Old Bridge Township, New Jersey - May 12, 2003 Minutes

A Regular meeting of the Township Council of the Township of Old Bridge was held on May 12, 2003 in the Municipal Complex. The meeting was called to order by President Butler who asked all present to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places. The next meeting will be May 19, 2003 at 7:30 p.m.

Roll call at 8:25 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Baker, Calogera, Greene, Redmond, Testino, Councilwoman Panos, President Butler. Councilmen Hoff and Maher were absent.

President Butler asked for a moment to be taken for a prayer for the soldiers fighting in the Gulf, so that they may return home safely.

APPROVAL OF MINUTES

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

Resolution #240-03

WHEREAS, the following minutes are hereby approved:

March 10, 2003 - Regular

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

Prior to the vote the following discussion took place.

Councilman Greene: I want to make sure that the minutes from April 21, 2003 are not being approved.

Deputy Clerk Ward: Reggie removed them, that is why he is doing them one at a time.

APPROVAL OF MINUTES

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

Resolution #241-03

WHEREAS, the following minutes are hereby approved:

March 24, 2003 - Combined

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

Bill List

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

RESOLUTION #242-03

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of May 12, 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 May 12, 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 $19,776, 953.88 (General Fund)

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

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

NAYS: None.

ABSENT: Councilman Hoff, Maher.

Bill List

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

RESOLUTION #243-03

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

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

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

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

NAYS: None.

ABSENT: Councilman Hoff, Maher.

Bill List

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

RESOLUTION #244-03

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

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

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, Testino, Councilwoman Panos

ABSENT: Councilman Hoff, Maher.

Prior to the vote the following discussion took place.

Councilman Baker: What happens now that we voted not to approve the police overtime?

Attorney Ruggierio: The overtime has already been incurred and as the Finance Director has indicated before, it has already been paid. I have a memo on this that I will give to council.

Councilman Calogera: My vote is an objection to spending the overtime, whether we have to pay it or not and I will continue to vote against it.

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 April 2003:

DOGS:
2267-2451 1,438.00
2338 replace of license 2188 .50

Cats
2-51 560.00

LICENSE:
Vending
Food - $25.00 each
#6 LA Vending 25.00
Candy - $5.00 each
65-66 LA Vending 10.00
Soda - $10.00 each
36-39 LA Vending 40.00

Limousine
1203-40 Elhalwany 50.00
1203-43 Kravtsov 50.00
1203-55 Freedom Limo 50.00

Ice Cream
#359 Rocco Tango 25.00

Sale of Flowers
#329 Junice 75.00
#331 Sunny Calsetta 150.00

Taxi Service
Ed's In Town Car Svc 75.00 (3 cars)

Hot Dog
#345 Don's Dogs 50.00
#329 Rocha 50.00
#330 Goncalves 50.00
700.00

LIQUOR LICENSE
1209-31-040-001 Madison Park Fire House 150.00
Trf applications 8.00
158.00

Maps
Street Map 5.00

BINGO/RAFFLE
RA52-03 Robertsville PTA 10.00
RA53-03 The Institute for Brain Injured Children 10.00
RA54-03 The Institute for Brain Injured Children 10.00
RA55-03 Cheesequake Baseball Assoc 10.00
RA56-03 McDivitt School 20.00
RA57-03 St. Ambrose 140.00
RA58-03 Old Bridge Soccer 40.00
RA59-03 Most Holy Redeemer Church 10.00
250.00

PARKING PERMITS
1842-1891 1050.00
Replacements - 1850,1854,1860,1872,1875,1881,1887,1888

SEARCH
7 thru 10-2003 40.00

MISCELLANEOUS:
Late Fee - DOGS 620.00
Photocopies - Copies 9.00
Reimburse Advertising (Riporti and Boyce's) - Auction 86.24
715.24

Total: $4,916.74

MOTION

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

Report of the Attorney

Sommer Mediation on property value: This a case that involves a landfill that was operated in the 1950's. We have been litigating this since at least since 1992 and after about seven tries at a settlement, and under Judge Wolfson jurisdiction we are at a point of agreement about this very complicated case. There was a missing piece in the deal and that was that the township would buy the property and then have it available to be sold at the end of the process for the price we paid. This has been a sticking point and we are many millions of dollars apart on this. Judge Epstein has directed that the parties submit to non-binding mediation before Judge Richard Cohen, this will occur in August and we will have to spend money to produce appraisal reports and engineering testimony - At the end the judge will determine what he thinks is the likely value of the property. I hope that you will endorse the idea of mediation.

Cerra vs. Cannon: Captain Cerra of our police department has sued over the promotional issues for the chief of police. The judge has given us a return date on whether or not there will be an injunction entered with respect to some of the Mayor's conduct in connection with the promotion. This is scheduled for the 13th of June. The copy of the order reads "order to show cause with temporary restraints" there are not temporary restraints in this order, the judge crossed them out.

Ewtushek appeal: This was a patrolman that was terminated by the township and has appealed his termination to the superior court of New Jersey.

Old Municipal Building Closing: The closing was supposed to be this week and is being delayed about two weeks.

Nesslage condemnation: The Nesslage's have appealed the decision of the commissioner, which I was surprised at because it was a very generous condemnation award. We concluded that this property was worth $18,000.00 and the commissioners came back with a $50,000.00 amount. I think commissioners tend to be liberal about these things and I think that was a gift to the Nesslage's. We are now facing a trial, where I think that the Nesslage's will see less than $50,000.00. We have a September trial date.

MOTION

Moved by Councilman Baker to accept the report of the attorney, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

Prior to the vote the following discussion took place.

Councilman Testino: Can we get the insurance company to pick up some of the costs for the judge in the Sommer's case?

Attorney Ruggierio: No, the costs are pretty much on our backs. The judges have squeezed almost every nickel out of the insurance companies. The only thing is that we could do is walk away from all the negotiations and then the insurance companies would face some real exposure because they know that they would have to pay serious damages if the case went to trial. I think that it is expected that the township will fund this.

Councilman Testino: All of it, or half with the defendants?

Attorney Ruggierio: Half, I think it is about $4,000.00 for the appraisal reports and $400.00 an hour for the judge's fees.

Councilman Testino: Could you get an estimate in writing for the total cost of this?

Attorney Ruggierio: Yes. There is an item on the agenda at the next meeting to endorse this.

Councilman Testino: In the Cerra vs. Cannon suit, does it mean that there can be an appointment before the date, or is there an agreement not to appoint before then?

Attorney Ruggierio: There is not an agreement to not appoint. It appears that we are just about going to be able to get to the point of reviewing applications submitted at around the June date. I don't think that it is likely that the Mayor would appoint until after June 13th.

Councilman Testino: Will you keep the court appraised of what the mayor's intended schedule is by August 1st.

Attorney Ruggierio: Absolutely. In these cases you want to be concerned about not only what you are able to do legally but also how it will look to the court. My concern would be if we acted precipitously the judge may see us as less than fair players.

Mayor Cannon: I am not halting the process but I agree with Bill that I don't think that I would be in the position of naming anyone before June 13th.

Councilman Redmond: There are two items on the agenda that Bill spoke about (contracts for Sommer and Nesslage). Is this for the appeal?

Attorney Ruggierio: There are the appraisers that did the initial report and now that this case has gone on they have to be funded in order to testify.

GUEST (Added to Agenda during Meeting)

Board of Education - Dr. Okun

President Butler: I would like to thank Dr. Okun for her staff's participation in the "Books for Africa Program" - they contributed about 230 boxes of books.

Dr. Okun: I am speaking on behalf of the Old Bridge Township Board of Education. Tonight the council will be acting on the two defeated budget questions. In January, Mayor Cannon's office advised me that although she was recommending four resource officers be assigned to the secondary schools for the 2003/2004 year, she could not give the district any assurances, the right of assignment rests with the chief of police. There are currently 1,548 students at Old Bridge east, 1,352 at Old Bridge west - The middle schools house 1,229 students and 1,068 respectively. The presence of SRO is not a want; it is a need. The township's cops in the school federal grant expires this year. The only extension received through the Bureau of Justice is to provide additional time to draw down funds from the original 36 month grant. Since the SRO budget proposal was defeated, it has come to our attention that the federal cops hiring grant expects the Township of Old Bridge retain each funded position with state and/or local funds for at least one budget cycle before its termination. We are hopeful that the town council will support this grant requirement for the protection and safety of our secondary students. SRO provide a pro-active approach to dealing with violence and juvenile crime; they are an important component of our secondary crisis management teams and school culture. Especially in these uncertain times, studies have shown that violence and juvenile crimes are significantly reduced as a result of the presence of SRO's. Funding is the right thing to do for our students and community. We respectfully request the council's support and assurances to assigning SRO to each middle school and high school.

Preliminary Public Comments

Robert Sucreto: At the last meeting Mr. Dunlop made statements that I believe were incorrect. He said that Councilman Greene's motivation for asking Mayor's Vas to consider the children of Old Bridge when he considers the parcel of land that we have been trying to purchase for the last two years in front of Mannino Park. Mr. Dunlop said that because we were in two different legislative districts that Mayor Vas does not have a direct effect on the children of Old Bridge. I disagree, he is the Mayor of Perth Amboy and they have a lot of land within the Township of Old Bridge which is being used for our youth. Only a year ago Mayor Vas threatened to charge a large sum in back rent to the Old Bridge Little League and Pop Warner Football teams, both of which play on land owned by Perth Amboy and located in Old Bridge. I think that Councilman Greene was correct in stating publicly that Mayor Vas should consider the children of Old Bridge with respect to this lot.

Patricia Hoerger: I am a resident of Country Living Apartments and I am here with a group of my neighbors, several who have received eviction notices for harboring and housing a dog. The landlord has been aware of the fact that we own dogs and in some instances a dog fee was collected by the landlord. We are looking for help from the council to assist us in this matter.

Mayor Cannon: We have put a call in to Bert Lundberg; the attorney for the rent board to find out what your rights are. If you will leave me all your names and numbers, we will follow up with what we find out.

Assistant Attorney Carol Berlen: Prior to the enaction of the "Anti-Eviction Law" a landlord was allowed to put any restriction that he wanted into a law. After the law was passed the restrictions had to be reasonable. There is nothing specific about pets. However, in a case in 1985 found where a landlord had a no pet clause in the lease and then permitted residents to have pets for a number of years, he was then prohibited from later enforcing it. This is done on a case by case basis.

President Butler: I would think that the pets would be grand-fathered.

Ms. Berlen: There is nothing in the statute with regard to that, but the case law that I have found basically does grandfather in the pets.

Clerk Saracino: There is a provision in our rent stabilization ordinance regarding the fee on dogs.

Councilwoman Panos: I would like the township attorney to send a letter to the landlord, maybe we can act as a bridge for these people.

Attorney Ruggierio: I think that it would have a greater impact coming from the mayor's office. Based on the research that Carol did and if it becomes a contested matter she can give this information to your attorney.

Councilman Testino: In HUD's regulations, they have recognized that pets are a significant part of human's lives and they have been upheld in federal housing regulations. This is recognized in the law. It would be wise to oppose the notices that you have been receiving.

Mr. John Allen: I am a former student of the Old Bridge High School and am here to urge your support of the two defeated public questions. Having these questions defeated by the voters may seem like an unpopular stand to take but I believe that it is the duty of the government to make an unpopular decision because it is in the best interest of the students.

Mr. Louis Valentino: Was the funding that we received for the grants for the SRO to hire additional officers or to reassign officers?

Mayor Cannon: We had to hire four additional officers but they didn't necessarily have to be the ones assigned to the schools, they were assigned by the chief.

Mr. Valentino: Did that grant offset the salaries?

Mayor Cannon: In part - we absorb more and more as each year has gone by.

Mr. Valentino: I want to re-emphasize the need for the officers and counselors in the schools.

Mayor Cannon: I want to clarify that the money put in the budget last year and the money that I will be recommending this year will include continuing to fund those positions. Regardless of funding those positions, the council or myself have no guarantee that those officers will be assigned to the schools because that is at the discretion of the chief. Right now we are funding the four officers but he is only assigning two officers and one substitute.

Councilman Testino: I assume that the new chief will be asked that question before you appoint him.

Mayor Cannon: Yes.

Mr. Ron Betz: I live at 138 Rosewood Drive in Cliffwood Beach and there is a large gang of kids that have destroyed my flood lights and motion cameras on my property. They have thrown rocks at cars and at my wife. I have called the police many times and I am here tonight asking for help because this has been getting out of hand. There needs to be increased patrols.

Mr. Rao: What can be done to reduce the school taxes? Every year my taxes goes up and I would like to know how you will cut the taxes.

Mr. Tom Weiler: I live on Ridge Road and I am here to talk about the parking situation at the Breakfast Club. Two weeks ago I attended a Board of Education meeting and was told that the parking at Miller School is a temporary thing. Has the negotiations with the Temple been finalized?

Councilman Calogera: I spoke to the Rabbi and they have not at this time approved parking in their lot. I do not know if that will go forward, there are a number of concerns.

Mr. Weiler: That will put the ball back in Old Bridge's court.

Councilman Calogera: The ball should have always been in our court, unfortunately our police administration should not interfere when we have ordinances that need to be enforced. Their job is to enforce our ordinances, not come up with subjective opinions of what they can do with situations.

Mr. Weiler: What constitutes a commercial kitchen in Old Bridge?

Councilman Calogera: I believe at the Breakfast club there are two microwaves, two small pizza ovens, a sink, a refrigerator and looking at the architectural drawings and the menu that they were serving, it is my opinion, there was not equipment to constitute a commercial kitchen.

Councilman Testino: The zoning officer disagrees.

Councilwoman Panos: The Breakfast Club was turned down by this council, and he went over our heads and went to the state and got it transferred to a restaurant.

Clerk Saracino: He did a corporate structure change.

Councilwoman Panos: It is a restaurant liquor license which means if there is 67 parking spots, you are allowed 3 people per car - which brings the capacity up to 201 people. What should be the issue here is that this business person did not follow the rules, he is outwardly operating a cabaret - which calls for 2 people per car. I have a problem with this because it is a very unsafe situation.

Councilman Testino: I thought we weren't supposed to be commenting on this.

Councilwoman Panos: This is a week after week issue. That the Acting Chief would make arrangements with anyone is absolutely wrong. The Board of Education is here tonight and I am going to request from them they not allow parking on their facility that allows the Breakfast Club to go over the capacity.

Attorney Ruggierio: We do not want to pre-judge this and we do not want it to appear that way. It would be appropriate for the council to instruct the clerk to tell this license holder to appear before the council before the renewal.

Councilman Testino: I would make that motion.

Councilwoman Panos: I would also like to request that we stop the parking at Miller School. The taxpayers are paying for that school. I am asking the Board of Education to not allow this to continue, it only adds to a situation that is already under question.

Attorney Ruggierio: It may be appropriate for an administration official to contact the school to relate the concerns about the parking. Again we want to give this liquor license holder a fair hearing, we do not want to pre-judge this.

Councilman Testino: I made a motion and Mr. Greene seconded it.

MOTION

by Councilman Testino to request the Breakfast Club come before the council for a hearing on their liquor license, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

Prior to the vote the following discussion took place.

Councilman Baker: I would request that the Clerk put the police department or their spokesman on the next agenda, to answer the questions of the council.

Councilman Testino: I would like the clerk to notify Mr. Weiler of that hearing.

Councilman Calogera: There has been a lack of enforcement at Ridge Road by our police department, for whenever reasons.

Councilman Baker: That is an opinion, not a fact. Do you have it documented? We need to have someone here to respond to that statement.

Councilwoman Panos: It is a fact that the acting chief made arrangements for parking at Miller School.

Councilman Baker: Why do we want to keep taking shots at the police and not letting them have time to respond?

Mr. Keith Fornal: I live at Country Living Apartments and John Bender employs a lot of harassment tactics, such as entering residences any time he pleases. He takes our property. I have a hand written eviction notice that states that I have to be out by June 1st. He has gone into my vehicle without authorization and stolen things and put it in a dumpster.

President Butler: I think that it is illegal for a landlord to enter a residence unless it is an emergency.

Mayor Cannon: If he is entering your vehicle, you should be calling the police. He has no right to do that.

President Butler closed the preliminary public portion.

GUEST SPEAKER

Frank Vento - Cedar Ridge Homeowners Association

Councilman Baker: Mr. Vento will not be here tonight, he would like to be on the next agenda. The residents want to know when the town will take over the roads and what will happen with the recreation complex that is not being built. They want to know dates and time frames.

Mayor Cannon: I know that Mr. Vincenti has contacted the builder and attorney on many occasions to make the application to get the bonds released. Once they are released the township can accept the roads. We cannot do anything as long as the roads are owned by the developer. We are still waiting to hear from them.

Councilman Baker: Whose responsibility is it to get the bond released?

Mayor Cannon: The builder.

Attorney Ruggierio: Typically market forces will compel the developer to request a bond release. I would think that every developer would want a bond release.

Councilman Baker: If the developer never asks for the bond release - whose responsibility is it then?

Attorney Ruggierio: There have been occasions in the past that parallel what you are talking about - Canyon Woods comes to mind and ultimately, the township decided that it would, despite having not received a request for release to accept those roads.

Councilman Baker: When will this happen for Cedar Ridge?

Attorney Ruggierio: The things that are important to the township is to make sure that the things that are covered by the bond are in fact complete, once that occurs I would think a developer would ask for his money back. I believe in this case, these roads were intended to be private and you are asking that the municipality take over the maintenance on these roads, when it was never intended in the first instance. I think that your question is a policy judgment that will need to be debated and see if you are opening up a potential liability to do this in other developments.

Councilman Baker: It appears that you are asking questions and I am looking for answers, can John give us answers? Again, whose responsibility is it to take the next step?

Mr. Vincenti: Under normal circumstances, especially where the roads have been constructed to the townships' specification, we as a township are in no rush to take over those roads and start expending municipal funds for snow plowing and maintaining those roads when the developer is doing that. In this particular situation, these roads were never intended to be municipal roads and they were never intended to be maintained by the township, so there was no onus to have a bond release here and take over the roads and subsequently maintain them. That was never in the plan. Recently it has come to light that the homeowners association would like to have the township take maintenance responsibility, that being the case, it is probably appropriate for us to start pushing the applicant, which we have been doing for about six weeks. For some reason, Mr. Smeltzer (the developer) has not asked for a bond release. I have no date as to when I will be pro-active and place this on the agenda for consideration. I don't see this in the towns best interest to expedite this given this particular set of circumstances. Once we release a bond a two year maintenance bond is put in place and we are protected by that. In this instance, unless we have a compelling reason to move the developer along, we shouldn't move forward.

Councilman Redmond: Is Cedar Ridge a PUD?

Mayor Cannon: I don't remember. I think that they get lighting reimbursement.

Councilman Baker: They get no lighting reimbursement.

Mayor Cannon: They can apply.

Councilman Baker: These people are looking for guidance. I would ask the administration to reach out to the president of the homeowners association to guide them.

PROCLAMATION (GKC)

National Police Memorial Week

The following proclamation was read by Councilman Calogera and Mayor Cannon.

Whereas, the Congress and President of the United States have designated May 15 as Peace Officers' Memorial Day, and the week in which May 15 falls as National Police week; and

Whereas, the members of the law enforcement agency of Old Bridge play an essential
role in safeguarding the rights and freedoms of Old Bridge; and

Whereas, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and

Whereas, the men and women of the law enforcement agency of Old Bridge unceasingly provide a vital public service;

Now, Therefore, I, Mayor Barbara L. Cannon and the Township Council of Old Bridge, call upon all citizens of Old Bridge and upon all patriotic, civic and educational organizations to observe the week of May 11-17, 2003, as Police Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens.

I further call upon all citizens of Old Bridge to observe Thursday, May 15, as Peace Officers' Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes.

In witness thereof, I have hereunto set my hand and caused the Seal of the Old Bridge Township to be affixed.

ANNOUNCEMENT

Announcement of Qualified Bidder New Distribution License

Clerk Saracino: We have one tentative qualified bidder. I received a memo from the police department that the application received from Madhusadhan Pulijaal can be added to the existing list of licensees. However, this is pending results of his fingerprinting. We will open his sealed bid next week.

At this point in the meeting Councilmen Redmond, Testino, Baker, Calogera and Councilwoman Panos left the chamber and there was no quorum.

Military Veterans Returning from the Gulf - Recognition

President Butler: We are asking the public if they know people who are coming back from the gulf please let us know because a recognition affair is being planned for July.

Mayor Cannon: Are we adjourned because there is no quorum? You cannot conduct any business now.

Councilman Testino and Councilman Calogera returned to the dais and the meeting was reconvened.

HEARING - (Attorney has requested postponement).

Release/Reduction Performance Guarantee - Deer Run Estates

President Butler: This is being postponed.

ORDINANCE FOR SECOND READING

ORDINANCE NO. 23-03

ORDINANCE AUTHORIZING ACCEPTANCE OF LAND
Piotr Holowiak (BLK 20000, Lot 60.11)

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

SECTION 1: PURPOSE OF ORDINANCE

This Ordinance is adopted for the primary purpose of accepting an exclusive Conservation Easement in perpetuity (the easement), over, upon and across the property. The purpose of this easement is strictly limited to conservation of the easement premises, pursuant to those existing definitions of the New Jersey Freshwater Wetlands Act and the implementing regulations enacted by the New Jersey Department of Environmental Protection embodied in that certain Statewide General Permit 10A and transition Area Waiver-Averaging Plan dated on, or about October 8, 2002, all as may, from time to time, be amended or modified and upon the terms herein contained, on that certain portion of Lot 60.11, Block 20000.

SECTION 2: ACCEPTANCE OF PROPERTY

The Township of Old Bridge does hereby accept an exclusive Conservation Easement in perpetuity (the easement) over, upon and across the property. The purpose of this easement is strictly limited to conservation of the easement premises, pursuant to those existing definitions of the New Jersey Freshwater Wetlands Act and the implementing regulations enacted by the New Jersey Department of Environmental Protection embodied in that certain Statewide General Permit 10A and transition Area Waiver-Averaging Plan dated on, or about, October 8, 2002, all as may, from time to time, be amended or modified, and upon the terms herein contained, on that certain portion of Lot 60.11, Block 20000.

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

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

SECTION 5: EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-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 by Councilman Testino, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilmen Calogera, Greene, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilman Baker, Councilwoman Panos.

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

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 24-03

ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE PROHIBITING GRAFFITI ON PUBLIC AND PRIVATE PROPERTY

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

SECTION 1: STATEMENT OF PURPOSE.

Whereas, the Township of Old Bridge, New Jersey, hereby finds and declares that graffiti is detrimental to the health, safety and welfare of the community; and

Whereas, there is a perception in the community that the laws protecting public and private property can be disregarded with impunity; and

Whereas, this perception fosters a sense of disrespect of the law that results in an increase of crime, is detrimental to the property values of the community, degrades the community and leads to urban blight and is inconsistent with the Township of Old Bridge's property maintenance goals and aesthetic standards.

A. Graffiti results in visual pollution and is hereby deemed a public nuisance.

B. It is the purpose of this ordinance to provide a mechanism in which individuals may be prosecuted for defacing public and private property.

SECTION 2: DEFINITIONS.

As used in this chapter, the following terms shall have the meanings indicated: TOWNSHIP -- The Township of Old Bridge, New Jersey.

DEFACE -- To cover, mark, write on, paint, color or otherwise mar, disfigure or draw whatsoever on any private or public property of any nature, without the express consent of the owner.

GRAFFITI -- Any form of inscription, word, figure, marking or design that is marked, etched, scratched, drawn down or painted on any building, structure, fixture or other improvement, whether permanent or temporary, including, by way of example only and without limitation, fencing surrounding construction sites, whether public or private, without the consent of the owner of the property, or the owner's authorized agent, which is visible from the private right-of-way.

INDELIBLE MARKER -- Any felt tip marker, China marker or similar device that is not water soluble and which has a flat or angled writing surface 2 inch or greater.

KNOWINGLY -- Includes knowledge or information which a parent should reasonably be expected to have pertaining to the marking of graffiti. It is intended to include and require neglectful or careless parents to maintain a reasonable community standard of parental respectability through an objective test. There shall be no defense of a parent who is indifferent to the activities or conducts of a minor in their custody, when they have knowledge of individual's actions that are not in compliance of this ordinance.

MINOR or JUVENILE -- Used interchangeably and shall mean any person under the age of 17, any person less than 17 years of age or any person who has not celebrated his or her 17th birthday.

OWNER -- The owner of record of the property as set forth in the records of the Tax Assessor for the Township of Old Bridge.

PARENT -- Any person to whom legal custody of a juvenile has been given by court order or is acting in the place of the parent or is responsible for the care and welfare of the juvenile and shall include:

A. Natural or adoptive parents.
B. Legal guardians.
C. A person who stands in loco parentis.
D. A person to whom legal custody has been given by court order.

PUBLIC PLACE -- Any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle use for public transportation, parking lot or any other parking, public building, structure or any municipal parking signs, etc., or area.

SECTION 3: PROHIBITED ACTS.

The following acts are prohibited:

A. No person shall willfully or maliciously damage, deface or vandalize any public or private property by painting, writing, drawing or otherwise inscribing in any fashion graffiti thereon without the express permission or consent of the owner. However, this prohibition shall not apply to easily removable (which are water soluble) chalk markings on public sidewalks or streets, written or drawn in connection with traditional children's games, or in any lawful business or public purpose or activity.

B. It shall be unlawful to aid anyone in defacing public or private property.

C. No person shall possess a spray container or indelible marker in any public place or on any public facility or private property with the intent to use the same to deface said public building, property or private property, absent express permission to the contrary.

SECTION 4: PARENTAL RESPONSIBILITY.

It should be unlawful for a parent as defined in Section 2 of this ordinance having legal custody over a minor to knowingly permit or by inefficient or lack of control to allow such minor in their control to place graffiti on any private or public property as defined in Section 2 of this ordinance.

SECTION 5: ENFORCEMENT.

A. Any minor under the age of 17 years found by a police officer to be in violation of this chapter shall be brought to the nearest police station, where the minor shall be released to his or her parent or guardian. The parent, as defined in Section 2, shall be immediately notified and required to report to police headquarters to procure the juvenile.

B. When a parent immediately called has come to take charge of the juvenile and the appropriate information has been recorded, the juvenile shall be released to the custody of such parent. If a parent cannot be located or fails to take charge of the juvenile, then the juvenile shall be released to the juvenile authorities except to the extent that, in accordance with police regulations promulgated by the Chief of Police, approved in advance for juvenile authorities, the juvenile may temporarily be entrusted to an adult, relative, neighbor or other person who will, on behalf of the parent, assume responsibility for caring for the juvenile pending availability of the parent or guardian.

C. In the case of a first violation by the juvenile, the juvenile and parent shall receive, both in person and by certified mail, a written warning notice from the officer in charge of the police station indicating the circumstances under which the minor was found to be in violation of this chapter.

D. If the minor has been convicted of violating this ordinance on a prior occasion within six months of the date of the present violation, there shall be a presumption that, whenever a minor has been convicted for a violation of this ordinance, the parent or guardian having care of the minor knew or should have known of the minor's violation of this section.

SECTION 6: VIOLATIONS AND PENALTIES

A. Adults who are not parents of offenders as defined in Section 2 of this ordinance. Any adult who violates any of the provisions of this ordinance shall, upon conviction thereof, be punished by one or more of the following penalties:

(1) A fine of not less than $500 and not exceeding $1,000.
(2) Imprisonment not to exceed 90 days.
(3) A period of community service not to exceed 90 days.

B. Juveniles and/or parent violators as defined in Section 4 of this ordinance.

(1) After the receipt of a warning notice pursuant to Section 5 (c) of a first violation by a juvenile, when a second graffiti violation is adjudged against the same minor, the parents of the minor shall be subject to prosecution under this section. Violators of this chapter shall be required to perform community service of a period no to exceed 90 days and may be subject to a fine of not less than $500 but no more than $1,000. Additionally, any parent having the care or custody of a minor found to be in violation of this section, if it is adjudged that both the juvenile and the juvenile's parents violated this Graffiti Ordinance, they shall be required to perform community service together.

(2) If a minor has been found to violate this ordinance twice within a six-month period, the minor shall receive a summons and complaint from the police officer who apprehended the minor for the violation of this ordinance.

(3) If a juvenile is found to be in violation of this chapter on three occasions within six months, then the juvenile as well as the parent having the care and custody of the minor shall receive a summons and complaint for the violation of this ordinance.

(4) Any juvenile who violates any of the provisions of this Graffiti Chapter as contained in Section 3 more than four times shall be reported by the Chief of Police to the juvenile authorities as a juvenile in need of supervision, and the Chief of Police, Township Attorney or their designee may proceed to file such charges with the Superior Court of New Jersey Family Part as he or she may deem appropriate.

(5) In addition to any other penalty imposed by the court, any person convicted of a violation of this chapter may, at the discretion of the Judge of the Municipal Court, be required to pay to the owner of the damaged property monetary restitution in the amount of the pecuniary damage caused by the act of graffiti or, as part of such person's community service, to remove the graffiti from the property.

SECTION 7: REMOVAL OF GRAFFITI.

A. Requirement to remove graffiti. The occupant, lessee, agent and/or landlord of any commercial premises which has any form of graffiti on any building or structure shall be required to either restore the defaced surface by removing the graffiti or repaint the defaced surface within 10 business days after notice to the occupant, lessee, agent and/or landlord by the Chief of Police (or his designee) to remove the same. Any person who shall violate any provision of this article shall be subject to a penalty of ten dollars per day ($10.00/day). Such penalty shall be imposed for each day after the initial 10 business days that such violation thereafter continues. The penalties may be imposed against the owner or lessee, agent and/or landlord wherein such violation occurs or both.

B. Remedy. If said graffiti is not corrected within 30 business days after written notice is issued, then the Township of Old Bridge shall have the right to issue a summons and to enter the premises to remove the graffiti and/or repaint the premises, and the cost of the removal of the graffiti and/or repainting shall be at the sole cost and expense of the occupant, lessee, agent and/or landlord of said building or structure. Pursuant to the provisions of NJSA 40:48-2.12f, or any successor statute, the actual cost of the removal of the graffiti and/or repainting, plus the cost of inspection of said graffiti and/or repainting and other costs incidental to such removal, shall be certified by the Business Administrator to the Township Council and therefor shall be entered as a lien upon the real property upon which the graffiti was found to be placed and shall be added to and become a part of the taxes to be assessed against and levied on the real property, and the same shall be collected and reinforced in the same manner as taxes.

SECTION 8: PAYMENT OF REWARD.

A reward of $250 shall be paid to any person who provides information or assistance leading to the apprehension and conviction of any person violating this ordinance. This reward shall be payable after conviction out of a fund established for this purpose, but no reward shall be paid to any public employee whose duty it is to investigate or enforce this ordinance. This Chief of Police is hereby authorized to grant such reward with the consent of the Municipal Council, and said reward shall only be given upon notification by the Municipal Court that the matter has been adjudicated.

SECTION 9: 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 10: 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 11: 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.

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

AYES: Councilman Calogera, Greene, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilman Baker, Councilwoman Panos.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE No. 25-03

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE
SECTION 10-2 CIRCULATION SYSTEM - SUBPARAGRAPH 4 PROFILE (d) SHOULDERS, CURBS & GUTTERS

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 is adopted for the purpose of establishing a curb type for all local residential streets in the Township of Old Bridge.

Section 2: Authority

This ordinance is issued pursuant to the authority of NJAC 5:21-4.3(e) which permits a municipality to designate a curb type ordinance.

Section 3: Curb Construction

Any project approved for development by the Township Planning Board or Zoning Board of Adjustment, after the effective date of this ordinance, shall comply with the following curb construction requirements. All curbs, where required, shall be granite curb, also known as Belgian Block on all designated local residential streets in the Township of Old Bridge. Construction of granite or Belgian Block curbing shall conform and be in accordance with the current specifications of the Residential Site Improvement Standards, NJAC 5:21-4.17 and as may be modified from time to time.

Section 4. Inconsistent Ordinances.

All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency.

Section 5. Partial Invalidity.

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

Section 6. Effective Date.

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

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

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

AYES: Councilman Calogera, Greene, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilman Baker, Councilwoman Panos.

CONSENT AGENDA

AUTHORIZING LAURENCE HARBOR MEMORIAL DAY PARADE

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

Resolution #245-03

WHEREAS, David W. Merwin, Coordinator, has requested permission to hold an Old Bridge Township Memorial Day Parade on May 26, 2003 (No rain date); and

WHEREAS, the Township Council wishes to endorse and permit a Memorial Day Parade for the Township of Old Bridge; and

WHEREAS, the parade route is as follows:

Assembly at Memorial School at 9:00a.m., proceed down Matawan Road/Laurence Parkway crossing Route 35 and heading up to Shoreland Circle to the Beachfront.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that it hereby grants permission for the Old Bridge Township Parade on May 26, 2003 (No rain date).

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

AYES: Councilman Calogera, Greene, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilman Baker, Councilwoman Panos.

AUTHORIZE LAKERIDGE MEMORIAL DAY PARADE

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

Resolution #246-03

WHEREAS, the Lakeridge Community Association has requested permission to hold a parade on May 24, 2003 (rain date May 25, 2003) ; and

WHEREAS, the Township Council wishes to endorse and permit a parade for the Lakeridge Community Association; and

WHEREAS, a parade route has been submitted to the Township Clerk.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that it hereby grants permission for the Lakeridge Community Association Memorial Day Parade to be held on May 24, 2003 (rain date May 25, 2003).

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

AYES: Councilman Calogera, Greene, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilman Baker, Councilwoman Panos.

MEMORIALIZING CDBG ANNUAL ACTION PLAN FY 2003

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

Resolution #247-03

WHEREAS, a public hearing was held on April 28, 2003 to discuss the Community Development Block Grant (CDBG) Annual Action Plan; and

WHEREAS, the Township Council accepted the CDBG Annual Action Plan.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Community Development Block Grant hearing of April 28, 2003 is hereby memorialized.

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

AYES: Councilman Calogera, Greene, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilman Baker, Councilwoman Panos.

AUTHORIZING LAKERIDGE COMMUNITY TO HOLD 5K FUND RAISING WALK/RUN ON MAY 26, 2003

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

Resolution #248-03

WHEREAS, Lakeridge Community wishes to conduct the 5K Fund Raising Walk/Run

WHEREAS Lakeridge Community wishes to have the run take place on May 26, 2003 at 10:00 a.m. and;

WHEREAS, the route for the run is on file with the Township Clerk.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Lakeridge Community Fund Raising Walk/Run to take place on May 26, 203 at 10:00 a.m. is hereby granted.

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

AYES: Councilman Calogera, Greene, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilman Baker, Councilwoman Panos.

AWARDING CONTRACT TO J.J.G. ENTERPRISES, INC. FOR AIR CONDITIONING IN POLICE BASEMENT

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

Resolution #249-03

WHEREAS, the Township of Old Bridge advertised and received bids for air conditioning improvements to the Police Basement Radio Equipment Room and the Emergency Management Command Center; and

WHEREAS, the Township Council wishes to award the contract for the air conditioning improvements to the Police Basement Communication Equipment room to the lowest responsible bidder; and

WHEREAS, the Township Project Engineer has recommended that the contract be awarded to J.J.G. Enterprises, Inc., located at P.O. Box 299, Spotswood, New Jersey 08884 as they submitted the lowest responsible bid.

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. J.J.G. Enterprises, Inc., is hereby awarded the contract in the amount of $10,203.71 to supply and install supplementary air conditioning in the Police Basement Communication Equipment Room and Emergency Management Command Center.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1134 certifying the existence of a sufficient appropriation to fund the said contract.

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

This Resolution is conditioned upon the following:

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

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

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

D. Compliance by the Vendor with filing of 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 Testino, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilman Calogera, Greene, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilman Baker, Councilwoman Panos.

AUTHORIZING THE PURCHASE OF CARPET FOR THE ASSESSOR'S OFFICE FROM SUITE FLOORING COMPANY

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

Resolution #250-03

WHEREAS, the Township of Old Bridge has received bids to purchase and install new carpet for the Tax Assessor's Office; and

WHEREAS, the Township Project Engineer has recommended that the contract be awarded to Suite Flooring Company, Inc., located at P.O. Box 628, Englishtown, New Jersey 07726 as they submitted the lowest responsible bid.

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. Suite Flooring Company, Inc., is hereby awarded the contract in the amount of $9,500.00 to furnish and install commercial carpet in the Tax Assessor's Office.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1139 certifying the existence of a sufficient appropriation to fund the said contract.

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

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

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

D. Compliance by the Vendor with filing of 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 Testino, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilman Calogera, Greene, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilman Baker, Councilwoman Panos.

RESOLUTION FOR CALENDAR YEAR 2003 RECYCLING TONNAGE GRANT

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

Resolution #251-03

WHEREAS, the Township Council has been made aware that a Mandatory Source Separation and Recycling Act, P.L. 1987, C.102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and

WHEREAS, the New Jersey Department of Environmental Protection is promulgating recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, a resolution authorizing the Township of Old Bridge to apply for such tonnage grants will memorialize the commitment of the Township to recycling and to indicate the assent of the Township of Old Bridge to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township Council hereby endorses the submission of the recycling tonnage grant application of 2003/2004 to The New Jersey Department of Environmental Protection and designates Cindy Bell, Recycling Coordinator, to ensure that the application is properly filed; and

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

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

AYES: Councilman Calogera, Greene, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilman Baker, Councilwoman Panos.

AUTHORIZING THE EXTENSION OF CONTRACT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND SCOTT SMITH, ESQ.

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

Resolution #252-03

WHEREAS, the Legal Department of the Township of Old Bridge has recommended the extension of certain existing contract with attorneys; and

WHEREAS, such action should be memorialized.

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

1. The contract previously granted to Scott smith, Esq., of the firm Smith, Smith & Curley, P.C. for the purpose of assistance to the Legal Department for various legal matters may be extended in the amount of $8,500.00.

2. There will not be a necessity for an additional contract to be provided, as the original contract is presently on file with the Township Clerk's office.

3. The Mayor and Clerk are hereby authorized to execute any documents necessary to extend this contract.

4. Subject to the maximum amount authorized above and as available appropriation, the Director of Law of the Township of Old Bridge may increase the funding of this contract by issuing one or more supplemental purchase orders.

5. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1136 certifying the existence of a sufficient appropriation to fund the said contract.

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

AYES: Councilman Calogera, Greene, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilman Baker, Councilwoman Panos.

AUTHORIZING THE EXTENSION OF CONTRACT BETWEEN THE TOWNSHIP AND MARC DEMBLING, ESQ., OF THE FIRM OF ADDAS, BERLIN, KAPLAN, DEMBLING, BURKE & POTENZA

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

Resolution #253-03

WHEREAS, the Legal Department of the Township of Old Bridge has recommended the extension of certain existing contracts with attorneys; and

WHEREAS, such action should be memorialized.

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

1. The contract previously granted to Marc Dembling, Esq., of the firm of Addas, Berlin, Kaplan, Dembling, Burke & Potensa for the purpose of assistance to the Legal Department in the matter of Sommer vs. Old Bridge may be extended in the amount of $10,000.00.

2. There will not be a necessity for an additional contract to be provided, as the original contract is presently on file with the Township Clerk's office.

3. The Mayor and Clerk are hereby authorized to execute any documents necessary to extend this contract.

5. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1137 certifying the existence of a sufficient appropriation to fund the said contract

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

AYES: Councilman Calogera, Greene, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilman Baker, Councilwoman Panos.

AUTHORIZING AN EXTENSION OF CONTRACT WITH STERN & DRAGOSET RE: TOWNSHIP OF OLD BRIDGE VS. NESSLAGE

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

Resolution #254-03

WHEREAS, the Township of Old Bridge previously required the services of an appraisal firm with regard to the matter Township of Old Bridge vs. Nesslage; and

WHEREAS, Stern & Dragoset, a licensed New Jersey appraisal firm, was and is recognized as capable and available to undertake such work; and

WHEREAS, Stern & Dragoset previously prepared an appraisal report with regard to the Nesslage property; and

WHEREAS, this extension of contract is necessary to cover their fees for testifying at trial in said matter.

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

1. The contract previously granted to Stern & Dragoset for the purpose of testimony in the matter of Township of Old Bridge vs. Nesslage may be extended in the amount of $6,000.00

2. There will not be a necessity for an additional contract to be provided, as the original contract is presently on file with the Township Clerk's Office.

3. The Mayor and Clerk are hereby authorized to execute any documents necessary to extend this contract.

5. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1138 certifying the existence of a sufficient appropriation to fund the said contract.

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

AYES: Councilman Calogera, Greene, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilman Baker, Councilwoman Panos.

AUTHORIZATION AN EXTENSION OF CONTRACT WITH SCHWARTZ, STERLING & ASSOCIATES RE: WOODLAND TRAILS

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

Resolution #255-03

WHEREAS, the Township of Old Bridge previously required the services of an appraisal firm with regard to the matter Township of Old Bridge vs. Woodland Trails; and

WHEREAS, Schwartz, Sterling & Associates, a licensed New Jersey appraisal firm, was and is recognized as capable and available to undertake such work; and

WHEREAS, this extension of contact is necessary to cover their fees for testifying at trail
in said matter.

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

1. The contract previously granted to Schwartz, Sterling & Associates for the purpose of testimony in the matter of Township of Old Bridge vs. Woodland Trails may be extended in the amount of $10,000.00.

2. There will not be a necessity for an additional contract to be provided, as the original contract is presently on file with the Township Clerk's office.

3. The Mayor and Clerk are hereby authorized to execute any documents necessary to extend this contract.

5. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1135 certifying the existence of a sufficient appropriation to fund the said contract.

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

AYES: Councilman Calogera, Greene, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilman Baker, Councilwoman Panos.

AWARDING CONTRACT #03-01 TO PIONEER GENERAL CONTRACTING CO., INC. FOR RESURFACING OF PERRINE ROAD & CHEESEQUAKE ROAD

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

Resolution # 256-03

WHEREAS, the Township of Old Bridge advertised and received bids for Contract #03-01 for the resurfacing of Perrine Road and Cheesequake Road; and

WHEREAS, bids were received and opened on March 27, 2003; and

WHEREAS, the Township Council wishes to award the contract for the resurfacing of Perrine Road and Cheesequake Road to the lowest responsible bidder; and

WHEREAS, the Township Engineer has recommended that the contract be awarded to Pioneer General Contracting Company, Inc., located at 127 William Street, South River, New Jersey 08882, as they submitted the lowest responsible bid.

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. Pioneer General Contracting Company, Inc., is hereby awarded the contract in the amount of $239,645.60 for the resurfacing of Perrine Road and Cheesequake Road.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1128 certifying the existence of a sufficient appropriation to fund the said contract.

3. The award of this contract is subject to the approval of New Jersey Department of Transportation.

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

This Resolution is conditioned upon the following:

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

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

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

D. Compliance by the Vendor with filing of 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 Testino, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilman Calogera, Greene, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilman Baker, Councilwoman Panos.

RESOLUTION RESCINDING RESOLUTION #224 FOR CONTRACT # 03-01 TO PIONEER GENERAL CONTRACTING CO., FOR PERRINE ROAD AND CHEESEQUAKE ROAD RESURFACING

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

Resolution #257-03

WHEREAS, the Township of Old Bridge had previously awarded Contract #03-01 to Pioneer General Contracting Company for Perrine Road and Cheesequake Road resurfacing in the amount of $239,645.60 under Resolution #224; and

WHEREAS, the Township Council wishes to rescind Resolution #224 awarding Contract #03-01 to Pioneer General Contracting Company due to the omission of the condition that the award is subject to N.J.D.O.T.'s approval in said resolution.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that Resolution #224 for Perrine Road and Cheesequake Road Resurfacing awarded to Pioneer General Contracting Company is hereby rescinded.

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

AYES: Councilman Calogera, Greene, Redmond, Testino, President Butler.