Cannon, Mayor of Old Bridge, Middlesex County, New Jersey, together with the Township Council do hereby proclaim the month of April Autism Awareness Month.

Guest - Phillip Goldsmith, Treasurer and Second Lieutenant of Old Bridge First Aid and Rescue Squad.

Mr. Goldsmith: We have never appeared before the council, but we feel that the mayor, administration, township council and residents of Old Bridge need to know more about the services we provide and to improve communication. The main service we provide is emergency medical service answering 911 calls for chest pains, motor vehicle accidents, etc. On request we provide non-emergency transportation to a doctor's appointment or a trip home from a hospital or nursing home. We require advance notice for these services. We have begun CPR classes to the community as well as renting our banquet hall. These are fund raisers to provide operating money for the squad.

As of December 31, 2002, the squad had forty-five members answering first aid calls on a regular basis. That does not include forty members who have achieved life membership which means they have put in their time of service to the squad, and they are now squad members in perpetuity with no required duties. Thirty of the active forty-five members possess EMT certification. This is what the squad and the state expects as a standard of care. All ambulances provided by the Old Bridge First Aid and Rescue Squad respond with two EMT's .

Last year the squad answered 759 calls for service and encountered 884 patients in that process. On thirty-eight occasions two ambulances were used simultaneously and on eight occasions three ambulances were used simultaneously. Of those 759 requests for service, 113 of those calls were to assist other squads. That represents 15% of our call volume for 2002. Ninety of those 759 calls were nursing home calls to the four skilled nursing facilities in town - Madison Center, Summerhill Nursing Home, Old Bridge Manor and the Reformed Church Home. Those four established residences represent 12% of our call volume last year. Forty-nine of the calls were in support of the fire companies, and seventeen calls were to the two senior housing developments at 100 Ticetown and 100 Mimi. The total call numbers were an increase of about 50 calls from 2001.

We, along with other township squads, responded to the NJT bus incident on Rt. 9 in April when two NJT buses were involved in a rear end accident. We participated in a township-wide disaster drill in Laurence Harbor, provided major EMS support of major Raceway Park events as well as assisted in the implementation of the reverse traffic flow plan that is operated by the police department used to empty out Raceway Park after a large event. We purchased new stair chairs for the squad for approximately $4,000. A stair chair is a carrying device very similar to a light weight wheel chair. We use it to carry incapacitated patients down one or more flights of stairs. This has been an uncomfortable evolution both for the patient due to comfort reasons as well as for our staff because this requires two members of our crew to physically carry the patient down the stairs. By spending money on new technology we obtained a stair chair that does not require any lifting thereby resulting in less injury.

We purchased a new stove, hood and ventilation for our kitchen in the interest in modernizing and fire safety.

We hope to buy new defibrillators this year. Since our original purchase in 1998, there have been two or three generations. Two of those we own are no longer manufactured and cannot be serviced any longer. The cost of the defibrillators is $2500 per unit. We intend to finish the kitchen renovation begun last year.

In the far future we hope to replace an ambulance which dates back to 1980 which is still in service; renovate our apparatus and office space. The state legislator recently passed and the governor signed into law regulations which will allow us to carry epinephrine on the ambulance for those patients have acute allergic reactions, and there may be an initiative in the future for life support squads like us to carry advanced airway tools of a more invasive nature to secure an airway.

We recognize the population growth in the far southern end of the township in Wards V and VI, specifically Presidential Estates, Matchaponix Hills and the Woodhaven development. We have a lengthy response time to that end of town even with our excellent staffing and our great group of members. We feel that in the future another first aid squad building will be needed there.

For the first time in its history the Old Bridge First Aid and Rescue Squad obtained an audited financial statement. We chose to do this for a number of reasons. This will allow us to aggressively pursue grant money. The last act of Governor DiFrancesco was to sign a bill into law that increased the contribution that a township may make to a first aid squad without audit to $70,000 from $35,000. There is no statutory limits that a township may make to a first aid squad that provides an audited financial statement.

We do not use tax money; our funds come from a direct fund raiser which you will all be seeing in the mail shortly in Wards V and VI; we will be involved in coin toss donations; we are planning a Chinese auction. We receive $35,000 from the township which is a significant part of our operating budget; we receive unsolicited donations which has decreased in the past few years. We rent our hall for revenue and have a fair bit of interest income which has decreased. We received reimbursement of $3500 from FEMA through the township office of emergency management as a result of response to the World Trade Center tragedy.

The majority of our money ($46,000) is spent on program expenses - that which we need to do to perform our core mission of EMS. $7500 is spent on supplies $11,500 of that money was spent on insurance for the building, vehicles and our members for professional and general liability. We spent $7,000 last year in fueling and maintaining the vehicles; $2500 for uniforms which combined with other expenses results in $46,000.00. Our general or administrative expenses we spent $5500 including the welfare of the squad; moral building activities for members and their families because our members take quite a bit of time out of their nights and weekends, and we recognize their families. We spent $7700 in upkeep of our building; $8800 in utilities; $4600 in office supplies and professional fees along with smaller expenses for a total administrative expenses of $28,700.00.

It is very expensive to run a first aid squad. Our bare bones budget is $80,000 per year. A new ambulance costs $110,000. Our building is almost forty years old. The new ambulances barely fit, and the building needs a lot of work. We have increased expenses for training and equipment to meet the demands of the threats of today's world. We are expected to have knowledge of pre-hospital medicine, hazardous materials, weapons of mass destruction, blood born and airborne pathogens as well as continuing updates in medical technology for the new tools the state is offering us.

The Department of Health and Governor McGreevey are making an effort to remove $5 million from dedicated monies in the EMT training fund. The Squad and First Aid Council feel very strongly against this because there is state statute which legally prohibits them from doing this; however, the Department of Health insists in going forward. Without that money training would be a great burden on the squad. To answer these revenue needs, the squad is actively pursuing grants and other fund raising opportunities.

Our direct mailer will be arriving soon. We urge you to learn CPR and the Heimlich maneuver which we offer at a nominal fee. We accept donations of goods and services as well as donations of cash which are tax deductible. We provide non-emergency transports on request and CPR classes and we rent our hall. Our call volume continues to increase, and we continue to support the operations of the other squad as well as the fire companies, the police department and the office of emergency management. You have heard the financial pressures that the squad is under, and we ask you to support your squad and volunteers and we look forward to continued cooperation, communication and service to the mayor, the township council and the residents of Old Bridge.

Councilman Greene: I congratulate you on the presentation of your report. You and your members do a wonderful job and I thank you on behalf of the entire Township of Old Bridge.

Councilwoman Panos: We have seen how you interact with other towns. I have been personally grateful for a personal situation wherein you gave comfort to members of my family. You and your members perform a great service.

President Butler: Who does the grant writing for your organization?

Mr. Goldsmith: I do the grant writing, and we have not raised any money. We could not apply for grants until we received the audited financial statement. We are in the process of grant writing.

President Butler: We appreciate the work that your members do.

Mr. Goldsmith: Our members range from sixteen years to seventy-six years. I remind the township council and the administration that we save the township $250,000 in tax money annually.

Guest - Mary Anne Gurliaccio - Housing and Redevelopment Agency Chairwoman.

President Butler: We have to research our powers as to what we can do for the residents of Old Bridge. The right person has to be able to do that. They have to do the research to see what they can do; determine their power levels. Nothing can be done without the support of great members. By having a chairwoman, Mary Anne Gurliaccio, who is chairwoman of the Housing Authority, we have moved so far ahead with reference to her and she did her homework before she took over and supported the board. We are in the process of building a one hundred unit senior complex next to the Raritan Bay Hospital.

Ms. Gurliaccio: Because of my position on this authority, I am faced with finding new and innovative ways to supply alternative and affordable housing to the many residents in need in our community. With the cry of over development resounding in our ears, the legal requirements mandated to our municipalities by the council on affordable housing and the knowledge of our obligations to residents who cannot afford the cost of housing, we, as housing authority commissioners, are faced with a monumental task which needs to be met. I am here to promote and encourage the creation of legal accessory dwelling units (ADU's) which is in a conceptual state, and I will be forming a committee consisting of an attorney, zoning, planning, housing and township officials to explore the advantages and disadvantages to our community.

ADU is a general term for an accessory apartment which means a residential living unit that provides complete, independent living facilities on the same parcel as a single family home or an addition to the pre-existing one-family home. It must be created to enhance residential neighborhoods in order that disabled, senior family members and single parents can meet their housing needs and realize the benefits of ADU's which are numerous. It provides a means for adult children to give care and support to a parent in a semi-independent arrangement. It benefits older homeowners, single parents and disabled by keeping families in tact. It integrates affordable housing more uniformly in the community and increases the supply of affordable housing without government subsidies. I will be asking this committee to pursue legislation to give tax abatements to residents who expand or renovate their homes to make room for an aging parent, grandparent, disabled family member or a single parent. While some may argue that the exemption may drain tax dollars from local government, I argue that it encourages family to care for their elderly and disabled at home rather than relying on nursing homes and assisted living facilities where care is often subsidized by tax dollars. These funds will be more than covered in reduced health care costs. Owners of preexisting additions would not qualify due to strict limitations imposed by an ordinance. When a living arrangement changes, and the unit is no longer qualified, a one-year moratorium would be placed on the ADU would be assessed and placed back on the tax roll.

I will be asking our committee to review conditional use permits to be certain that ADU's would conform to standards recommended and stated in an ordinance. We will review lot, building, occupancy standards, parking and traffic, public health, density limits and the legalizing of ADU's or if an owner is in violation of an illegal ADU, he would be subject to a penalty and guilty of a misdemeanor.

To avoid the creation of a two-family home, we would require certification by the municipal health authority that the water supply and sewerage disposal facilities are adequate for the projected number of residents and only one electrical and one water meter shall be applied to service the principle dwelling units and the ADU. The concept of ADU's is to provide housing for the special needs that sometimes arise in families. I am hoping that the realization of this program will benefit many who are searching for answers and provide relief in housing to families struggling with extraordinary conditions.

I thank the mayor and Township Council for their graciousness, and I extend a special thanks to President Butler for seeing the importance of this presentation, my board of commissioners for their support of this project, and to Councilman Calogera for his confidence and enthusiasm.

Councilwoman Panos: When my mother moved in with me, if that was something that was doable back then, that would have given her a feeling of independence. My children benefited but . . . I wish you luck on that. I know that if she had her own little section, that would have made her feel better.

Ms. Gurliaccio: This is an answer to over development and an answer to keep families in tact. We are going to find out where this takes us.

Councilman Calogera: This an excellent idea and a way to keep parents here which is something I have always been yelling about. We are pricing them out in the age-restricted housing that we have.

President Butler: Sometime in the beginning of January I made a request to the residents that I was involved in a book exchange program. We had about five towns involved. These books are going to Ghana, South Africa. I sent the word out. Our biggest problem is that we did not have a place to store the books. Ms. Cyr gave us room at the library. We have fifteen boxes of books.

Margie Cyr - Poet Laureate Committee's recommendations to Township Council.

Ms. Cyr: The members of the poet laureate committee have met to discuss how to create the poet laureate position for the township. We were charged by the Township Council with creating a process by which the Township of Old Bridge can appoint the poet laureate and a process for the selection of the poet. The committee would like to make these recommendations to the council.

We have drafted a mission statement for the poet laureate position which reads: "The Township of Old Bridge believes that the position of poet laureate is a way to introduce the enjoyment and comfort of good poetry as a right of every Old Bridge residents. The poet advocates the values and varieties that make up the great wealth of creative expression, and the poet inspires the importance of a personal voice through the written word. A permanent poet laureate committee should be established by the Township Council, and the permanent committee should be composed of an appointee of the council, an appointee of the mayor, a member of the library board of trustees, and an appointee of the Old Bridge school district and the previous poet laureate as advisor to the committee. The permanent poet laureate committee will be responsible for advertising and selecting a poet laureate, supervision the office of poet laureate and the poet to insure that the poet is meeting the expectations of the positions. The permanent poet laureate committee should be appointed to begin its work on July 1, 2003 and will work jointly with the initial committee during the poet's first term of office to insure continuity. The initial committee which is composed of Margie Cyr of the library, Judy Katz of the school district, Sharon Colucci, Cultural Arts Committee, and Lisa Cooney of the Parks and Recreation Department should remain in tact to advertise and appoint a first poet laureate committee. The initial committee will disband at the end of the first poet laureate's term of office.

The poet laureate should serve a two-year term of office, and cannot serve consecutive terms. The position will be voluntary and unpaid. The poet laureate must be a poet who is generally recognized for excellence of his work, has works of poetry currently in print and agrees to serve for a period of two years beginning July 21, 2003. The poet must fulfill these expectations during his term of office, provide a minimum of six public readings, make three visits per year to Old Bridge schools, seek to create poetry based on significant community and national events, participate in and encourage poetry events in the community, develop a specific project of his choosing to last for the term of his office, strive to make poetry a way in which people of Old Bridge can promote a climate to free expression as a basic value to strong democracies, use poetry in a positive way using tact and sensitivity to all members of the community, demonstrate enthusiasm for the poetic arts, and he is encouraged to coordinate his activities with those of the national poet laureate.

Advertising for candidates for the poet laureate must be broad and widespread. Candidates for the poet laureate position should complete and submit an application for consideration prior to the due date which will be established by the poet laureate committee. Applications should include three writing samples, an essay reflecting the value of a poet laureate to a community, a current resume, and three references which attest to the quality of his poetic work and his capacity to serve.

Finally, before this process is begun, we urge you to investigate whether or not there is sufficient community support for the position of poet laureate in Old Bridge. Should you decide that there is and that the position should be created, we, the committee, believe that the process we have outlined will be successful, fair and beneficial for the residents of Old Bridge."

Councilman Baker: What is your opinion?

Ms. Cyr: We think that there is great value to the position of poet laureate to the community, and we know that there are residents of the community who are very involved and have a great love of poetry. We would like to see the interest in poetry expand. Part of the challenges will be to raise the level of enthusiasm in the community.

Ms. Colucci: Before appointing anyone, there should be more awareness and interest in poetry. I think we are doing this the wrong way. The need should be created, and this system will encourage that.

Ms. Cooney: Before we put this tremendous amount of work and energy and time into this, I want to be sure that there is a need for this.

Councilman Greene: You should be congratulated for your time and effort. There has been confusion as to how this was going to come about. There were poor recommendations, but now you have a well thought out plan.

President Butler: Thank you for your time and recommendations.

Ms. Cyr: You will let us know about your decision making process.

Guest - Brent Zettel and David Groul - Common Cause.

Mr. Zettel: I am the grass roots coordinator for Common Cause and the Citizen's Army which is a coalition organized by Common Cause NJ and the League of Women Voters s well as New Jersey Public Interest Research Group. I wanted to congratulate you on taking the initiative to introduce the ordinance and bring it to a hearing tonight.

The ordinance is one designed to protect the integrity of the public contracting process at the local level for local government as well as renew and reinforce trust in government and public officials by banning contributions from professional firms in negotiations for a local contract as well as making a professional firm ineligible for a public contract if they have made large political contributions. This is legislation which has been endorsed by a growing number of organizations across New Jersey and has been getting more attention over recently months. This is endorsed by the AARP of NJ as well as the Chamber of Commerce and the NJ Sierra Club and the United Taxpayers Association of NJ and labor organizations including the CWA, NJ Environmental Federation and many others.

This ordinance has been adopted in every town in which we have spoken with the exception of one in which the mayor vetoed it. The residents have decided to do a referendum. It was developed through a process which included constitutional and legal experts from NJ, including Professor Frank Askin as well as the Brennan Center for Justice which is the authority for campaign finance and related issues.

Mr. Gruol, Vice Chairman of Common Cause: The system as it exists can cost the taxpayers money. For example, the Parsons Auto Emissions problem which cost the taxpayers quite a bit of money. This legislation increases competition because more voices are heard in the bidding process. It takes away the incentive to award more contracts because they are not the result of campaign contributions and also lowers the cost of contracts because the bidders are not building in campaign contributions into their bids. It is a taxpayer friendly legislation and is worth of consideration.

Councilman Redmond: How does the bill that is in front of the House compare to this ordinance?

Mr. Zettel: They are very similar. There is one small difference in one of the numbers that is used for a contributions limit for the state level bill.

Councilman Redmond: The state level includes municipalities?

Mr. Zettel: This has passed the Senate and will hopefully come up for a vote in the House.

Councilman Greene: I think that we should do whatever we can to have an equal playing field. I support establishing a public fund so that viable candidates would access the same amount of money to run for elected office. It is revolting that when you realize that in order to win a council seat in the Township of Old Bridge tens of thousands of dollars have been spent. I applaud what you are trying to do. Are there any loopholes or any ways in which this legislation can be circumvented?

Mr. Zettel: Someone from the Brennen Center gave an opinion that this is the strongest that he has seen designed for municipalities in the nation and would have advised us on any changes if he felt that there were loopholes. We have done as much as is legally and constitutionally possible for the townships.

Councilman Maher: I like the idea of being a trendsetter in that we may act on something here. Please give more detail on what is the difference between this ordinance and the ordinance that passed the Senate (37-0) and is before the House now. Please give us details as to how many towns have acted on this ordinance. Is it premature? The state is about to enact a binding ordinance.

Mr. Zettel: Currently, you are taking the leadership role. I believe that five ordinances have been adopted with five others considering it.

Councilman Maher: Approximately five out of 567 towns have acted on this. What is the difference between this and the bill in Trenton?

Mr. Zettel: I have not had a chance to read the entire law. My understanding is that the bills are very close. We worked with the sponsors and wanted all the same issues covered.

Mr. Gruol: The major differences is that this covers all levels of government. Your ordinance covered Old Bridge. This is an opportunity for the Township of Old Bridge to send a message to Trenton. If you want this legislation to pass, this is a very good way to send a message.

Mr. Zettel: This is a good message to the residents of the Township of Old Bridge.

Councilman Maher: I want to know the similarities and differences between this ordinance and the bill in Trenton.

Mr. Gruol: Any differences would be minor. If you want specific dollars and cents, we would be happy to do that. Your ordinance speaks of $400 and $500 amounts. The state bill may be slightly different. The gist of the bills are substantially the same.

Attorney Ruggierio: If we enact this on a local level when and if the state finally adopts their bill, I assume that there would be preemption and our ordinance would no longer be in effect.

Councilman Maher: Have you compared the ordinance that you drafted? Are you prepared to tell me the similarities and differences?

Attorney Ruggierio: I can endorse what has been said that the state statutory proposal does not substantially vary from what you have - there may be a difference in the dollar amount. I have read the state bill, but that may have been an earlier incarnation of the bill. I think it was recycled at some point; I may have read the earlier version. If council felt that the contributions that you are dealing with in this ordinance should be modified, you could do that.

Councilman Maher: What towns have enacted the ordinance?

Mr. Zettel: Washington Township, Hopewell Township, West Windsor, Township of Montgomery and under consideration in others who have heard.

Councilman Maher: You could do a comparison and do further research to let us know what the difference is between this and the bill in Trenton. I want to know the simple score sheet.

Councilman Calogera: I thought that the state bill did not come down to the county and municipality level. I thought that it dealt with it on a state level.

Attorney Ruggierio: I think that is the earlier incarnation that I read. The governor objected to the bill not being more broad in its coverage. It was reworked, and the current bill is more expansive. It covers all agencies of local government.

Councilman Calogera: I would like more answers on this. I like the ordinance; I have supported common cause for a number of years. It has to address why campaigns get more expensive to run. The campaigns get more expensive because money is being dumped into them. This addresses the issue that you have to stop the flood of money coming in. We cannot spend $50,000 on campaigns in local wards. We are locking out residents from running for these seats.

Mayor Cannon: This is an excellent ordinance and does not matter how many towns have adopted this or not, if it is good in and of itself, we should go ahead with it. It sends a clear signal to our residents that we are doing everything we can to put credibility into the political system. The amount of money that has been thrown into local campaigns in absurd. There is a drive to hire as many consultants as you can to get them the contracts so that they in turn will give you the contributions that you need. It ends up costing the municipalities much more because they set aside a certain amount of their budgets . . . I spoke to a couple of consultants who said they would love to see something like this in place because a good portion of their income has to be set aside for various levels of government. I think Old Bridge would certainly be doing a good service for the community and setting an example by going ahead and passing this because this has been before the legislature for years.

Councilman Testino: I would like a copy of the state bill. I have many questions, but don't see how this ordinance prevents the state parties from spending $20,000 in during the last two weeks of a campaign and from us knowing where that came from. You have not addressed that. Someone mentioned a level playing field. This ordinance ingrains the political parties more so than ever. It prevents an independent from breaking away from the party. Now the party has to raise the money. I don't see where the individual non-affiliate can go out and raise money and come into office and adhere to this without having violated this in some way. You have a problem with independents.

From a legal standpoint, I see this as a problem. I also see this as constitutionally able to be challenged. I don't see how you can limit all these people in the ordinance, and if you are reaching out to the political parties as well, you really fail constitutionally. That is just a note from someone who thinks of himself as a constitutional scholar. If I saw someone put a legal written opinion in front of me with case law to support this, I might be able to say to that this is where I differ. Counsel is going to have to do that if you want me to support this. I see flaws; I love my country and politics. This makes the playing field uneven.

Mr. Gruol: You are saying that the only way to raise money is to make promises to people for contracts? You can give them contracts; the amount they can give is limited.

Councilman Testino: Where are these people going to raise their money?

Mr. Gruol: I have contributed, and never had a contract.

Councilman Testino: You may be right, but the way you have crafted the ordinance, the playing field is not level. I believe the concept is great, but I think you are attacking a problem without the right weapons. You are putting disenfranchised people out on the fringe, and you are never going to have the ability to make the attack into the mainstream.

Mr. Gruol: Incumbency is a huge advantage. Incumbents are going to attract people who know that having that advantage their chances of winning is substantial. They are going to attract the money from the people who want to do business with the local government - not the independent candidate who has never had the advantage of incumbency. From my prospective, this does the opposite of what you argue. It reduces the power of incumbency and levels the playing field for the outsider who is then able to raise money without . . .

Councilman Testino: You left loopholes for the parties to become the pit boss of old. Maybe we disagree on that, and we can continue to do so. How does this differ from the ordinance that the county has adopted where none of the sitting freeholders can solicit any contributions (anyone who does business with the county)?

Mr. Zettel: It is not necessary to look at this as a campaign finance piece of legislation. You are regulating the contracting process of your municipality.

Councilman Testino: This is campaign finance reform, and we have not been talking about that?

Mr. Zettel: It is the state statutes that say that you may regulate the contracts which you give out in this municipality. You are setting up a specific condition for the professionals.

Attorney Ruggierio: That is where the confusion is. Absolutely, the motivation is to bring some greater purity to politics. The questions is how do you go about that in a lawful way. Can you regulate campaign contributions? I don't think so - or at least to a limited extent or not at all at the local level. If the question is can you regulate who is eligible to get local contracts, then you have a hook as to how to achieve this objective through your contract awarding process. You did indicate that the late Michael Pane wrote an opinion about this ordinance. Please supply a copy of that to Mr. Testino.

Councilman Baker: I will wait for the state, but I appreciate both of you being here.

Councilwoman Panos: I hear that we cannot take the initiative. We don't have to wait for anyone. We are an honest body who does not need political contributions that would open the doors for pay to play. We could sit here and try everything to eradicate this ordinance. However, in the best interest of the people of this town and in the best interest of good politics, I say that this is where we start. If you are going to nit pick this away, shame on you. You said that there was one township putting this on a referendum.

Mr. Zettel: That is Hamilton Township in Mercer County. The mayor vetoed the ordinance, and in response the residents of the town are putting this to a vote by a petition.

Councilwoman Panos: This township wanted to remove our legal department and hire private attorneys which fell right into this. This was placed on a referendum and won more than two to one. I think it is about time that we take a leadership role in dignity and integrity in this town and let it be shown that we lead the way in Old Bridge; otherwise, the voters can lead the way.

Ordinance for Second Reading

TABLED

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 19-03

Ordinance of the Township of Old Bridge Prohibiting Contracts to be Awarded to Certain Political Campaign Contributors

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

SECTION 1: PREAMBLE AND STATEMENT OF PURPOSE

Whereas, professional business entities are exempt from public bidding requirements, and

Whereas, it has become common for professional business entities to make substantial political contributions to the election campaigns of the local government elected officers who are ultimately responsible for awarding professional service contracts, and

Whereas, substantial local political contributions from professionals receiving discretionary contracts from the elected officials who receive such contributions raise reasonable concerns of the part of taxpayers as to their trust in the process of local government, if not the quality or cost of services received, and

Whereas, pursuant to NJSA 40A:11-5 and NJSA 40:48-2, municipalities have the right to establish rules and procedures for contracting with professional business entities,

Now, therefore, it is the adopted policy of the Township of Old Bridge to set maximum amounts professional business entities may contribute politically beyond which they become ineligible to receive a public professional service contract from the Township of Old Bridge.

SECTION 2: PROHIBITION ON AWARDING PUBLIC CONTRACTS TO CERTAIN CONTRIBUTORS

A. Any other provision of law to the contrary notwithstanding, the municipality or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract to procure services for any professional business entity, if that entity has solicited or made any contribution of money, or pledge of a contribution including in-kind contributions, to a campaign committee of any candidate or holder of the public office having ultimate responsibility for the award of the contract, or to any municipal or county party committee, in excess of the thresholds specified in subsection (d) of this Ordinance within one (1) calendar year immediately preceding the date of the contract or agreement.

B. No professional business entity which enters into negotiations for, or agrees to, any contract or agreement with the municipality or any department or agency thereof or of its independent authorities for the rendition of professional services shall knowingly solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions, to any candidate or holder of the public office having ultimate responsibility for the award of the contract, or to any municipal or county party committee, between the time of first communications between that business entity and the Township regarding a specific professional services agreement and the later of the termination of negotiations or the completion of the contract or agreement.

C. For purposes of this Ordinance, a "professional business entity" seeking a public contract means an individual including the individual's spouse, if any, and any child living at home; person; firm; corporation; professional corporation; partnership; organization; or association. The definition of a business entity includes all principals who own 10% or more of the equity in the corporation or business trust, partners, and officers in the aggregate employed by the entity as well as any subsidiaries directly controlled by the business entity.

D. Any individual meeting the definition of "professional business entity" under this section may annually contribute a maximum of $400 (four-hundred dollars) each for any purpose to any candidate, for mayor or council, or $500 (five-hundred dollars) to any municipal or county party committee, without violating subsection 2A of this section. However, any group of individuals meeting the definition of "professional business entity" under this section, including such principals, partners, and officers of the entity in the aggregate may not annually contribute for any purpose in excess of $2,500 (Two thousand, five-hundred dollars) to all municipal candidates and officeholders with ultimate responsibility for the award of the contract, and all municipal or county political parties combined, without violating subsection 2A of this section.

E. For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:

1. The Old Bridge Township Council, as to all contracts requiring appropriation from the Council.

2. The Mayor of the Township of Old Bridge as to any contract negotiated by the Mayor or awarded by the Mayor any of the Administrative Departments.

SECTION 3: CONTRIBUTIONS MADE PRIOR TO THE EFFECTIVE DATE

No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity to any municipal candidate for Mayor or Council, or municipal or county party committee shall be deemed a violation of this section, nor shall an agreement for property, goods, or services, of any kind whatsoever, be disqualified thereby, if that contribution was made by the professional business entity prior to the effective date of this section.

SECTION 4: CONTRIBUTION STATEMENT BY PROFESSIONAL BUSINESS ENTITY

A. Prior to awarding any contract or agreement to procure services with any professional business entity, the township or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the bidder or offerer has not made a contribution in violation of Section 2 of this Act;

B. The professional business entity shall have a continuing duty to report any violations of this Act that may occur during the negotiation or duration of a contract. The certification required under this subsection shall be made prior to entry into the contract or agreement with the township and shall be in addition to any other certifications that may be required by any other provision of law.

SECTION 5: RETURN OF EXCESS CONTRIBUTIONS

A professional business entity or township candidate or officeholder or municipal or county party committee may cure a violation of Section 1 of the Act, if, within 30 (thirty) days after the general election, the professional business entity notifies the Township Council in writing and seeks and receives reimbursement of a contribution from the township candidate or municipal or county political party.

SECTION 6: PENALTIES

A. All Township of Old Bridge professional service agreement shall provide that it shall be a breach of the terms of the government contract for a professional business entity as defined in Section 2C to violate Section 2B or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.

B. Any professional business entity as defined in Section 2C and 2D who knowingly fails to reveal a contribution made in violation of this Act, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future township contracts for a period of four (4) calendar years from the date of the violation.

C. In addition to the above stated penalties, any person who knowingly violates the prohibitions of this Ordinance or purposely conceals, attempts to conceal his, her or its conduct in violation of this Ordinance or assists or facilitates concealment of violations of this Ordinance by others shall be subject to the following general penalties:

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 fine not exceeding one thousand ($1,000.00) dollars; or by a period of community service not exceeding ninety (90) days.

SECTION 7: 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 8: 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 9: 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 40:69A-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.

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

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

NAYS: Councilmen Calogera, Greene, Councilwoman Panos.

ABSENT: Councilman Hoff.

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

Moved by Councilwoman Panos, seconded by Councilman Calogera.

Councilman Calogera: I think this ordinance can work. If it is not perfect, we have the authority to come back and fine tune it. We can live with this for now. We are the governing body. And we have to exert leadership. This is what needs to be done.

Councilman Redmond: In light of the fact that there is already a bill in front of the House which has passed the Senate which Mr. Ruggierio says will supersede our ordinance, I suggest that we table this ordinance until we see what happens with the state.

RESOLUTION NO. 196

APPROVING 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:

January 6, 2003 - Reorganization
January 13, 2003 - Combined
February 10, 2003 - Regular
February 24, 2003 - Combined
March 3, 2003 - Agenda
March 10, 2003 - Regular

Moved by Councilman Maher, 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: None.

ABSENT: Councilman Hoff.

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

Councilwoman Panos: I called the Clerk's office with respect to the minutes of March 3, 2003. There was a motion made because the Lion's Club needed a renewal for their liquor license. It (the minutes) says that the motion was made by Mr. Redmond and seconded by Councilwoman Panos. I made the motion.

Deputy Clerk Ward: This was corrected.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO 18-03

AN ORDINANCE TO ESTABLISH A GOLF COURSE UTILITY WHICH SHALL HEREAFTER BE OPERATED AND MAINTAINED AS A SELF-LIQUIDATING PUBLIC UTILITY

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

Section 1. The Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey ("Township") does hereby declare and establish that a golf course utility of the Township shall hereafter be operated and maintained as a self-liquidating public utility for all purposes of the Local Bond Law, N.J.S.A. 40A:2-1 et seq., and Local Budget Law. N.J.S.A. 40A:4-1, et seq. of the State of New Jersey with respect to the ownership and operation of certain golf course facilities in the Township ("Utility").

Section 2. The Utility is hereby authorized to receive such fees, rents, rates or other charges for or in connection with the use or services of such Utility, which sums shall be held, used and applied in accordance with the Local Bond Law, N.J.S.A. 40A:2-1, et seq. and the Local Budget Law, N.J.S.A. 40A:4-1 et seq. of the State of New Jersey, as well as other applicable statues.

Section 3. Management of the Utility herein above established shall be vested in the Governing Body of the Township of Old Bridge as that term is described at N.S.A. 40:L69A-32(b).

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.

Moved by Councilman Redmond, 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: None.

ABSENT: Councilman Hoff.

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

Councilman Greene: For clarification, this utility exists on paper only. This is not a utility in order to hire individuals or employees. It is a funding mechanism. I want to make sure that we have the support of the finance director and the administration.

Mr. Shah: You have my support on creating the utility because it will help you track the utilities accounting and make sure that this utility pays for itself. If not, you will know and put money in the budget to fund the utility. We have had difficulties in the past with solid waste and the arena. This is not an authority; it is a utility. You are creating a utility for accounting purposes. Once established any hiring, etc. will go through the budgeting process, and you will be the approving authority. You would have total control over the utility. There is no plan for hiring now. This allows us to follow our debt service patter. We want this separate from the general obligations.

Councilman Testino: The process is that we approve this ordinance and then it gets sent to the State Division of Community Affairs who approves it for approval.

Mr. Shah: The establishing utility does not go to the state for approval, but we need to get the financing in place. One of the steps is to go to the Local Finance Board so that we can issue the debt service. During the construction phase of the utility, there will be no income because there is no operation. The report indicated that we might have a deficit during the first year of operation. This has to be funded through the issuance of the bonds. That step will require the Local Finance Board review. Our auditors are putting together a financial report to be filed with our bond counsel. We will then come back to the town for adoption of the bond ordinance. You are the ultimate issuing authority.

Councilman Testino: You put a package together and submit it to the Local Finance Board. They tell us that the numbers are good and send it back to us. We can then decide if we want to bond for a portion . . .

Mr. Shah: Up to the amount that we submit - $7 million that we are requesting for the total authorization. $7 million is what we have planned in our study, so that is what I am going by. We were considering $8 million, but then we will be required to adjust our financial reports which is an expensive proposition. I would rather stay with this amount. We will have to come back for additional funding.

Councilman Testino: Why would we do that if we know that it is not that number?

Mr. Shah: We don't know what the final number is. When we did the study, we did it based on a $7 million cost projection by both consultants hired to do the study. l number is. We would have to ask them to revise the projections at an additional cost. I would rather not do that. We are getting an approval for up to the limit amount.

Councilman Testino: I agree that this is the correct vehicle. We are not voting on how much to bond for tonight. We are still in the planning stages.

Councilman Maher: Give me a time frame with respect to the second step which was the filing of the application with the Local Finance Board.

Mr. Shah: Our auditors are working on preparing the package. The Local Finance Board meets once a month, and we have to prepare one month in advance. We are two to three months away until the Local Finance Board approves our utility borrowing ability. It will come back to the council to begin adopting the bond ordinance to start Phase I which is what Councilman Testino alluded to.

Councilman Maher: I just need to visualize this. We get this package to them by the end of the month. It is going to take them two months. It will take them all of May, all of June. We are talking about bonding for this in the July time frame.

Mr. Shah: May and June is the time when we will get approval from the Local Finance Board. We will begin to introduce the ordinance which is another sixty days. You can then award the professional services contract through the normal resolution process.

President Butler opened a public portion.

Mr. Haran: I am a proponent of the golf course for which we paid a lot of money for a study. We did a study on the study. We have been speaking about this for a number of years. The time for talk is over. Please start moving on this.

Seeing no hands President Butler closed the public portion.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 20-03

ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE EXTENDING AND CONTINUING BENEFITS FOR EMPLOYEES CALLED UP TO MILITARY DUTY FOR OPERATION IRAQI FREEDOM

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

President Bush has issued orders calling up reserves in connection with Operation Iraqi Freedom. This Ordinance is enacted to expressly provide extensions of Township pay and benefits and continuation of Township pay and benefits for those Township employees called up to military duty.

SECTION 2: COMPLIANCE WITH COLLECTIVE BARGAINING AGREEMENT

Nothing herein shall be construed to constrict or eliminate a right or benefit conferred by any Collective Bargaining Agreement. The Mayor shall issue appropriate regulations or rules to avoid conflict with such agreements if necessary.

SECTION 3: SENIORITY RIGHTS AND BENEFITS OTHER THAN HEALTH COVERAGE

No employee called up for Operation Iraqi Freedom shall suffer any loss of seniority or benefits other than health benefits. Health benefits are controlled by Section 5 of this Ordinance.

SECTION 4: SALARY

Employees called up in Operation Iraqi Freedom shall be paid differential pay between their Township of Old Bridge gross salary and their military base pay. The Finance Director is hereby granted appropriate discretion to determine the likely military base pay of the employee involved. The Finance Director is also given full discretion to adjust and/or readjust pay upon receipt of information clarifying the actual amount of military base pay being received.

Employees' regular pension contributions, contributing group life insurance premiums and/or other payments normally deducted shall be deducted from the payments being made to the employee from the Township of Old Bridge (differential pay).

SECTION 5: HEALTH BENEFITS

Although health benefits coverage can continue for employees who are called-up for military duty, it may not be in their best interest to do so. Employees with single coverage will have their full medical needs met by the military. Family members could possibly have their needs met by the military or other coverage. Therefore, employees should be given the option of waiving health benefits coverage in case they do not need the coverage while the employee is on military duty. If not expressly waived, that coverage will be continued while the employee is on military duty.

SECTION 6. 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 7. PARTIAL INVALIDITY

SECTION 8. 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.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

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

Councilman Redmond: Do we have employees serving?

Ms. Shepler: We have one member of the Coast Guard. I will be happy to disclose his name privately and one other individual who could possibly be called.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 21-03

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AMENDING FEES FOR BEFORE & AFTER SCHOOL AND SUMMER RECESS DAYCARE PROGRAMS

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

Section 1. Purpose.

This ordinance establishes the fees for the Before & After School daycare program and the Summer Recess Program pursuant to the recommendation of the coordinator of said daycare programs. This ordinance replaces Township Ordinance Nos. 31-00, 11-02 and 52-02.

Section 2. Fees.

A. Registration Fee.

A registration fee shall be charged equal to one (1) month's payment based on the program chosen (before school five (5) days per week, first child registration fee $65.00). If early termination occurs or written notice is provided at least thirty (30) days prior to, the registration fee will be returned within thirty (30) days. If the child remains in the full program, the registration fee will be accepted as the June payment.

The tuition fees for the Before & After School Daycare program shall be as follows:

Before School

	5 Days Per Week	4 Days Per Week	1-3 Days Per Week
First Child	$65.00 per month	$55.00 per month	$45.00 per month
Second Child	$55.00 per month	$45.00 per month	$35.00 per month
Third Child	$45.00 per month	$35.00 per month	$25.00 per month

Elementary After School

	5 Days Per Week	4 Days Per Week	1-3 Days Per Week
First Child	$115.00 per month	$95.00 per month	$85.00 per month
Second Child	$90.00 per month	$85.00 per month	$75.00 per month
Third Child	$80.00 per month	$75.00 per month	$64.00 per month

Middle School Before & After School

	5 Days Per Week	4 Days Per Week	1-3 Days Per Week
First Child	$135.00 per month	$110.00 per month	$90.00 per month
Second Child	$120.00 per month	$100.00 per month	$80.00 per month
Third Child	$110.00 per month	$90.00 per month	$70.00 per month

Combination Before & After School

	5 Days Per Week	4 Days Per Week	1-3 Days Per Week
First Child	$175.00 per month	$145.00 per month	$125.00 per month
Second Child	$140.00 per month	$125.00 per month	$105.00 per month
Third Child	$120.00 per month	$105.00 per month	$85.00 per month

The tuition fees for the Summer Recess Program shall be as follows:

Nine Week Program

	Elementary/Camp Robin	Middle School/Camp Robin
First Child	$950.00	$1,100.00
Second Child	$850.00	$1,000.00
Third Child	$750.00	$900.00

Five Week Program

	Elementary	Middle School
First Child	$625.00	$700.00
Second Child	$575.00	$650.00
Third Child	$525.00	$600.00

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

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.

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Calogera, Redmond.

ABSENT: Councilman Hoff.

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

President Butler: This is the after school program only?

Ms. Shepler: This ordinance impacts all programs.

President Butler: I have a letter signed by Lisa Schneider. Last summer three township employees were given discounts, and I am told that these discounts would no longer be given.

Ms. Shepler: That is absolutely correct.

President Butler: Why not give the township employees discounts?

Ms. Shepler: There is no authorization under the law to give an employee a discount. Your ordinances do not call for a discount. I think no one would want the public perception that because you work for the township you are entitled to something that the average citizen is not. This was a very poor practice and not authorized by ordinance. When this was discovered, the administration acted immediately to stop it.

President Butler: Did we not give them discounts the previous summer?

Ms. Shepler: We did; however, it was not authorized by law, the administration or by you as the governing body.

President Butler: We would have to put together an ordinance to make this happen.

Ms. Shepler: I would never recommend this because the public's perception of township employees is that we are on the public trough and this would add to that illusion.

Ordinance for First Reading

**THE VOTE ON THIS ORDINANCE WAS RECONSIDERED LATER IN THE MEETING **

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 22-03

ORDINANCE AUTHORIZING LAND SWAP BETWEEN THE TOWNSHIP OF OLD BRIDGE AND THE OLD BRIDGE MUNICIPAL UTILITIES AUTHORITY
PART OF LOT 6.12, BLOCK 21000 FOR PARTS OF LOT 67.11 & 79, BLOCK 20000 ON THE TAX MAP OF THE TOWNSHIP OF OLD BRIDGE

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

Section 1. Purpose

This Ordinance authorizes the transfer of a certain part of lands owned by the Township of Old Bridge (Part of Lot 67.11, Block 20000 on the Tax Map of the Township of Old Bridge) to be exchanged with the Old Bridge Municipal Utilities Authority. Statutory authority for such exchange is provided at N.J.S.A. 40A:12-16. In return the Old Bridge Municipal Utilities Authority will convey part of Lot 6.12, Block 21000 on the Tax Map of the Township of Old Bride. The lands to be exchanged are of equal value. The intent of this land swap is to maximize the developmental potential of Township owned lands. This action will render the Township owned lands more valuable in the aggregate.

Section 2. Description of Lands to be Exchanged.

The lands to be exchanged are as follows:

PARCEL A: Parcel A is owned by the Township of Old Bridge and is hereby bounded and described as follows:

Beginning at a point on the existing northerly ROW line of Relocated East Greystone Road (66' ROW, not open), said point being located 481.25 feet from the intersection of the aforesaid northerly ROW line of Relocated East Greystone Road with the prolongation of the westerly ROW line of Marlboro Road (as widened) and from said beginning point running;

1) Along aforesaid northerly line of Relocated East Greystone Road along a curve to the right, having a radius of 1,167.00 feet, an arc distance of 208.11 feet to a point of tangency, thence;

Still along the northerly line of Relocated East Greystone Road South 89 Degrees 50 Minutes 44 Seconds West, 309.00 feet to a point, thence;

Still along the northerly line of Relocated East Greystone Road along a curve to the left, having a radius of 1,233.00 feet, an arc distance of 76.39 feet to a point in the easterly line of 65.14, Block 20000, thence;

North 08 Degrees 34 Minutes 21 Seconds West 350.37 feet to a point, said point being the northeasterly corner of Lot 65.14, Block 20000, thence;

North 77 Degrees 00 Minutes 07 Seconds East, 499.49 feet to a point, thence;

South 08 Degrees 34 Minutes 21 Seconds East, 454.39 feet to the Point and Place of BEGINNING.

Containing 201,077 square feet of land (4.62 acres), more or less.

PARCEL B: Parcel B is owned by the Old Bridge Township Municipal Utilities Authority and is hereby bounded and described as follows:

Beginning at a point on the existing easterly ROW line of Marlboro Road (as widened 40 feet from centerline), said point being located the following two courses from the intersection of the existing easterly ROW line of Marlboro Road with the northwest corner of Lot 6.11, Block 21000;

South 25 Degrees 14 Minutes 27 Seconds East, 485.45 feet along the existing easterly ROW line of Marlboro Road (as widened) to a point, thence;

South 26 Degrees 01 Minutes 38 Seconds East, 414.54 feet continuing along the easterly ROW line of Marlboro Road to the Point or Place of BEGINNING,

and running thence;

North 63 Degrees 58 Minutes 22 Seconds East, 400.00 feet to a point, thence; South 26 Degrees 01 Minutes 38 Seconds East, 500.00 feet to a point, thence; South 63 Degrees 58 Minutes 22 Seconds West, 406.09 feet to a point in the existing easterly ROW line of Marlboro Road (as widened) to a point thence; Along the existing easterly ROW line of Marlboro Road (as widened), on a curve to the left having a radius of 6,040.00 feet, a central angle of 02 Degrees 34 Minutes 24 Seconds, an arc distance of 271.28 feet to a point of tangency, thence; Continuing along the existing easterly ROW line of Marlboro Road (as widened), North 26 Degrees 01 Minutes 38 Seconds West, 228.82 feet to the Point or Place of BEGINNING.

Containing 200,551 square feet of land (4.604 acres), more or less.

Section 3. Exchange Authorized

Pursuant to N.J.S.A. 40A:12-16, the Township of Old Bridge is hereby authorized and empowered to exchange the above described Parcel A for the above described Parcel B. The Township Council hereby finds and declares these lands to be of equal value. The acquisition of the above described Parcel B shall be for a public purpose and consummation of the described swap of lands is in the consummate public interest.

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.

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.

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

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

NAYS: Councilman Greene.

ABSENT PODIUM: Councilmen Calogera, Redmond.

ABSENT: Councilman Hoff

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

Councilman Greene: Has this been done before? It appears familiar to me.

Attorney Ruggierio: We introduced this, but had issues about the descriptions. Mr. Vincenti and the MUA have gotten this resolved.

Councilman Greene: We are revisiting this because of technical changes.

Attorney Ruggierio: This has not been published, and we might as well pass the correct ordinance and publish that.

Consent Agenda

RESOLUTION NO. 197

BINGO/RAFFLE

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

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

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

Robertsville PTA - RA 52-03

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

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

NAYS: None.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilmen Calogera, Redmond.

RESOLUTION NO. 198

MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR PUBLIC STORAGE

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

WHEREAS, Public Storage is located on northbound side of Route 9, and is now seeking a release of the performance guarantee; and

WHEREAS, a bond hearing was held on March 24, 2003 at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, the Township Engineer has performed an inspection of the site improvement works and find that these have been completed satisfactorily and recommend a release of the performance guarantee; and

WHEREAS, the Performance Guarantee was reduced in September, 2002 by 70% from $376,041.60 to $112,812.48 as follows:

Performance Bond $101,531.23

10% Cash Deposit $11,281.25

Total $112,812.48

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

The developer posting a Maintenance Bond for a (2) two year period in the amount of $56,406.24 (15% of the original Performance Bond).

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

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

NAYS: None.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilmen Calogera, Redmond.

RESOLUTION NO. 199

AWARDING CONTRACT TONIMCO CONTRACTING COMPANY, INC. FOR IMPROVEMENTS TO RIVERDALE AVENUE AND WESTLEY ROAD

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

WHEREAS, the Township of Old Bridge is in need of drainage and reconstruction improvements on Riverdale Avenue and Westley Road; and

WHEREAS, the Township Engineer has recommended that a contract be awarded to Nimco Contracting Company, Inc., located at P.O. Box 594, One Herbert Street, South River, NJ 08882; and

WHEREAS, the Township Council wishes to award the contract for the drainage and reconstruction improvements to Nimco Contracting Company, Inc., in the total amount of $12,000.00 as follows:

Riverdale Avenue - $4,850.00 Certification No. 1122

Westley Road - $7,150.00 Certification No. 1123

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

Nimco Contracting Company, Inc., is hereby awarded a contract in the amount of $12,000.00.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1122 and No. 1123 certifying the existence of a sufficient appropriation to fund the said contract.

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

This Resolution is condition upon the following:

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

Issuance of a Certificate of Availability of Funds as aforesaid.

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilmen Calogera, Redmond.

RESOLUTION NO. 200

GRANTING PERMISSION TO EXTEND THE NOISE ORDINANCE FOR EXTENSION OF NOISE ORDINANCE FOR THE YOUTH GUIDANCE COUNCIL'S BATTLE OF THE BANDS

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

WHEREAS, the Old Bridge Youth Guidance Council will be holding a Battle of the Bands on Friday, June 13, 2003, from 7:00 p.m. to 11:30 p.m. at the Old Bridge Ice Arena for the Old Bridge High School students; and

WHEREAS, the function is under the "Young Adults Against Violence" program and the proceeds are going to the 911 Memorial in old Bridge; and

WHEREAS, the Youth Guidance Council is requesting permission to extend the noise curfew ordinance from 10:00 p.m. to 11:30 p.m. for the event.

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 to the Old Bridge Youth Guidance to extend the noise curfew from 10:00 p.m. to 11:30 p.m.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilmen Calogera, Redmond.

RESOLUTION NO. 201

AWARDING CONTRACT TO MILLER LANDSCAPING, INC., FOR IMPROVEMENTS TO SIOUX STREET

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

WHEREAS, the Township of Old Bridge is in need of drainage improvements and repairs on Sioux Street; and

WHEREAS, the Township Engineer has received three bids and recommends that the contract be awarded to Miller Landscaping, Inc., in the amount of $6,525.00

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

Miller Landscaping, Inc., located at PO Box 543, Matawan, New Jersey 07747 is hereby awarded a contract in the amount of $6,525.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1125 certifying the existence of a sufficient appropriation to fund the said contract.

This Resolution is conditioned upon the following:

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

Issuance of a Certificate of Availability of Funds as aforesaid.

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilmen Calogera, Redmond.

RESOLUTION NO. 202

GRANTING PERMISSION FOR A TENT SALE MARTY'S SHOES MARKETPLACE II

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

WHEREAS, Marty's Shoes at the Market Place II has requested to hold a tent sale on April 9, 10, 11, 12, 2003; and

WHEREAS, the Township Council wishes to endorse and permit such a sale at the Market Place II based on the following conditions:

1. Building permit and inspection must be obtained from Dept. of Code Enforcement.

2. Sales may be conducted directly in front of the merchandiser's store or in an area of the shopping center expressly provided for such purposes.

3. No merchandise, tables, chairs or other obstructions shall be located within 3 feet to either side of the ingress/egress doors to the tenants. The sidewalk shall be kept clear and unobstructed to allow proper pedestrian movement.

3. No merchandise, stock or combustible materials shall be stored or displayed higher than 8 feet or shall require the presence of fire department apparatus or personnel is to be on-site during the sale.

4. Portable fire extinguishers of the ABC type, 10 LB minimum be located along the sale area at a maximum of 100 feet apart.

5. No parking in front of the stores shall be permitted. Normal parking procedures are to be utilized and enforced with unobstructed fire lanes throughout the shopping center.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilmen Calogera, Redmond.

RESOLUTION NO. 203

GRANTING PERMISSION FOR A BLOCK PARTY YORK STREET ON JULY 19, 2003

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

WHEREAS, the residents of have requested permission to close York Street at the intersection of Adams and Pym Streets for the purpose of a block party to be held on July 19, 2003 (rain date July 26, 2003).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions.

It is a requirement of this approval that you must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Clerk's office before Council approval.

It is a requirement of this approval that York Street be completely closed to vehicular traffic from the intersection of Adams and Pym Streets. This closing must apply also to the residents' vehicles as well as other vehicles. You will be responsible for making provision to have the roadway blocked, making sure that there is access for residents to enter and depart as they desire. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant).

The party must end and the streets reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilmen Calogera, Redmond.

RESOLUTION NO. 204

RECOGNIZING APRIL 6 THROUGH 13, 2003 AS CRIME VICTIMS' RIGHTS WEEK IN THE STATE OF NEW JERSEY

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

WHEREAS, the statewide Victims' Rights Summit to be held on April 7, 2003 marks the Crime Victims' Rights Week Kick off event, which initiates the observance of Crime Victims' Rights Week in the State of New Jersey from April 6 through April 13, 2003; and

WHEREAS, the Township Council of the Township of Old Bridge recognizes that on November 5, 1991, the voters of the State of New Jersey adopted Article 1, paragraph 22, the Victim's Rights Constitutional Amendment which promised to all victims of violent crimes that they would be treated with "fairness, compassion and respect" in the criminal justice system; and

WHEREAS, the theme for Crime Victims' Rights Week in the State of New Jersey and throughout the nation for the year 2003 is the "Victims' Rights - Fulfill the Promise"; and

WHEREAS, the Township Council of the Township of Old Bridge is pleased to recognize and honor all victims of crime and those activists who have demonstrated concern and compassion on behalf of their fellow citizens who have been victimized by violent crime; and

WHEREAS, the Township Council of the Township of Old Bridge does hereby affirm its support of a statewide and national commitment to violence reduction and victim assistance to help bring criminals to justice, as well as increased efforts to protect citizens and safeguard the right of those who become victims of crime; and

WHEREAS, the Township Council of the Township of Old Bridge is pleased to support a statewide Victims' Rights Summit which will take place on April 7, 2003 which will bring together victims, advocates, service providers, prosecutors and legislators to celebrate the efforts made on behalf of crime victims in the past and to affirm the goals for the future.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that it hereby joins in the observance of April 6 through April 13, 2003 as Crime Victims' Rights week in the State of New Jersey, and does hereby support the promise and pay tribute to the many individuals and organizations who support and apply their resources on behalf of crime victims and urges all citizens to do their part to stop violence by reporting crimes and refusing to tolerate injustice in their homes or in their communities.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilmen Calogera, Redmond.

RESOLUTION NO. 205

AUTHORIZING PAYMENT OF ACCUMULATED TIME TO DETECTIVE WILLIAM MOSCARITOLO

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

WHEREAS, the Township Council of the Township of Old Bridge has a policy which requires the Township Council's authorization to any put out of accumulated time $5,000 or greater to be authorized by resolution; and

WHEREAS, due to retirement from his position at the township, William Moscaritolo is entitled to a pay out of his accumulated time; and

WHEREAS the Township Council wishes to authorize such pay out.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that a lump sum pay out of accumulated time is hereby authorized to be paid to William Moscaritolo in the amount of $52,685.75.

Sick (149.5 days) $46,606.63

Vacation (19.5) 6,079.13

TOTAL $52,685.75

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

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

NAYS: None.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilmen Calogera, Redmond.

RESOLUTION NO. 206

AUTHORIZING A TEMPORARY EMERGENCY APPROPRIATION IN THE AMOUNT OF $476,500.00 FOR ACCUMULATED TIME PAYOUT

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

WHEREAS, an emergency has arisen with respect to the Accumulated Time Payout, and no adequate provision was made in the SFY 2003 Budget for the aforesaid purpose, and N.J.S.A. 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned; and

WHEREAS, the total amount of emergency appropriation created including the appropriation to be created by this resolution is $476,500.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that in accordance with N.J.S.A. 40A:4-48, an emergency appropriation be and the same is hereby made for accumulated time payout in the aggregate amount of $25,000.00 and that said emergency appropriation shall be provided in full in the SFY 2004 budget.

BE IT FURTHER RESOLVED that three certified copies of this resolution will be filed with the Director of Local Government Services.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilmen Calogera, Redmond.

RESOLUTION NO. 207

AWARDING CONTRACT TO TRAFFIC LINES, INC. FOR STREETSTRIPING ON SPRING VALLEY ROAD

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

WHEREAS, the Township of Old Bridge requires the services for street striping on Spring Valley Road; and

WHEREAS, the Township Engineer has received three quotes and recommends that the contract be awarded to Traffic Lines, Inc., for the thermoplastic traffic striping on Spring Valley Road in the amount of $5,565.12.

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

Traffic Lines, Inc., located at 5100 Asbury Road, Farmingdale, New Jersey 07747 is hereby awarded a contract in the amount of $5,565.12.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1126 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

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

Issuance of a Certificate of Availability of Funds as aforesaid.

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

Compliance by the vendor with filing of Affirmative Action Form AA302 and AA201, or otherwise complying with Affirmative Action Employee Information Reporting.

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

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

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

NAYS: None.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilmen Calogera, Redmond.

RESOLUTION NO. 208

RESCINDING RESOLUTION NO. 177 AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH JOHN AZZARELLO, ESQ. IN RE STATE V. SMALLEY

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

WHEREAS, the Township Council wishes to rescind Resolution No. 177 authorizing a contract for legal services with John Azzarello, Esq., with reference to the matter of the State vs. Smalley.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that Resolution No. 177 authorizing a contract for legal services with John Azzarello, Esq. is hereby rescinded.

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

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

NAYS: None.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilmen Calogera, Redmond.

RESOLUTION NO. 209

AUTHORIZING SUBSTITUTION OF JOEL FRIEDMAN, ESQ. FOR LEGAL REPRESENTATION N OF POLICE OFFICE GLENN SMALLEY IN RE: STATE VS. SMALLEY

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

WHEREAS, the Township Council previously issued a contract to John Azzarello, Esq. for legal representation of Police Officer Glenn G. Smalley in the matter of State vs. Smalley; and

WHEREAS, due to the request of Police Officer Glenn Smalley, a substitution of attorney requires authorization; and

WHEREAS, Police Officer Smalley wishes to engage Joel Friedman, Esq., as his attorney in the matter of State vs. Smalley.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge as follows:

The contract for professional services is authorized to be entered with Joel Friedman, Esq. in the usual form.

The scope of the work to be performed by Joel Friedman, Esq. shall be representation of Police Officer Glenn G. Smalley, with regard to the matter. This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds No 1127 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY 2003/2004

CERT. NO. 1127

AMOUNT $2,000.00

The availability of a sufficient appropriation to fund the purchases authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget years, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.

4. This contract is for professional services and according to New Jersey Public contract law, the Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: legal representation of Police Officer Glenn G. Smalley.

This resolution is conditioned upon the following:

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

Issuance of a Certificate of Availability of Funds as aforesaid.

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

Compliance by the Vendor with filing of Affirmative Action Form AA302 and AA201, or otherwise complying with Affirmative Action employee information reporting.

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

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

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

NAYS: None.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilmen Calogera, Redmond.

RESOLUTION NO. 210

AUTHORIZING CONTRACT WITH T & M ASSOCIATES FOR PREPARATION OF A MASTER PLAN STUDY FOR MANNINO PARK

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

WHEREAS, the Township of Old Bridge requires the services of an engineering firm for the preparation of a Master Plan Study for Mannino Park; and

WHEREAS, T & M Associates is a licensed New Jersey engineering firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with T & M Associates for preparation of a Master Plan Study for Mannino Park in the amount of $13,500.00.

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

1) A contract for professional services is authorized to be entered into with T&M Associates in an amount of $13,500.00

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1129 certifying the existence of a sufficient appropriation to fund the said contract.

The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract.

The Township Attorney shall review any and all contractual documents prepared in furtherance of this award. This resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilmen Calogera, Redmond.

RESOLUTION NO. 211

AWARDING CONTRACT TO BLAISE BATKO SCULPTURE FOR THE DESIGN, DEVELOPMENT AND INSTALLATION OF THE 9-11 MEMORIAL IN THE AMOUNT OF $50,000

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

WHEREAS, the Township of Old Bridge wishes to memorialize and honor those Old Bridge residents lost on September 11, 2001 with a 9-11 Memorial; and

WHEREAS, the Township of Old Bridge wishes to award the contract to Blaise Batko, Sculpture for the design, development and installation of the Old Bridge Township 9-11 Memorial in the amount of $50,000.00.

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

Blaise Batko, Sculpture of Hamilton Square, New Jersey, is hereby awarded the contract in the amount of $50,000.00.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1124 certifying the existence of a sufficient appropriation to fund the said contract. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.

This Resolution is conditioned upon the following:

Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk. Issuance of a Certificate of Availability of Funds as aforesaid.

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

Compliance by the Vendor with filing Affirmative Action Form AA302 or AA201, or otherwise complying with affirmative action employee information reporting.

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

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

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

NAYS: None.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilmen Calogera, Redmond.

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

Mayor Cannon: We have been raising monies for this memorial, and we have Blaise and some of the women who are on the committee who have helped picked the design, etc. We have raised about $63,000. I commend everyone in the community who has been involved for their generosity and hope that we will receive more money. Once this is approved, we will be able to do the ribbon cutting in September.

President Butler: We are taking contributions from residents and corporations.

C-13 O&Y Redevelopment Zone -REMOVED (T0 BECOME AND ORDINANCE) AUTHORIZING REFERRAL TO TOWNSHIP COUNCIL FROM THE PLANNING BOARD IN REGARD TO O & Y REDEVELOPMENT ZONE - CONTIGUOUS PROPERTY FOR INCLUSION IN REDEVELOPMENT ZONE

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

WHEREAS, the Township Council of the Township of Old Bridge, by Resolution No. 138-03 dated February 24, 2003 instructed the Planning Board of the Township of Old Bridge to undertake a preliminary investigation of a proposed expansion of the Township's redevelopment area to include the properties located t Block 21000, Lot 6.12, Block 21000, Lot 3.11 and Block 21005, Lot 2 to determine whether said properties satisfy the criteria of a redevelopment area as set forth I sections 5 of P.L. 1992, c. 79 (c. 40A:12A-5); and

WHEREAS, a proper public notice of a public hearing to consider this referral was made by the Planning Board on March 7, 2003 and a second notice was made by the Planning Board on March 20, 2003 and a public hearing was conducted on April 2, 2003 in accordance with statutory requirements; and

WHEREAS, a report entitled "Redevelopment of Block 21000, Lot 6.12, Block 21000, Lot 3.11 and block 21005, Lot 2" dated April 1, 2003 was prepared by the Township Planner and considered by the Planning Board at the April 2, 2003 public hearing; and

WHEREAS, the comments of the Township Engineer, Township Planner and the public were also considered by the Planning Board at the April 2, 2003 public hearing; and

WHEREAS, after careful consideration of the report of the Township Planner and comments of the Township Engineer, Township Planner and the public, the Planning Board finds that the above-described parcels meet the criteria of a redevelopment area for the reasons set forth in the report of the Township Planer dated April 1, 2003 provided, however, that they are not developed for any residential use; and

WHEREAS, the Planning Board further finds that the redevelopment of the above-described parcels for non-residential use is consistent with the policies and guidelines set forth in the Rt. 18 Master Plan sub-element adopted by the Township of Old Bridge Planning Board.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the above-described properties are an area in need of redevelopment for nonresidential use in accordance with N.J.S.A. 40A:12-A-5.

Moved by Councilman Baker, seconded by Councilman Testino. NO VOTE TAKEN

Prior to the motion the following discussion took place.

Councilman Greene: I separated this because I have concerns with the process with the 500 acres of the O&Y property. Many years ago this property was designed for commercial/industrial development in order to help out with the tax base of the township. I hear a lot about putting houses on that property. I am concerned and upset and will be openly vocal against any plan to build any type of residential housing on that property. Five hundred acres is owned by the township, and I cannot see giving that up for housing. I openly support and will fight for industry in that location so that we can help the residents insofar as bringing clean ratables for this township. I vote "no" on this.

Councilman Testino: This is only a resolution for referral to the planning board, and the planning wants us to do this?

Mayor Cannon: The planning said they agreed with the concept, but they also added that they do not want to see any residential housing on any of these pieces.

Councilman Testino: This is in a resolution from the planning board?

Mayor Cannon: Yes.

Councilman Calogera: The planning board understood the need to move ahead and add that parcel because of the limitations with frontage and access. We had a concern with regard to housing, and they stretched that and put it in their recommendation that housing not be included in that.

Councilwoman Panos: If we agree with this, we agree with the planning board that no housing will be part of this.

Attorney Ruggierio: It looks to me like what we are doing is referring this to the planning board in the first instance, but they have anticipated your referral and reported to you already. This is a formal requirement in order to designate a property as a redevelopment zone. It is not the last step; you need an ordinance. Once this is referred, they will repackage their recommendations and send it back. You will then take your last step.

Councilman Testino: Didn't we have to send this out to the planning board?

Ms. Shepler: That was done. The planning board met and had public hearings on March 7, March 20, and the public hearing was on April 2. This is now coming back to the Township Council.

Councilman Redmond: This does not belong on the consent agenda; it should have been an ordinance.

President Butler: We will table this and put it on for first reading.

Councilman Calogera: Are restrictions on residential being included in the ordinance?

Attorney Ruggierio: Once this comes back from the planning board, as it apparently has, now it becomes your issue, and you have the authority to act in conformity to the recommendation or in violation of it. We will draft an ordinance that will give you flexibility, and you can discuss this as a discussion ordinance. We can then move it to first reading, if you deem it appropriate. This should be tabled.

Councilman Testino: You will draft something, and we will get to it next week.

Discussion

1. Installation of sidewalks from Highpointe to Town Centre.

Councilman Baker: I ask the Clerk to move that to our next meeting in the interest of time.

Attorney Comment.

Attorney Ruggierio: Please change Councilman Testino's vote on the ordinance authorizing a land swap between the Township of Old Bridge and OBMUA to "no participation".

President Butler: Does anyone object to a change to Mr. Testino's vote?

Councilwoman Panos questioned the new outcome of the votes.

Attorney Ruggierio: It think the vote was sufficient because it is a first reading ordinance - a majority of those participating must vote in the affirmative.

Councilwoman Panos: I want to change my vote also. I did not realize something when I voted for it.

Motion

to reconsider the vote on Discussion Ordinance No. 2 (Land Swap between Township of Old Bridge and MUA) made by Councilman Testino, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Hoff.

Ordinance for First Reading. (As reconsidered)

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 22-03

ORDINANCE AUTHORIZING LAND SWAP BETWEEN THE TOWNSHIP OF OLD BRIDGE ANDTHE OLD BRIDGE MUNICIPAL UTILITIES AUTHORITY
PART OF LOT 6.12, BLOCK 21000 FOR PARTS OF LOT 67.11 & 79, BLOCK 20000 ON THE TAX MAP OF THE TOWNSHIP OF OLD BRIDGE

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

Section 2. Description of Lands to be Exchanged.

The lands to be exchanged are as follows:

PARCEL A: Parcel A is owned by the Township of Old Bridge and is hereby bounded and described as follows:

Along aforesaid northerly line of Relocated East Greystone Road along a curve to the right, having a radius of 1,167.00 feet, an arc distance of 208.11 feet to a point of tangency, thence;

Still along the northerly line of Relocated East Greystone Road South 89 Degrees 50 Minutes 44 Seconds West, 309.00 feet to a point, thence;

North 08 Degrees 34 Minutes 21 Seconds West 350.37 feet to a point, said point being the northeasterly corner of Lot 65.14, Block 20000, thence;

North 77 Degrees 00 Minutes 07 Seconds East, 499.49 feet to a point, thence;

South 08 Degrees 34 Minutes 21 Seconds East, 454.39 feet to the Point and Place of BEGINNING.

Containing 201,077 square feet of land (4.62 acres), more or less.

PARCEL B: Parcel B is owned by the Old Bridge Township Municipal Utilities

Authority and is hereby bounded and described as follows:

South 25 Degrees 14 Minutes 27 Seconds East, 485.45 feet along the existing easterly ROW line of Marlboro Road (as widened) to a point, thence;

South 26 Degrees 01 Minutes 38 Seconds East, 414.54 feet continuing along the easterly ROW line of Marlboro Road to the Point or Place of BEGINNING, and running thence;

Along the existing easterly ROW line of Marlboro Road (as widened), on a curve to the left having a radius of 6,040.00 feet, a central angle of 02 Degrees 34 Minutes 24 Seconds, an arc distance of 271.28 feet to a point of tangency, thence; Continuing along the existing easterly ROW line of Marlboro Road (as widened), North 26 Degrees 01 Minutes 38 Seconds West, 228.82 feet to the Point or Place of BEGINNING.

Containing 200,551 square feet of land (4.604 acres), more or less.

Section 3. Exchange Authorized

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.

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.

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

AYES: Councilmen Baker, Calogera, Maher, Redmond, President Butler.

NAYS: Councilman Greene, Councilwoman Panos

ABSENT: Councilman Hoff

NO PARTICIPATION: Councilman Testino

Discussion

YMCA - Site selection and acquisition of property owned by Perth Amboy and located at Owens Road.

Councilman Greene: Mr. Maher is the chairman of the YMCA committee, and I would be glad if he would give us a status, and then I would like to discuss my position and feelings as to where we are now and where we should go on this.

Councilman Maher: I will defer to you because you put this up.

Councilman Greene: This project has been in the works for several years. Many people have been involved in this - the recreation board, Mayor Cannon, Tom Badcock, the committee, elected officials, etc. I honestly believe that there is a stall involved. I want to lay out where we are now and where I stand on this. This has nothing to do with my trying to take credit, but has everything to do with me trying to do right for the township.

Several weeks ago we discussed the location for the YMCA. As a councilman it is not always easy to make a decision; we have to rely on experts. The township spent money for an engineering firm to review possible sites for the YMCA which I feel most people would want. I have a copy of the report by the engineering firm which included a methodology. They wanted parcels of land that were at least twelve acres in size. They decided that they were looking for a structure 50,000 square feet which would have rooms for administration, classes, multi-purpose room and athletic and fitness space, an outdoor pool and a separate day care pavilion. They needed 250 parking spaces. They also said they wanted a location in which they could have future expansion. It is fair to say that when the put the pros and cons to all the sites, they came up with two. One location was in the municipal center and one in Mannino Park.

Mannino Park has always been separate and distinct from the "Y". It is a land mass of 165 acres of which 111 are buildable acres. Thanks to the mayor's administration and Tom Badcock along with Councilman Mannino. They had the foresight, and despite adversity, despite negativism, despite people who said that the park could not be developed, they stayed with it and went to the experts who said they could build in that facility. Mannino Park is on Rt. 516 near Owens Road. You cannot sit back and wait for an organization to say that they need fields. The township has worked very hard; they identified this area; they proved it was suitable. As far as I am concerned this is a great area which we could use for future recreation for the children of this town.

(Councilman Greene refers to two maps - one depicting the area surrounding the municipal complex, the other Mannino Park). They tried to do this different ways, and this is what they felt was the best way. (Referring to proposed area adjacent to municipal complex) - here is the drawing of the YMCA - that would sit on what is now tennis courts. The tennis courts would be removed. The replacement cost would be $300,000. Here is the parking area - 250 spots. In order to get that in you would have to take down trees - destroy the aesthetic view of the people who live in The Arbors. Take the trees down; install the parking lot; create more traffic congestion in the complex. This diagram is great. It shows the last row of houses in The Arbors who will be looking at cars instead of a nice tree setting.

On the other hand you have open space (referring to Mannino Park area). The green area is called "wetlands" which is not necessarily negative. It means that you cannot build, but that is fine. The white area is 111 usable acres. We can build athletic fields. The wetlands are not really a problem. If the proposal goes through we will be able to have the athletic fields and passive recreation in the wetlands. This (pointing to a particular spot on the map) is a possible site for the YMCA. The administration feels that this could work, but there is one negative. If this is to be developed, it will cost more to bring water in and will cost more for the road - the engineering report indicated $100,000 . Since you can issue debt for this - probably $5,000 to $6,000 a year, that is the one negative. Keep in mind this. I told you that the administration made a commitment to develop this property. Do you know what a "given" is? A given is something you should accept as fact that a commitment was made. The given is YMCA or no YMCA - this is going to be done because this area is going to be developed for the future needs of our kids. I don't even think that the additional cost for the water and roadway should even enter into the discussions as far as making a decision on the "Y".

The council wants to spend money to make a financial comparison between these two (locations). There is a financial comparison between a site that has no room for expansion, that is going to knock down trees, disturb the view of homeowners, that is going to cause traffic. I think this is a stall. I have no problem saying that I love this plan and let's do it. You want to do the financial, shame on you. Another excuse - let's do a master plan. Let's delay the commitment for the "Y". A master plan is interactive. The township tells the engineering company who prepares a master plan what they want. The engineering firm who won the proposal is going to do two master plans - one with a "Y" and one without it which I think is foolish. I admit that a master plan should be done. The township can tell the engineering company what they want - ball fields, soccer fields. Why should that hold up standing up and selecting this site as the site for the "Y"? I think it is a stall.

This is a document from the community "Y" which the township attracted. It was given to the administration and council. I point out one thing that I find significant. Attached to the letter is another study which represents "the critical observations, recommendations and evaluations" for putting a "Y" in Old Bridge. More money was spent to see the viability of a "Y". The last paragraph on page two reads "One of the purposes of this study is to determine if there are issues that could conceivably hurt the campaign." Campaign meaning getting the "Y". "We found one. It is political partisanship of the worst kind between Democrats and Republicans. Partisanship so petty that when both parties want a "Y", either one in a not so worst case scenario may obstruct it if the other side gets the credit. This will be the hidden agenda with all negotiations with town officials." Shame on us if that is true.

The administration has tried to acquire at Mannino Park this little triangle {as indicated on the map} which is currently owned by the City of Perth Amboy. This area is a little over an acre. We want to acquire that because it would make the entrance into the park perfect because we would be able to avoid infringing on the wetlands and make better access along Rt. 516. For at least two years we have been dealing with Mayor Vas. I called him last year. After repeated phone calls, he had the business administrator call me back. I was told they would work on it. I called the business administrator two weeks ago and was told that they were not holding anything up. I asked him who was completing the deal. He told me it was the attorney. I asked to have the attorney give us a date - to let us know when we could sit down to acquire this piece of property which is valued at $18,000. He never called me back.

I am making a formal request to Mayor Vas who wants to run for Assembly. I think he should take the interests of the children of Old Bridge and do the right thing. He is a politician, a mayor who wants to run for Assembly. He should do the right thing. Give us that acre of property, and if he does not, this council should start condemnation. We should stand up, put up or shut up. I am trying to get this going; I have been a part of this for several years.

Councilman Maher: I don't have a presentation like Mr. Greene, but I have jotted a few things down, I am happy to see that Mr. Greene is supporting bringing a YMCA to Old Bridge. I will be the happiest guy alive if both the YMCA and Mannino Park succeed. As the chairperson for bringing the YMCA to Old Bridge, I think we took the major first step this evening which was to make sure with the master and concept plan that we can serve the needs of the Sayrewood South little league, our football teams, the necessary concession stands and all the things that are important to us to make sure that there is room to accommodate everyone's needs at the moment and at what costs.

I feel we have not done our due diligence. When we entered into this agreement with the YMCA, this council passed a resolution that within twenty-four months a YMCA would be built in Old Bridge, and if not, they would post a $10 million bond. This council does not negotiate contracts. That is a resolution that we passed in August and directed the administration to negotiate that contract with the YMCA to get us the $10 million bond. It is a fact that the YMCA . . . We did a web based survey at no cost to taxpayers which had an overwhelming response. The YMCA has a model they had to follow with century old traditions. The YMCA is following a model and have to dot all their "I's" and cross all the "T's". The YMCA did a follow up market research study and a follow up feasibility study and have just recently completed their market research study, the results of which they will share at a task force meeting on April 29. The YMCA is moving along doing their due diligence with their feasibility study which shows that they can conservatively raise $1.5 million just by reaching out to business leaders in the community - corporate sponsorships. I don't know the results of their recent market research study, but their market research study which they are going to read out to us at the April 29 meeting will let us know exactly what individual families will pay for a family membership, individual memberships, parent/child membership and single memberships. That information will be shared with us on April 29.

Most recent conversations with the YMCA - they are not pushing for the site selection as of yet. They are still doing their due diligence. The YMCA officials have told me that they will go to the board the next day after the April 29 meeting and they will share the results of the marketing research with their board. With $1.5 million they don't have a green light so far to move forward with a YMCA in Old Bridge. That is a fact. We need to do our due diligence. I need to make sure that with the master plan, and we took the first step here this evening, I need to make sure that the Mannino Park can accommodate the Sayrewood South little league, can accommodate our football and all the other necessary other athletic fields that are important to us. We need to do our due diligence. Mr. Calogera is doing due diligence; the YMCA is continuing their due diligence. Mr. Calogera is leading . . . . we need to explore additional funding sources. We have $1.5 million in pledges. Mr. Calogera is doing his additional funding sources which will be a discussion at our April 29 meeting. I cannot approve a "Y" at a location site unseen. I don't think you can never be too poor to plan.

A representative of the YMCA has told me that they are still doing their due diligence. I don't see the rush. I want to see the master plan and be perfectly clear that this site can accommodate the Sayrewood South little league and whatever other recreational needs this administration wants from Mannino Park. I have yet to see that.

Councilwoman Panos: I am on the committee for the YMCA. I don't know who does not believe that the YMCA belongs at Mannino Park. Due Diligence? Yes, the YMCA is doing theirs. Another study, another study, another study at the taxpayers expense? I am a little curious as to how much in political contributions this engineering made to this township because of the number of studies that have been done. Taxpayers, please call your local councilperson and say "let's get moving". This is a drag your feet council. I have been here for one year, and I am not sure what has been going on. Mr. Greene has done more work on the YMCA than some of the members on the committee. There are members who have not even showed.

Councilman Maher: I take exception to that.

Councilman Greene: I think she has a valid point. I have been outspoken on the rec. board and have attended the meetings.

Councilwoman Panos: There are people who have never showed. Can we get a move on the "Y" at Mannino Park? Do we have to do another study?

Councilman Maher: We took the first step tonight with the master plan.

Councilman Greene: The master plan is a joke.

Councilwoman Panos: There are 111 acres to build on. They are talking about 12 acres; you don't need a master plan. I am curious who is getting the study to do the master plan and how much they contributed politically.

Councilman Maher: Ask the mayor and her administration. We went with their recommendation.

Mayor Cannon: It was the lowest price.

Councilwoman Panos: Is the other plan with or without the YMCA there?

Mr. Badcock: T&M is doing the master plan. There are 111 acres. Geick Park is 30 acres, one-third of which is wetlands and there are 6 full sized fields on it. You have 111 buildable acres in Mannino Park. You could put Yankee Stadium in Mannino Park without the parking.

Councilman Maher: How much parking does Geick Park have?

Mr. Badcock: We use the parking at the school rather than have to pave the fields. All the interscholastic athletics use the Geick Park fields. Every sport that the Board of Education sponsors uses the Cedar Ridge parking lot. We have parking at the Robin building.

Councilman Maher: What was the name of that school? Cedar Ridge?

Mr. Badcock: You know what I am talking about - the old Cedar Ridge High School.

Councilman Maher: How long have you been recreation director? It is not Cedar Ridge High School.

Mr. Badcock: There are 111 acres in Mannino Park and 3 usable acres here if you include the tennis courts. The trees would have to be taken down.

Mayor Cannon: I don't want to rewrite history and don't want to get the "Y" in the middle of this discussion, but a presentation was made to the rec. board as their analysis of the various sites and the discussion of the two final sites. It has been four months that this council has had that information before them. The whole idea of master plan and Mannino Park which had been funded a couple of years ago and was basically waiting until we received confirmation that we were going to get that access at Owens Road is necessary for the development of the park. To tell whether or not the "Y" should go there is a no-brainer. You carve out 12 acres as to where it fits on the site and you do a site plan which will become part of the building and application process. You have over 100 acres left for whatever recreation needs the township decides they need to have. I cannot help but agree with Councilman Greene that it seems to be to be a stall especially by the chairman of the committee who kept emphasizing the twenty-four months. That was the one commitment we made to the "Y" - we will provide the site; we will do an analysis and come up with our decision regarding the site, and we have not done that. They have committed and spent monies on their feasibility study. They did an additional phone survey to determine the actual membership which they have concluded. They have shown their faith in good will insofar as wanting to come to this community, and I think that it is incumbent upon this council to respond to the residents who have responded favorably to the outreach by the "Y". They want a "Y". The rec. board chairman said they want to see a "Y". You have to condemn that opening from Owens Road and you have to make the decision regarding the site. Mannino Park wins this hands down.

Councilman Maher: I just want to repeat - is anyone listening to me? I have spoken to representatives of the "Y" most recently last week. They are still doing their due diligence. People are making this political. I spoke to Dick Pollack and Jim Murray of the YMCA. They are doing their due diligence. We are not holding them up, Mayor, unless you know more information that you are not sharing with me or this committee. What is the status of the negotiations with the principal agreement? Have you had a meeting yet?

Mayor Cannon: The attorney gave you the information he drew up. He asked for your input. I believe that he has distributed it to council to seek their input as to the parameters of the agreement.

Councilman Maher: Has there been a meeting?

Mayor Cannon: You cannot start negotiating until you have a site. That was one of the prerequisites of sealing a deal, and you know that.

Councilman Maher: I respectfully disagree. There are a whole host of negotiating items that need to be negotiated in parallel to this.

Attorney Ruggierio: The purpose of distributing this to the council and the committee members is to get your feedback once we know what our position is then we negotiate with the other side. I was not going to send my draft agreement to the other side. I think that is good business.

Councilman Testino: I received the draft last week; you don't have my comments yet.

Attorney Ruggierio: I was asked to send this to the committee members, but the mayor said that some of the council members were surprised that the agreement was in the hands of others. I redistributed it to the all the council members - the reason for the two distributions.

Councilman Testino: I am glad that everyone is now supporting the "Y", but is it the "Y" at any cost. If you say that you can put the "Y" up tomorrow, I will vote for it tonight. You cannot ask me to vote for it without telling me how much I am voting for on the elements. You want to vote for Mannino, and that is going to be the only place that we are going to put it, fine, let's go ahead and get the "Y" done. I would do the "Y" over any other allocation for recreation this year if that is what you say you can accomplish. If Mr. Maher is right and says they don't care about the site selection, don't know what engendered this whole discussion other than the pointing of the finger. I don't know why there seems to be animosity about this or there is some lack of open discussion about which site to engage in. If there are not ready for us to hand them the site, I guess we will know that on April 29 when they walk in the door. It is only a week away. I think that we should get our comments to Mr. Ruggierio, allow him to do his job and move forward in the process. More than one thing can happen at a time. If that is not a good way to proceed, Bill is never going to negotiate anything. I was under the impression that the mayor had the results from the "Y" on their financial analysis.

Mayor Cannon: Everyone received a copy of the financial analysis. There was a phone survey to determine membership interest. They called 300 households across town in every ward plus the apartments and received numbers for individual and family memberships. I received verbal news that this came back very positive.

Councilman Testino: This is the component that they need to be sure that this is financially feasible for them to construct a "Y". They are providing the building money; we are providing the land. Now we are providing improvements for the infrastructure going into the park.

Mayor Cannon: We would do this if we hope to develop Mannino Park.

Councilman Testino: If we select that site, we have to do it.

Mayor Cannon: We are not going to develop Mannino?

Councilman Testino: I did not say that. If we want to do that tomorrow, we have to buy into that tomorrow. We have to pour all of our resources it developing that if we want to open the "Y". We are not talking about opening up any other part of the park right away. It is going to be phased in. The first component that we are talking about is to the exclusion of little league or football fields is putting the "Y" in first. That would be the first phase. Is that what I voted for tonight - the master plan telling us how to phase it in and how much it is going to cost?

Mr. Badcock: The master plan is the entire phase which may be a five phase park. It may take twenty years to develop this park. You are talking about a lot of acres.

Councilman Testino: Are they going to give us back increments on how much it costs for each phase?

Mr. Badcock: Yes, if they are going to do it in today's dollars, if it is a four-phase park - whatever those phases are - they are going to cost estimate in today's dollars what it would cost. If the YMCA is put there, they will do a cost analysis in today's dollars, do an infrastructure, etc. for that connection.

Councilman Testino: Is this timing appropriate for this type of action?

Mr. Badcock: Mr. Maher has got a different story from what I am getting.

Councilman Testino: I am not talking about Mr. Maher. I want your opinion.

Mr. Badcock: I am talking about identifying a site. I am getting a different version from some people at the "Y". They need to have a site identified. It should go concurrently with what Mr. Ruggierio is doing with the contract moving along in trying to formalize a contract agreement.

Councilman Testino: I am going to request a time line on when things are supposed to happen. You are saying that we are to make a decision without additional information. So far no one says that tomorrow if we don't have a decision on the land, they are not going to participate. Did they say that?

Mr. Badcock: The "Y" people told me that they would want, before releasing the findings, . . .

Councilman Testino: Can you get that in writing?

Mr. Badcock: I will get that in writing for you tomorrow if you want.

Councilman Testino: Then we don't have him saying that they are not ready.

Mr. Badcock: I am telling you what Mr. Pollack and the other guy told me last week. They want us to identify a site before they release the findings of their survey. If we have to get this in writing, I will call them tomorrow and get it in writing.

Councilman Testino: They released some of the results.

Mr. Badcock: They did not release any of the results other than to tell us that the telephone survey was very positive and that they thought it went better than they expected prior to doing it. They did not give us any finalized results - numbers of memberships, possibilities, etc.

Councilman Testino: Maybe I am misunderstanding something, and maybe I don't see what the argument is about. I would like to move forward on the "Y". You tell me what they need from us to move to the next step. That is all they need. How much money do they need from us? If we are going to vote on additional monies when we pick a site, I want to know that when we pick the site.

Mr. Badcock: You have over $300,000 in a bond for infrastructure.

Councilman Testino: Is there anything else you need money for in developing the Mannino site to put the "Y" there?

Mr. Badcock: No, just infrastructure money. The "Y" is paying for the building.

Councilman Testino: You said "no". It is on the record. Don't come back to the council and ask for any more money.

Mr. Badcock: It was always the land and the infrastructure to hook them up. The master plan should tell us that the "Y" should . . .

Councilman Testino: I understood what you said. I asked you if you needed any more money for us to select that site and develop the "Y", and you said "no". Therefore, we don't have to vote on any other bonding issues to pick the site.

Mr. Badcock: Not that I am aware of. You have infrastructure money that should more than cover . . .

Councilman Testino: You just changed your answer.

Mr. Badcock: I am not changing my answer. You have over $300,000 in infrastructure (money) which should be more than enough to build the "Y" unless you put in 100 acres back into the park which would cost more money. If you did that, I would not want to be a part of it because it would be ridiculous.

Councilman Testino: We don't have to vote on more money; we only have to pick the site. Put this on the next agenda.

Attorney Ruggierio: I know that there has been a discussion in the past that the "Y" is going to post a $10 million bond. Out of all the things that you need to know, I need the council to know that a bonding/insurance company is not going to post a bond on some nebulous obligation. We have to have an agreement in writing that sets forth standards of performance before we can get a $10 or $12 million amount bond. The only reason I am bringing this up is because I don't want there to be an assertion at some point that the YMCA is not posting the bond that you called for in your resolution. I am telling you that it is not legally possible until we get to the point of an agreement. We got a little detailed in the draft agreement about what types of improvements would be put in the building, but that is what we need to get bonding.

Councilman Greene: I want to thank Mr. Badcock; he cleared up a lot saying that he had discussions with representatives of the "Y", and they would like us to select a site. There should be no debate as to where it should be. I don't think it fits at town hall, which is one of the two finalists. I would like the Clerk to put on for the next meeting a resolution for this council to support the selection of Mannino Park for the YMCA. I would also like the Clerk to put on a resolution that this council supports moving forward on condemnation of that one acre parcel of property so that we can move forward for the development of Mannino Park (aside from the "Y"). We need that one acre of property. I would like the Clerk to put it on to move for condemnation or an agreement from the representative of Perth Amboy.

Councilman Calogera: I echo that. I have had a position on this all along. I think Mannino Park is by far the better choice. We have to get on the agenda. Parks and Rec. looked at this, and it is their opinion that Mannino Park is by far the better spot. I don't see any problem in having Mr. Ruggierio discuss an agreement with them and moving this along.

Councilman Testino: Doesn't he have that authority?

Councilman Calogera: If he does not have a site, he cannot. If he is going to negotiate, he needs to know the site.

Attorney Ruggierio: I am hearing that we might present the agreement with the blank space for the site and negotiate all the other terms which I think that is one of the things that Mr. Maher suggested when he asked me to draw up the agreement sometime ago. I guess that is possible, but we need a site before signing.

Councilman Calogera: I have listened to the rec. board and the residents in my ward and people want this in Mannino Park. I think we should do this contract under our circumstances and conditions and have it placed where we want it.

Councilman Testino: I don't disagree, but has anyone taken the "Y" to show them both sites. Have they expressed a preference?

Mr. Badcock: I took them to the site over a year ago.

Councilman Calogera: They are familiar with both sites.

Councilman Testino: Have they expressed a preference, and do we have that in writing?

Mr. Badcock: Yes.

Councilman Maher: What is that preference, and how come that was not relayed to me?

Mr. Badcock: Because it is not on the record.

Councilman Maher: And if in fact this chairperson of this committee . . . How come this information was deliberately held from me, Mr. Badcock? How come this information was withheld from me?

Mr. Badcock: It was a year and one-half ago when I took them out. That was before you were chairperson, Mr. Maher. This happened when I was working on this as the recreation and parks director. There was no committee then. You were not chairperson. It was me working with the "Y" people and trying to develop a site.

Councilman Testino: Can we get that preference in writing now?

Mr. Badcock: We can ask them.

Councilman Testino: Why not have that before we take the vote?

Mr. Badcock: I can only tell you what they told me last week.

Councilman Testino: I want you to get this in writing, please.

Mayor Cannon: I want it in writing from this council that they are going to move forward about acquiring that piece of land so we can get an entrance way into Mannino Park. We are up against a time deadline because we have a commitment to the county to whom we have already given money to do the intersection of Owens and Rt. 516. We now have to pay additional money to make this a four-way instead of a three-way traffic light. We are not spending the money unless we know for a fact that we are going to have entrance into the park.

Councilman Testino: Is there a time table on the light designs?

Mayor Cannon: They are doing Gaub Road this spring and want to bid Owens before the end of the year.

Councilman Testino: If you have a time table, you have not shared it with us.

Mayor Cannon: It has to be done. This is why we were hesitant about doing the master plan unless we knew for sure that we going to get the entrance.

Councilman Testino: Did they give you in writing the time table they want us to have?

Mayor Cannon: We will get this in writing. I don't know why the council can't just do the right thing without having to have . . .

Councilman Testino: This comes out in a public meeting. You never gave it to us before.

President Butler: Both of these will be put on the next agenda.

Councilman Baker: Mannino Park is named after a Republican. If you think that the Democrats are stalling because the park is named after a Republican, I tell you they are not. I am a Democrat, and I do not want the park near The Arbors. I want it in Mannino Park. But like a blind man who crosses the street, some may say he is stalling; others may say he is being cautious. We should stop naming anything in town for people. We should name this the Old Bridge Park so that there would be no banter.

Status of Codification.

Councilman Greene: We had a meeting in December when we discussed finishing this in January, but several things have to be done. I put this on in an effort to move it.

Report

Feasibility of Advanced Tax Sale.

Mr. Shah: I believe that this is being discussed by the township auditor at our next agenda meeting. Councilman Maher and I had an e-mail discussion.

Councilman Maher: Is this a financial strategy that we should be looking at?

Mr. Shah: I have given you my initial opinion and am telling you that this is a one-time approach, and if you look at the analysis, I am not fully comfortable with the analysis. I prepared this based on what the state has recommended. They assembled a work sheet that I tried to use; it was confusing. I forwarded it to the auditors and asked them to review. They sent the information back to me. I am still not fully comfortable.

They are saying that you get one year of benefits, and a "double whammy" the next year, and you are stuck with an accelerated tax year every year. I gave you reasons not to do that because we are doing this tax sale for people who did not pay one quarter of taxes.

Petition to the State of New Jersey for installation of an electronic flashing sign warning of a signal at Rt. 9 and Cindy Street.

Councilman Calogera: Recently a school bus collided with a dump truck at Rt. 9 and Cindy Street. There are constantly incidents happening at that intersection. I would suggest a petition to DOT for the installation of device similar to what we have on the south bound lane of Rt. 9 north of Perrine "Traffic Signal Ahead". We must solve the problem with this dangerous intersection. This is an important issue. I understand that the school buses have been rerouted, but we still need to come up with a solution.

Mayor Cannon: We will contact the people who are doing the pedestrian light and see if this is within their domain. We discussed no right turn on red out of Cindy Street (at least during certain hours).

Councilman Calogera: Turn on red should be banned completely.

Liquor License.

RESOLUTION NO. 212

TERMINATING LICENSE No. 1209-31-044-001 OF OLD BRIDGE LIONS CLUB DUE TO FAILURE TO TIMELY RENEW

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

WHEREAS, the Old Bridge Lion's Club, License No. 1209-31-044-001 failed to timely renew their 2002-2003 liquor license;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that license No. 01209-31-044-001, Old Bridge Lion's Club is hereby terminated and deemed no longer in existence.

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

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

NAYS: None.

ABSENT: Councilman Hoff

ABSENT PODIUM: Councilman Greene.

ABSTAIN: Councilman Calogera.

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

RESOLUTION NO. 213

AUTHORIZING PERSON TO PERSON/PLACE TO PLACE TRANSFER OF PLENARY CONSUMPTION LICENSE NO. 1209-33-006-004 FROM SAYREWOOD LIQUORS, INC. TO TRABELLI'S RISTORANTE

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

WHEREAS, an application has been filed for a person to person and place to place transfer of Plenary Retail Consumption License #1209-33-006-004; heretofore issued to Sayrewood Liquors, Inc., to Enterprise Networking & Communications Consulting, Inc., t/a Trabelli's Ristorante for premises located at 3679 Highway Route 9 North, Old Bridge, Old Bridge Township, New Jersey; and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and

WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33;

WHEREAS, the applicant has disclosed and the township authorities have reviewed the source of all funds used in the purchase of the license and the licensed business, and all additional financing obtained in connection with the licensed business;

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge does hereby approve the person-to-person and place to place transfer of the Plenary Consumption License #1209-33-006-004 effective April 14, 2003, and does hereby direct the Township Clerk to endorse the license certificate to the new ownership as follows: "This license, subject to all of its terms and conditions, is hereby transferred to Enterprise Networking & Communication Consulting Inc. effective April 14, 2003.

BE IT FURTHER RESOLVED that said license is hereby conditioned that no go-go dancing be allowed.

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

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

NAYS: None.

ABSENT: Councilman Hoff

ABSENT PODIUM: Councilman Greene.

ABSTAIN: Councilman Calogera.

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

Set Date

Codification Meeting.

President Butler: Mr. Ruggierio is preparing an ordinance. I want a meeting.

Councilman Baker: I suggest April 28, 2003 at 6:30 p.m.

General Comments.

Mayor Cannon: I am disappointed that the council failed to act on the Pay to Play ordinance because some of the same members here did the same type of things with the disclosure ordinance and the anti-nepotism ordinance that we had before the council five years ago. They stalled and amended it to death, and then it was finally approved and immediately upon assuming the majority, the council did away with both of them and said they were coming back with a much stronger and effective ordinance. We are in 2003 and have yet to see an anti-nepotism or disclosure ordinance. I think that this has been a disservice to our community that we have failed to take the opportunity to establish credibility in what we are doing in the political process.

Council Comments.

Councilman Testino: The State has a packet of bills circulating between the Assembly and the Senate about the urban sprawl issue, and most people know about the Big Map issue, and we had already discussed that at the EDC thinking it was a great idea, but that it affects Old Bridge a little differently. We have some properties slated for economic development, and we want to comment on that. Except for that piece of property which we want to be able to develop in an economic manner, we don't want to be in the red zone. We should pass a resolution saying that we encourage the legislative efforts to stop the urban sprawl and put more control back into the hands of the township with regard to how it is going to handle housing developments and the contributions from developers towards infrastructures outside the site. I would like support for more drafts to be sent our way. We support the concept of stopping urban sprawl. I ask that this be put on for the next meeting as a resolution.

I understand that the State and Governor McGreevey are debating whether or not to give townships the opportunity to put moratoriums in place. If that did happen, I would like to have a public question on the ballot so we would be in time to know what our community thinks if that law came to fruition whether or not the community would support a building moratorium at least as to additional residential housing or a general building moratorium. I would like to start debating that and get a question on the ballot for this November. I understand that it would be non-binding and advisory at this point. I think it is important to know if the public would support that. I think they will; I think this is the right way to go especially for a community like ours that is having so much pressure for development that we would encourage that law to be passed, but at the same time we want to make sure that we get input. I think that public question is appropriate, and I ask that this be listed and we should pass drafts around from counsel.

Councilman Maher: I second Mr. Testino on those two resolutions and ask the attorney to see drafts of those resolutions at the next agenda meeting.

Mayor Cannon: Is it possible to get clarification as to how that moratorium would work? It is not clear if it prevents any future applications to be filed or if it stops everything that has been approved.

Councilman Testino: We are still waiting for some of the laws to be shaped in Trenton.

Mayor Cannon: It would be nice to understand how this is going to be put in place.

Councilman Testino: I will put this up for debate and discussion so that we can get something ready. If there is an absolute ban on filing, I would not be opposed to that. I have not seen the legislation, but hear that it is being debated in concept. I will send a resolution in support of that as well. I want to be sure that we are ready to exercise without a doubt the option to enter into a moratorium if we get that authority.

Mayor Cannon: You could add to the list the impact fees which are supported by the governor, and which is something that the legislature has been attempting to do for four years. This would allow the township, when they do approve a development, to collect money specifically for schools to expand or build new schools. There were a host of other things that you could collect, like impact fees, which now we cannot.

Councilman Testino: We need to support those because those impact fees are something that are killing us in our current tax structure.

Councilwoman Panos: A non-binding moratorium is a nice thought on which you want to act immediately, but you cannot act on a pay to play law which is still in the state also. I would like the Clerk to tell me how many signatures you need for a referendum on the ballot. I want to know the time frame for submitting petitions. I think the residents of this town deserve to have their voices heard instead of a drag-your-feet council representing them. Maybe they will speak for themselves in November.

New Business.

Vice President Redmond: Mr. Ruggierio has two pro forma resolutions that he would like to bring forth.

Attorney Ruggierio: These are just pro forma resolutions. The first one I received pursuant to a fax today. As council knows we have been processing as the applicant for the "Rt. 9 bridge" between Trans Old Bridge Road and Rt. 9 approved by the various approving agencies. It becomes necessary for us from time to time to sign documents administratively, so we need a resolution of council.

RESOLUTION NO. 214

AUTHORIZING THE MAYOR, TOWNSHIP CLERK, ENGINEER OR SUCH OTHER PERSON WHO MAY BE DESIGNATED BY THE MAYOR TO EXECUTE ANY AND ALL APPLICATIONS, PERMITS AND/OR OTHER DOCUMENTS REQUIRED TO SECURE PERMITS AND APPROVALS FOR THE RT. 9 AND TRANS OLD BRIDGE ROAD INTERCHANGE

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

WHEREAS, the Township Council has previously endorsed the approval and construction of an interchange at Rt. 9 and Trans Old Bridge Road in the vicinity of the Oakwoode Development; and

WHEREAS, numerous permits and approvals for the said interchange including but not limited to stream encroachment permits, wetlands transition areas waivers and N.J.D.O.T. Applications are required; and

WHEREAS, typical regulations and procedures of approving agencies require endorsement by officials of the Township of Old Bridge on applications and permits; and

WHEREAS, the Township Council wishes to confer such authority by this resolution.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Mayor, Township Engineer or such other person as may be designated by the Mayor be and hereby is designated and empowered to execute and endorse any and all applications, permits and/or any other documents required to secure permits and approvals for the interchange at Rt. 9 and Trans Old Bridge Road in the vicinity of the Oakwoode Development.

BE IT FURTHER RESOLVED by the Township Council of the Township of Old Bridge that the permits and approvals covered by this resolution shall include but not be limited to DEP permits, stream encroachment permits, wetlands transition area waivers and N.J.D.O.T. applications.

BE IT FURTHER RESOLVED by the Township Council of the Township of Old Bridge that the Township Clerk be and hereby is authorized to attest or endorse any applications, permits or other documents covered by this resolution.

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

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

NAYS: Councilman Baker.

ABSENT: Councilman Hoff.

ABSENT PODIUM: Councilmen Testino, President Butler.

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

Councilman Baker: Does this resolution prohibit Trans Old Bridge Road from going any further from where it now ends?

Attorney Ruggierio: Trans Old Bridge Road on the side that we are talking about is going to transverse the wetlands that are pretty much across the street from the existing A&P and will connect with Rt. 9 and provide a connection. We call it bridge because it bridges the wetlands, but it won't look like a bridge.

Councilman Baker: If I were traveling from Ferry Road down Trans Old Bridge, how far would Trans Old Bridge go?

Attorney Ruggierio: I know that this was a subject of debate at the planning board. Once it was approved, I don't remember other than to say that I know that there were modifications that certain of the roadways that were previously thought about were going to be fire roads and not actual connections. I know the planning board was concerned that on the other end of Trans Old Bridge Road there not be a substantial connection.

Mayor Cannon: Basically, this takes care of the Oakwoode development. Any future expansion is not under consideration, and this bridge is not conditioned on that. This bridge is something that was in the plan twenty-five years ago when it was first conceived back in the mid '70's. It is necessary link of the whole circulation pattern for not only that development, but that immediate area. It takes some of the pressure off Inverness and some of the other roads in that area that are not built.

Attorney Ruggierio: The public should know that even though this is an application by the township, Hovnanian, the developer, is posting $3.4 million (or whatever it costs) to build the bridge.

Councilman Baker: Would it be prudent to add something to make sure that we cannot extend Trans Old Bridge Road any further?

Attorney Ruggierio: I would not like to see that type of provision in this resolution. We have applications pending and rather than bring every application and slow down the process, this is just a mechanism whereby our outside consultants who are preparing these applications can get the signatures of administrative people to process them.

Vice President Redmond opened a public portion. Seeing no hands Vice President Redmond closed the public portion.

New Business Cont'd.

Attorney Ruggierio: Council may remember that you approved a financing agreement to have an agency lend $50,000 to the EDA in connection with studies relating to that economic development site (500 acres). This is merely a resolution authorizing us to implement those terms and have the Mayor and Clerk sign a mortgage on the property guaranteeing the repayment of the $50,000.

Mr. Shah: You are mortgaging a township property where the money is now been diverted to the EDC. We need to make sure that this is legal.

Attorney Ruggierio: The township council has already approved this mortgage that secures the . . .

Mr. Shah: I thought that was a county grant, not a mortgage.

Attorney Ruggierio: I think this is an EDA loan. We will take into account Mr. Shah's concerns and review it before it is executed by the mayor, but this will give the mayor the authority to execute it.

Councilwoman Panos: I was under the assumption that there was a grant. Is this a mortgage that we are taking out?

Attorney Ruggierio: This is a loan whose repayment is guaranteed by what the EDA calls the financial agreement - they loan us the money; we repay it. In order to give greater security to them on the repayment, we are obligated under the terms of their financing to give them a mortgage on these 500 acres. The town will pay this because it is a lien against the town.

Councilwoman Panos: Do we pay interest on this?

Mr. Azzarello: This matter was brought before this council with full disclosure of the activity in place. We have a $50,000 recoverable grant given to us by the Economic Development Authority of the State of New Jersey for feasibility studies within the development of a redevelopment area. I told you to ensure the recoverable grant, which has a minor interest payment to it, the state said that if you do nothing with this property and took $50,000, there has to be a mechanism whereby the people of the State of New Jersey get this money back. We have property in excess of $2.5 to $3 million just on the assessed valuation of the uplands that could secure $50,000. The state says that we are well protected with the amount of money that the land is worth in order for us to give you the $50,000.

When I brought this forth to this town council, you approved it recognizing that all that needs to be done is it has to be signed. According to Bill (Ruggierio) the council has to ask the mayor to do it.

Attorney Ruggierio: I would not put it like that. The council authorized what we might view as a note (the financing agreement), and now in order to mortgage township property you need a resolution.

Mr. Azzarello: The only two people who can sign are authorized signatories of the community - the Mayor and Township Clerk. This is recoverable at some point when we develop the land. There is no guaranteed time frame. We are not bound by anything. The State of New Jersey does not give the money away to do nothing with it - spend it, and then we get nothing out of it. If you are going to develop the land and go to a redevelopment plan and then RFP, and come with redevelopers and you get $50 million for the property, the state will expect their $50,000 back. That comes out of the money you get for the sale of the property. This is not the EDC; it will be the town government that does this. We would be foolish not to take advantage of that money when we can have the money at a very low interest rate and is recoverable. We would have the use of the money and its get paid back out of the proceeds. It is not different than what an other business does when they secure loans for the purpose of growing their business and paying back out of the proceeds of the business. It is a smart way of doing this. This council authorized that months ago. We have our first invoice against that grant for the services of the planning counsel that we hired. When I contacted the EDA to find out about payment, they said it is all ready for payment; they have the invoice and they need the signatures.

Vice President Redmond: They don't just give you the money. You submit invoices and they pay the invoices.

Mr. Azzarello: We don't put this money in our bank and play with it. We keep sending invoices against services if we have to hire a planner or an environmentalist. We have up to $50,000 of their money. We are protecting it with $2.5 million worth of land. That is a safe bet.

Vice President Redmond opened public portion. Seeing no hands Vice President Redmond closed the public portion.

RESOLUTION NO. 215

AUTHORIZING THE MAYOR AND CLERK TO SIGN MORTGAGE

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

the Mayor and Township Clerk are hereby authorized to execute a mortgage in a form approved by the Township Attorney to secure repayment of the $50,000.00 (fifty thousand dollars) sum heretofore approved to be loaned to the Old Bridge Economic Development Authority under the financing agreement previously authorized by the Township Council.

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

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

NAYS: Councilmen Greene, Councilwoman Panos.

ABSENT: Councilman Hoff.

Councilman Calogera: Our food bank is very low. Some of the items needed are canned fruit, vegetables, jarred spaghetti sauce, soup, instant mashed potatoes, frozen turkey, toiletries, etc.

President Butler: We are also looking for Span, beef stew, coffee, and whatever you can contribute.

Councilman Calogera: Margaret Street is being paved this week, and Bertram, Bruce, Paul and part of Ellen Circle and Ticetown were done today.

This board denied a liquor license to the Breakfast Club, but they did a corporate transfer which went through. One of the problems was the lack of parking spaces. Last weekend I passed there at 11:00 p.m. to notice "valet" parking in Miller School. I was told that they have an agreement with the township. I contacted the Board of Education who confirmed that there was no agreement. I have no problem if an establishment is run well, but the parking is obviously a problem.

Ms. Shepler: Dr. Okun and I spoke about this. The school board has posted signs stating that it is illegal to park there. They asked for vigorous enforcement. I sent a memo to acting chief Cerra requesting that our police department be more than vigilant about getting the cars out of there because the Board of Education will prosecute.

Councilman Testino: I went by Saturday night and the cars were pulling into the synagogue.

Councilwoman Panos: I was there between 10:00 and 10:30 p.m. Saturday night. The police department was ticketing the cars parked in Miller School. Cars were also parked very close to Rt. 516 on Ridge Road. I suggest installing "no parking from here to the corner" signs on Ridge Road. The police officers were very diligent. I would like a bi-weekly report as to how many tickets are being issued and how many complaints are being received.

Councilman Testino: This liquor license is due for renewal in June, and I agree with Councilwoman Panos that we should be ready for that event, and we should have our facts and figures together. They went around us last time. When the renewal comes up, there is going to be some opposition from this end of the podium.

Councilwoman Panos: I would like a report as to how much we pay out (salaries, etc.) to the EDC during the last year and how much the EDC has brought in.

Public comments on any subject matter.

Alicia Rihacik: I reside at 55 Rt. 516 (aka 2 Ridge Road) and am the property manager for 59 and 69 Rt. 516 which is across the street from the Breakfast Club. Since March 20 I have had to deal with sound problems. I have called the police at 1:00 a.m. With my windows shut I can hear loud music. I have incidences where certain individuals from the township have told me that it has been a loud bar for forty years. I don't see why anyone should have to put up with the parking on my property and the drunk and disorderly conduct. I have called the police to ask them to remove the cars from my property, but the police go in and inform the club owners to tell everyone to leave. I want the cars towed, but I need to have a certain something signed by the police department before cars can be towed. What else can the residents do? I am asking that the residents of Rt. 516, Ridge Rd., Southwood Drive, Robin Lane, and Pinetree start calling the police department when you see drunken people walking on Rt. 516. Perhaps we can close this place by June. There was a car accident on the second night of their opening.

Mrs. York: Marsad is being paved and as well as thirty feet on to Charles Street. I have heard that the town is not going to pave Charles Street. We are talking about approximately 700 feet of street. I called Congressman Holt today. He called the commissioner of the DOT who is going to call me tomorrow as to the cost of paving Charles Street. The county owns Marlboro Road; why not give it to the county? I am going to the residents to seek a class action suit. There is an eight inch deep pothole.

Councilman Testino: What would happen if we just paved it?

Councilwoman Panos: There is not a grading problem. The road has to be milled.

Mrs. York: There is not grading problem on Charles Street. I have lived there for fifty years.

Mr. Sumal: In a letter from the DOT dated July 2002 it was stated that the road would be resurfaced. There was to be a jurisdictional award, and I will follow up to determine the status.

Ms. Gurliaccio: We are facing a crisis in the political arena. Trust in elected officials is diminished. I believe that passing a play to pay ordinance puts Old Bridge in the forefront and will let our residents know that we will not tolerate even the slightest hint of impropriety at any level. I urge the council to move this ordinance forward to ensure the confidence of our residents and the integrity of the political process.

Mr. Rao: Appealed to taxpayers to vote to defeat the school board budget.

Mr. Galante: Thanks to Mary Ann Gurliaccio for her presentation on the ADU project. We receive many applications for additions to homes, and our fear is that once we allow that, we have no regulations. We worry about them become two family homes. This takes the concept and gives a break to the residents who need it and puts the regulations into ordinance form so that we may control the situation.

Mr. Pagnotta: Informed the council that the veterans are attempting to have a commemorate stamp named in honor of John Basilione, a war hero

Motion

to postpone the planned Executive Session until one-half our prior to the meeting scheduled for April 28, 2003 made by Councilman Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: Councilmen Calogera, President Butler

ABSENT: Councilman Hoff.

Motion

to adjourn at 11:20 p.m. made by Councilman Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Hoff.

Reginald Butler, President

Rose-Marie Saracino, Township Clerk

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