OLD BRIDGE TOWNSHIP COUNCIL

COMBINED MEETING

April 14, 2003

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

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 $622,950.23 (Payroll).

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

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 $65,446.46 (Overtime).

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.

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

Moved by Councilman Redmond, seconded by Councilman 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

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 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.

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

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

AYES: Councilmen Baker, Calogera, Greene, 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

Elementary After School

Middle School Before & After School

Combination Before & After School

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

Nine Week Program

Five Week Program

Section 3: Inconsistent Ordinances

All Ordinances or parts of Ordinances inconsistent with or in conflict with this Ordinance are hereby repeated to the extent of such inconsistency.

Section 4: Partial Invalidity

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

Section 5: Effective Date

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

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

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

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 n