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OLD BRIDGE TOWNSHIP COUNCIL

COMBINED MEETING

June 9, 2003


A Combined Meeting of the Township Council of the Township of Old Bridge was held on June 9, 2003 in the Municipal Complex. The meeting was called to order at 7:40 p.m. by President Butler.

Moment of Silence.

President Butler requested a moment of silence in remembrance of the troops who are still 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, June 16, 2003 at 7:30 p.m. at the Old Bridge Rotary Senior Housing at One Ticetown Road.

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

RESOLUTION NO. 280A

APPROVAL OF MINUTES

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

the following minutes are hereby approved:

Combined Meeting – April 14, 2003
Agenda Meeting – April 21, 2003
Codification/Regular/Executive Meeting – April 28, 2003

Moved by Councilman Baker, seconded by Councilman Redmond 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.

RESOLUTION NO. 281

BILL LIST

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of 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 June 9, 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 June 9, 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, 515,737.56 (Accounts Payable)

Moved by Councilman Baker, 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.

RESOLUTION NO. 282

BILL LIST

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of 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 June 9, 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 June 9, 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 $728,565.00 (Payroll).

Moved by Councilman Baker, 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.

RESOLUTION NO. 283

BILL LIST
(Denied)

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 May 19, 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 19, 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 $39,907.48 (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, Councilwoman Panos.

ABSENT: Councilmen Hoff, Maher, Testino.

RESOLUTION NO. 284

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 June 9, 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 June 9, 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 $690,927.10 (Payroll).

Moved 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.

RESOLUTION NO. 285

BILL LIST
(Denied)

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 June 9, 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 June 9, 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 $33,973.45 (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, Councilwoman Panos.

ABSENT: Councilmen Hoff, Maher, Testino.

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 May 2003:

DOGS:
2452-2692 1,884.00
2527 replace license 2403 .50

Cats
82-250 1,198.00

LICENSE:
Vending
Amusement

#142-147 Harborside Pub 150.00
Candy - $5.00 each
67-71 LA Vending 25.00
72 Allegro Enterprises 5.00
Soda - $10.00 each
40-45 Parkway Vending 60.00
46 Allegro Enterprises 10.00
47-48 Pegasus 20.00

Limousine
Silver Peak 50.00
Ice Cream
#Little Jimmy’s 25.00
#Stewart’s Ice Cream 25.00
Taxi Service
Ed’s In Town Car Svc 5.00 (Lisa Markavich)

Used Car
#Steinmark Motors 500.00
875.00

LIQUOR LICENSE
Trf application 4.00
1209-33-018-006 Daniel Markow to Crossings @ Old Bridge 378.38
Person to Person and Place to Place

RENEWALS
Liquor License - Renewals
1209-31-038-001 Old Bridge Elks 150.00
1209-31-039-002 Friendly Sons of the Shillelagh 150.00
1209-31-042-001 Old Bridge Lodge 485 150.00
1209-31-046-001 Browntown Columbian Club 150.00
1209-33-001-003 Outback/MidAlantic Joint Venture - Outback 1,891.92
1209-33-002-001 Arkay Bar 1,891.92
1209-33-003-009 The Oblisque Corp - Ticetown Liquors 1,891.92
1209-33-005-009 Murphy’s Bar & Grill 1,891.92
1209-33-006-004 Sayrewood's Liquors 1,891.92
1209-33-007-004 Colonial Oaks Construction 1,891.92
1209-33-009-002 Country Hearth 1,891.92
1209-33-010-008 PCK Enterprises - Buy Rite Liquors 1,891.92
1209-33-011-008 Towne Centre Associates 1,891.92
1209-33-012-005 Pine Tavern Inc 1,891.92
1209-33-016-006 Tre Fratali 1,891.92
1209-33-017-002 Glenwood Country Club 1,891.92
1209-33-019-005 Sarthi Corp 1,891.92
1209-33-021-007 Lacey Inc, 1,891.92
1209-33-022-004 Ruby Tuesday’s 1,891.92
1209-33-023-008 Big Ed’s Bar B Que 1,891.92
1209-33-025-007 NJ Wine & Spirits 1,891.92
1209-33-024-006 HKW Corp - Peapod Rest. 1,891.92
1209-33-027-004 English Pub 1,891.92
1209-33-029-002 The Grand Marquis 1,891.92
1209-33-030-003 R Flynn Enterprises 1,891.92
1209-33-032-005 Briad Restaurant Group - TGI Fridays 1,891.92
1209-33-033-006 Browntown Inn 1,891.92
1209-33-035-005 TMJ Corp - After Dark 1,891.92
1209-33-036-007 Old Bridge Liquors 1,891.92|
1209-44-013-005 Jersey Spirits and Wine 1,655.44
1209-44-014-007 Jersey Wine & Spirits 1,655.44
1209-44-020-006 Dody, Inc. 1,655.44
1209-44-028-004 Liquor City at Old Bridge 1,655.44
1209-44-031-002 Market Boy 1,655.44 56,557.58

Maps
Street Map 5.00

BINGO/RAFFLE
RA60-03 McDivitt PTA 10.00
10.00

PARKING PERMITS
1892-1932 800.00
Replacements - 1895, 1897, 1899, 1906, 1908, 1912, 1914, 1916, 1918, 1919
1931,1932

SEARCH
11 thru 16-2003 60.00

MISCELLANEOUS:
Late Fee - DOGS 920.00
Photocopies - Copies 1,090.37
Reimburse Advertising - Auction-Locomotion 43.12
Reimb for Polling Places 450.00
Reimb Township for School Election 2,189.36
4,692.85

Total: $66,082.93

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.

Preliminary public comments.

Mr. Rao: Addressed the council about the mayor’s executive order on Pay to Play.

Hearing.

1. Mt. Hebron Cemetery - release/reduction performance guarantee.

Mr. Sumal: We recommend a release of the performance guarantee. The cemetery is located on the south side of Cheesequake/Morristown Road. We have inspected the site and find that the work has been done satisfactorily.

Motion

to release the performance guarantee of Mt. Hebron Cemetery moved by Councilman Redmond, 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 Maher, Hoff, Testino.

2. Town Centre - release/reduction of performance guarantee.

Mr. Sumal: Some of the work done has deficiencies. In view of this, we are recommending a 50% reduction of the performance guarantee.

Councilman Calogera: Is the bank being constructed as part of the same project?

Mr. Sumal: That is correct.

Councilman Calogera: Is that a part of this bond?

Mr. Sumal: We have taken that into account.

Councilman Redmond: Right now there’s those orange barrels where the lights are . . . Do we know, do we have a schedule for when that is going to go and those ugly barrels can disappear?

Mr. Heilbrunn: I am advised that the lights are in place. All the concrete is in place, and the only item that remains to be done for the lights to be operational is the striping of the lanes.

Mr. Sumal: There is work to be done on the pavement on Cottrell Road prior to striping.

Mayor Cannon: I have the same concerns. The road improvements are overdue by over a year which has created an extremely hazardous situation. I know the contractor had left for about three or four weeks. They are now back. Is there more work to be done?

Mr. Sumal: As far as the lighting is concerned, the only work left to be done is striping. Before this is done, there is work on the pavement on Cottrell Road to be done.

Mayor Cannon: Before the money is released, I want to see the striping because we have been held hostage for over a year by work that should have been completed early last fall.

Mr. Sumal: They are ready to go.

Councilman Calogera: Where do we stand with the striping? How do we remedy this? Are we going to be doing the striping? Is it the DOT?

Mr. Sumal: The striping is not part of the bond. It is checked by the DOT.

Councilman Redmond: When you say that there are road improvements before they do the striping, they have to do more paving?

Mr. Sumal: There is a section of the pavement near the entrance of the bank which needs to be adjusted.

Councilman Redmond: What about on Rt. 516?

Mr. Sumal: That is okay for striping; we have to do all the striping together.

Councilman Redmond: Do you have a timetable?

Mr. Sumal: The striping is ready to go any day.

Motion

to reduce the performance guarantee of the Town Centre by 50% made by Councilman Calogera, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: Councilman Greene

ABSENT: Councilmen Hoff, Maher, Testino.

3. Commerce Bank - release/reduction performance guarantee - (Postponement Requested).

4. Goddard School - release/reduction performance guarantee - (Postponement Requested).

Mr. Heilbrunn: I am asking for the next available date for the Goddard School and without further notice or publication.

President Butler: We are looking into September, and since this is June, I think they should be re-noticed.

Deputy Clerk Ward: September 22 [the next available date].

Ordinance for Second Reading. Carry to June 16, 2003

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.

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.

Mod to carry to June 16, 2003 made by Councilman Redmond, seconded by C 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: Why does the planning board need to have this? I thought that we spoke about this at a planning board meeting, and I thought that we were in agreement at the planning board level to do this.

Deputy Clerk Ward: We are waiting for a written report from the planning board.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 26-03

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, New Jersey as follows:

SECTION 1: FEES

Section 2. Fees is hereby amended as follows:

5. Registration Fee

A registration fee shall be charged equal to one (1) month’s payment based on the program chosen (i.e.: before school five (5) days a week, registration fee $65.00). If 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.

Section 2. Fees is hereby amended by adding the following:

4. A late tuition payment fee of $10.00 per family if payment is received after the fifteenth (15th) of the month (effective 9/1/03).

SECTION 2: 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 3: PARTIAL INVALIDITY

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

SECTION 4: EFFECTIVE DATE

1. 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.

2. 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.

Moved by Councilman Baker, 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: Councilman Hoff, Maher.

ABSTAIN: Councilman Testino.

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

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 27-03

ORDINANCE AUTHORIZING CONVEYANCE OF LAND FROM TOWNSHIP OF OLD BRIDGE TO VFW POST NO. 9468

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 authorizing the conveyance of certain lands to wit: an area of 1.76 square feet/acres of land owned by the Township of Old Bridge to VFW Post No. 9468. The lands authorized to be conveyed herein are known and described as Block 17007, Lot 4. The conveyance of the property shall be by Quitclaim Deed in a form approved by the township attorney.

Section 2. Authority to Convey Property.

1. The Township Council authorizes the conveyance of 1.76 acres of land located in the Township of Old Bridge to VFW Post No. 9468 and known as Block 17007, Lot 4.

2. The Township Council hereby finds that the said property is no longer needed for municipal purposes, and pursuant to N.J.S.A. 40A:12-21(b) it is being conveyed for the nominal consideration of $10.00 and by agreement with VFW Post No. 9468 to render service or provide facilities for veterans of every way and the general public of the Township of Old Bridge.

3. The land conveyed shall only be used for the purposes of VFW Post No. 9468 and shall not be used for commercial, business, trade, development or manufacture. If the land at any time be no loner used for purposes for which it was conveyed, it shall revert back to the Township of Old Bridge. VFW Post No. 9468 is expressly prohibited from selling the property for purposes of development by private individuals/developers.

4. An access road to the property is encroached by JCP&L land. This access road has been used openly, continuously, notoriously and hostilely for more than 21 years. The Township of Old Bridge will make every effort to quiet title to the access road prior to conveyance but makes no guarantee/warranty of Title re: same. The township’s right to pursue this quiet title action is reserved even after closing on said property.

5. Should the VFW Post No. 9468 cease to operate for the purposes for which it was formed, said property shall revert to the Township of Old Bridge.

6. The reverted and restrictions set forth herein above in paragraphs B, C, and E shall be expressly set forth in the deed.

Section 3. Inconsistent Ordinances.

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

Section 4. Partial Invalidity.

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

Section 5. Effective Date.

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Township Council by delivering it to the Municipal Clerk pursuant to 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 Baker, seconded by Councilman Redmond 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.

Prior to the roll call vote President Butler opened a public portion.

Mr. Curry: I would like to bring to your attention to the fact there has never been a veterans’ home since 1962 on Springfield Avenue. It burned down. This will be the first veterans’ organization with an official post home, and there are a few people who belong to other posts who live in this town. They had to go to other towns to be a part of it, and those towns reaped their benefits. If anyone is thinking of voting “no”, think about the Memorial Day parade. It was nothing. All our veterans are going to other towns. If we had a post home, maybe we would have something better.

Councilwoman Panos: In Section 2-4 it says “that should the VFW post cease to operate for purposes . . . it shall revert to the Township of Old Bridge.” What if they put a building on it? Does it revert to the same price they got it for?

Attorney Rogueries: Part of the contract being made here is that this property is being conveyed for essentially no money, and part of it is that it has to be continually used for the exempt purpose. I don’t think I am letting secrets out when say that veteran’s organizations are suffering because WWII and Korean War veterans were the bulk of these organizations. At some point if the membership gets so thin that they don’t continue it, whatever improvements that have been made will inure to the township when the property is returned to it.

Councilwoman Panos: Gentlemen, you have done this country proud many years ago. Take this property and do it again.

Proclamation - Jaclyn Daya, Junior National Championship Adelaide, Australia.

Whereas, Jaclyn Daya, 17, of Old Bridge Township placed in the top three spots of eight track and swimming events during the Junior National Championships held in Adelaide, Australia from April 11 through April 18 and;

Whereas, Jaclyn, now completing her junior year at Old Bridge High School was one of 30 physically disabled American athletes specially selected to participate in the games and;

Whereas, paralyzed since birth with spinal bifid and unable to move her legs, Jaclyn used an elongated racer track chair for the past four years to practice and compete in running races; and

Whereas, after the most recent competition against athletes of similar ability, Jaclyn has seen her efforts, including endless hours of wheeling her Racer chair around the high school's trace course, come to fruition and;

Whereas, in the track competition, Jaclyn placed first in the 100-meter race and second in the pentathlon which consists of a long-distance run, a short distance run, javelin, shot put and discus. Jaclyn also placed second in the 200-meter, 400-meter and the 1,500 meter races.

Whereas, in swimming, Jaclyn depends completely on her arms and upper body strength placing her second in both the 100 meter free stroke and 100 meter breaststroke swimming competitions. She also placed third in the 50-meter butterfly stroke.

Whereas, more than 400 physically disabled athletes from the United States, Australia, New Zealand and South Africa participated in the games and Jaclyn's next stop is Greece in 2004.

Now, Therefore, I, Barbara L. Cannon, Mayor of Old Bridge Township, Middlesex County, New Jersey, do hereby extend the congratulations of the people of Old Bridge Township to Jaclyn Daya in recognition of her achievements at the Junior National Championship held in Adelaide, Australia from April 11 through April 18, 2003.

Ordinance for First Reading.

1. Removal of Graffiti on public and private property. (Tabled)

Councilman Calogera: When we asked for changes in this, I think one thing was messed up. There was one concern that we need to address that was brought up, but was not changed in the ordinance. I want to table this.

Motion

to table made 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.

Discussion Ordinance/Ordinance for First Reading.

1. Authorizing execution of a network/information technology service agreement between the Township of Old Bridge and Borough of Sayreville.

Mr. Shah: We have successfully implemented our tax and police system. Sayreville needs assistance and is looking to us to provide that assistance. They are using the same software that we are, and there are other areas that we have discussed also. This is a good thing for us, and it speaks highly of our data processing department. I strongly recommend that we go forward with this. After Sayreville’s acting business administrator advised me that their council has agreed to go forward with this and will have to introduce and adopt an ordinance.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 28-03

AN ORDINANCE AUTHORIZING THE EXECUTION OF A NETWORK/INFORMATION TECHNOLOGY ADMINISTRATION
SERVICE AGREEMENT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND THE BOROUGH OF SAYREVILLE

WHEREAS, the Township Council of the Township of Old Bridge and the Borough Council of the Borough of Sayreville wish to enter into an agreement whereby the Township of Old Bridge will provide Network/Information Technology Administration services to the Borough of Sayreville.

NOW, THEREFORE, 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

It is hereby authorized that an interlocal service contract to provide Network/ Information Technology Services be executed with the Borough of Sayreville. Copies of said contract are on file with and open to public inspection at the office of the Clerk of the Township of Old Bridge.

Section 2. 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 3. 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 4. 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 President Butler 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.

2. Bond Ordinance authorizing the establishment of a Golf Utility.

President Butler: I have just been advised that we don’t have a supplemental debt statement.

3. Accepting land from Carmine and Ginharda MaLanga (known as part of Block 16000, Lot 3 - ROW along Old Amboy Road).

Moved by Councilman Redmond, seconded by President Butler. NO VOTE TAKEN

Councilman Greene: I need an explanation of what we are doing and exactly where this piece of property is. It is listed on Old Amboy Road; yet in the backup it just says “Amboy Road”. These are two different locations.

Township Clerk Saracino: Old Amboy Road is by the Elks.

Councilman Greene: If that is the location, why are these people turning the property over to the township?

Attorney Ruggierio: These are dedications required by the planning board, and we accept them in order to have a clear paper trail on our acceptance of dedications on the planning board level.

Councilman Greene: On the last sheet of the back “Amboy Road” is mentioned. Is this a new house?

Attorney Ruggierio: It is some type of an approval at the planning or zoning level.

Mayor Cannon: I am not aware that we have approved anything at the planning board level on Old Amboy Road or Amboy Road.

Councilman Greene: If you don’t mind, let’s table this until we have more information.

Motion

to table made by Councilman Greene, seconded by Councilman Redmond 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.

4. Amending Ordinance No. 22-03 correcting Section 1 which was missing a part of block/lot designation.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 29-03

AN ORDINANCE AMENDING ORDINANCE NO. 22-03 AUTHORIZING LAND SWAP BETWEEN THE TOWNSHIP OF OLD BRIDGE AND THE OLD BRIDGE MUNICIPAL UTILITIES AUTHORITY PART OF LOT 6.12, BLOCK 21000 FOR PARTS OF LOT 67.11 & 79, BLOCK 20000 ON THE TAX MAP OF THE TOWNSHIP OF OLD BRIDGE

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

Section 1. Purpose

Ordinance No. 22-03 is hereby amended to read as follows:

Section 1. Purpose

This ordinance authorizes the transfer of a certain part of lands owned by Old Bridge Township (Part of Lot 67.11 and 79, Block 20000 on the Tax Map of the Township of Old Bridge) to be exchanged with the Old Bridge Municipal Utilities Authority. Statutory authority for such exchange is provided at N.J.S.A. 40A:12-16. In return the Old Bridge Municipal Utilities. Authority will convey part of Lot 6.12, Block 21000 on the Tax Map of the Township of Old Bridge. The lands Township of Old Bridge exchanged are of equal value. The intent of this land swap is to maximize the developmental potential of Township owned lands. This action will render the Township owned lands more valuable in the aggregate.

Section 2. 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 3. 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 4. 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 Baker, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: Councilmen Greene, Councilwoman Panos.

ABSENT: Councilmen Hoff, Maher.

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

Attorney Ruggierio: The body of the ordinance had the correct description, but there was one lot and block missing in the “Purpose” section. We just wanted to fix a typo.

Councilman Calogera: Is this the MUA tower?

Attorney Ruggierio: Yes.

5. Amending township ordinance to allow township employees who are not residents of the Township of Old Bridge o be appointed Special Law Enforcement Officers.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 30-03

ORDINANCE AMENDING TOWNSHIP ORDINANCE CHAPTER 2-14.8 ENTITLED ASPECIAL LAW ENFORCEMENT OFFICERS TO ALLOW
TOWNSHIP EMPLOYEES WHO ARE NOT RESIDENTS OF THE TOWNSHIP OF OLD BRIDGE TO BE APPOINTED SPECIAL LAW ENFORCEMENT OFFICERS


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

Section 1. Purpose

Section 2-14.8f is hereby amended to read as follows:

A. All special law enforcement officers first appointed after January 1, 1987 shall either be residents of Old Bridge or non-resident employees of Old Bridge Township.

Section 2. 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 3. 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 4. Effective Date.

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

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

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

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

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

NAYS: Councilmen Calogera, Redmond, Testino.

ABSENT: Councilmen Hoff, Maher.

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

Councilman Calogera: Is there a shortage of township residents who wish to become special officers? What is the reason for opening this up to out of town people?

Councilman Greene: As the law stands now in order to be appointed to be a special law enforcement officer, you must be a township resident. It came to my attention that a township employee is very interested in becoming a special law enforcement officer. I thought it was very generous of him. I am amending this ordinance specifically to let this individual or any other employee of the township if they would like to become a special law enforcement officer in Old Bridge, it will permit them to do that.

Councilman Calogera: Is there a shortage of township residents wishing to become special law enforcement officers? I appreciate our employees’ vigorous concerns where they may want to serve in this town if they don’t live here. I image they can do that in their own town where they do live, and we can still value them as outstanding employees here during the day. Is there a shortage of residents in Old Bridge looking to become special law enforcement officers?

Capt. Cerra: I don’t know the answer to the questions that you are asking. I can say that we recently opened our own special police academy, and you can have as many as you wish.

Councilman Calogera: Do we presently have anyone from out of town?

Capt. Cerra: You have to be in town.

Councilman Calogera: And we have ample amounts already?

Capt. Cerra: We have forty-three.

Councilman Calogera: We should not open this up to outside other than our own residents. I believe that those employees even though they do service greatly, and I appreciate it, have the opportunity of participating in their own town. I will be voting “no” .

Councilman Greene: There is a possibility that this person lives in a town where there does not exist special law enforcement [officers].

Councilman Calogera: He can become a member of the planning board in his town.

Executive Session (8:17 p.m.)

RESOLUTION NO. 286

AUTHORIZING AN EXECUTIVE SESSION

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

the public be excluded from this meeting pursuant to NJSA 10:4-13 for the discussion of the following matter or matters:

Police Overtime
Cablevision
Purchase of GSA Nike Site

BE IT FURTHER RESOLVED that this meeting shall reconvene in public session in sixty minutes and that the minutes or other record of these discussions shall be available to be disclosed to the public in sixty (60) months unless a sooner date is determined by vote of the governing body at a public session.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilman Calogera.

Combined Meeting resumes at 9:33 p.m.

Consent Agenda.

RESOLUTION NO. 287

AUTHORIZING CANCELLATION OF CDBG MORTGAGE OF KAREN SIMS

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

WHEREAS, a Community Block Development Grant (CDBG) Mortgage was entered into by Karen Sims with the Township of Old Bridge for premises known as 190 Cleveland Avenue, Laurence Harbor, NJ (Block 53, Lot 190); and

WHEREAS, the amount of the CDBG Mortgage was for the amount of $7,440.00; and

WHEREAS, the above-named individual has paid the outstanding amount of the mortgage and is requesting cancellation of said mortgage.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the CDBG Mortgage in the amount of $7,440.00 is hereby canceled. The Township Council authorizes the Mayor and Township Clerk to execute the discharge documents.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilmen Calogera, Councilwoman Panos.

RESOLUTION NO. 288

RESCINDING RESOLUTION NO. 255-03 THE 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:

WHEREAS, the Township Council previously authorized a contract to Schwartz, Sterling
& Associates with regard to the matter Township of Old Bridge vs Woodland Trails in the amount of $10,000.00; and

WHEREAS, the Township Council wishes to rescind the contract with Schwartz, Sterling & Associates.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that Resolution No. 255-03 authorizing the contract with Schwartz, Sterling & Associates and Certification of Funds No. 1135 is hereby rescinded.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilmen Calogera, Councilwoman Panos.

RESOLUTION NO. 289

AUTHORIZING AN EXTENSION OF CONTRACT WITH C.J. GUINEY & ASSOCIATES RE: WOODLAND TRAILS

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

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

WHEREAS, C. J. Guiney & Associates, a licensed New Jersey appraisal firm, is recognized as capable and available to undertake such work; and

WHEREAS, C. J. Guiney & Associates previously prepared an appraisal report with regard to the Woodland Trails property; and

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

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 contracted previously granted to C. J. Guiney & 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 Township 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. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1141 certifying the existence of a sufficient appropriation to fund the said contract.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilmen Calogera, Councilwoman Panos.

RESOLUTION NO. 290

CANCELLATION OF OUTSTANDING CHECKS

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

WHEREAS, there are certain Current Fund Account, Payroll Account checks that have remained outstanding in excess of two years; and

WHEREAS, it is necessary to formally cancel the outstanding checks listed below.

OUTSTANDING CHECKS - CURRENT FUND

DATE ISSUED CHECK NO. AMOUNT VENDOR

02/26/02 603731 $65.00 Danielle Desaro
06/11/02 605004 126.50 Koffee Services
$191.50

OUTSTANDING CHECKS - PAYROLL ACCOUNT

DATE ISSUED CHECK NO. AMOUNT VENDOR

01/00/02 97622 $31.64 Christine Magli
01/00/02 98050 43.40 Jeannine Preston
03/00/02 99155 65.55 Mona Lisa Weber
04/00/02 09972 13.55 Erika Meitzner
05/00/02 101827 190.47 Mary Kurtz
06/00/02 102144 46.12 Despina Mattos
$390.73

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the above listed outstanding checks totaling $582.23 be canceled.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilmen Calogera, Councilwoman Panos.

RESOLUTION NO. 291

GRANTING PERMISSION FOR A BLOCK PARTY EXETER STREET

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

WHEREAS, the residents of Exeter Street have requested permission to close Exeter Street at the intersection of Thomas Street, Hastings Road and Wyre Place for the purpose of a block party to be held on July 19, 2003 (rain date August 9, 2003).

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilmen Calogera, Councilwoman Panos.

RESOLUTION NO. 292

AUTHORIZING REJECTION OF THE BID WITH REGARD TO THE PURCHASE OF TWO POLICE MOTORCYCLES (BID NO. 03-06)

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

WHEREAS, the Township of Old Bridge solicited bids in connection with the purchase of motorcycles for the police department; and

WHEREAS, no bids were received for bid No. 03-02 on January 23, 2003 at 10:00 a.m.; and

WHEREAS, the police motorcycles were re-bid (Bid No. 03-06) on February 21, 2003 at 10:00 a.m.; and

WHEREAS, a bid was received from Mills Harley Davidson Sales; and

WHEREAS, the bid proposal exceeded the estimated cost of the Police Department; and

WHEREAS, the Township Council wishes to reject the only bid received for the purchase of two police motorcycles.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the bid received with respect to the purchase of two police motorcycles is hereby rejected.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilmen Calogera, Councilwoman Panos.

RESOLUTION NO. 293

AUTHORIZING THE NEGOTIATED CONTRACT TO MILLS HARLEY-DAVIDSON SALES FOR TWO (2) 2003 HARLEY DAVIDSON POLICE MOTORCYCLES FOR EVEN TRADE-IN

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

WHEREAS, the Township of Old Bridge on two occasions solicited bids for the purchase of two (2) Harley Davidson 2003 police motorcycles and all bids were rejected; and

WHEREAS, Township of Old Bridge then negotiated a trade-in with Mills Harley Davidson Sales whereby the two (2) 2003 Harley Davidson police motorcycles owned by the Township would be exchanged for two (2) 2003 Harley Davidson police motorcycles at no additional cost to the Township of Old Bridge.

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. Mills Harley Davidson Sales is hereby awarded this negotiated contract for the trade-in of two (2) 2002 Harley Davidson police motorcycles for two (2) 2003 Harley Davidson police motorcycles.

2. No Certification of Availability of Funds is necessary as this is an even trade-in for the motorcycles.

3. Mills Harley Davidson Sales must inspect the 2002 motorcycles prior to trade-in.

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 the Affirmative Action Form AA302 or AA201 or otherwise complying with affirmative action employee information reporting.

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilmen Calogera, Councilwoman Panos.

RESOLUTION NO. 294

AUTHORIZING BUDGET TRANSFER IN THE AMOUNT OF $49,250.00

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

WHEREAS, it has become necessary to expend for various purposes which are specified in the budget, an amount in excess of the respective sums appropriated therefore; and

WHEREAS, there is an excess in certain other appropriations which are specified in the budget which are legally available for transfer; and

WHEREAS, under the provisions of R.S. 40A:4-58 during the last two months of the fiscal year, the governing body has the authority to transfer the amount of such appropriations as may be deemed to be in excess to such appropriations as may require it.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the transfer in the amount of $49,250.00 be made between the current SFY 2003 budget as follows:

General Account
Department From To

Road Dept - Other Expenses $10,000.00
Building & Grounds - Other Expenses $19,000.00
Recycling - Other Expenses $10,000.00
Recreation - Other Expenses $10,000.00
Heating Oil - Other Expenses $250.00
Termination - Salary & Wages $10,000.00
Electricity - Other Expenses $39,250.00
Health - Other Expenses $10,000.00

$49,250.00 $49,250.00

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilmen Calogera, Councilwoman Panos.

RESOLUTION NO. 295

AUTHORIZING THE INSERTION OF AN ITEM OF REVENUE IN THE AMOUNT OF $4,760.00 IN CONNECTION WITH DRUNK DRIVING ENFORCEMENT GRANT

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

WHEREAS, N.J.S.A.40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget;

WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and

WHEREAS, the Township of Old Bridge received $4,760.00 from the Drunk Driving Enforcement Grant and wishes to amend its SFY 2003 Budget to include this additional amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year SFY 2003 in the sum of $4,760.00 which is now available as a revenue from:

Drunk Driving Enforcement Grant

BE IT FURTHER RESOLVED that a like sum of $4,760.00 be and the same is hereby appropriated under the caption of:

Drunk Driving Enforcement Grant

BE IT FURTHER RESOLVED that the Clerk forward three copies of this resolution to the Director of Local Government Services.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilmen Calogera, Councilwoman Panos.

RESOLUTION NO. 296

SUPPORTING A TRIBUTE TO HONOR RETURNING U.S. MILITARY PERSONNEL FROM IRAQ

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

WHEREAS, several Old Bridge residents in service to their county in the United States military have been deployed to the regions of Iraq, Kuwait and the surrounding oceans thereof in connection with Operation Iraqi Freedom; and

WHEREAS, these members of the Army, Navy, Marines, Air Force, National Guard and Coast Guard have served with honor and distinction; and

WHEREAS, the Mayor and the Township Council of the Township of Old Bridge wish to make some special gesture to honor their service.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Old Bridge men and women in the Army, Navy, Marines, Air Force, National Guard who have served in Operation Iraqi Freedom and in support thereof who have recently returned are hereby honored; and

BE IT FURTHER RESOLVED that the Mayor and the Township Council of the Township of Old Bridge hereby extend their utmost gratitude for the bravery an service of these fellow citizens.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilmen Calogera, Councilwoman Panos.

RESOLUTION NO. 297

AUTHORIZING SUBORDINATION OF MORTGAGE FOR PREMISES 48 WEST GREYSTONE ROAD (BLOCK 25002, LOT 7)

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

WHEREAS, the Township of Old Bridge received a mortgage on a certain property in connection with its Community Development Block Grant program; and

WHEREAS, the owner of the said property wishes to refinance the property; and

WHEREAS, a condition of the new financing is the subordination of the existing second mortgage held by the Township of Old Bridge.

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 mortgage in favor of the Township of Old Bridge in the amount of $14,308.00 may be subordinated by an additional $77,000.00 (new mortgage) on property located at 48 West Greystone Road, Old Bridge, New Jersey, Block 25002, Lot 7 assessed to Helen Suchan.

2. The Mayor and Township Clerk are hereby authorized to execute all such documents necessary to give effect to this subordination.

3. Any documents required to effectuate the terms of this authorization shall be approved by the township attorney.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilmen Calogera, Councilwoman Panos.

RESOLUTION NO. 298

AUTHORIZING PAY OUT OF ACCUMULATED TIME TO JOHN REINHARDT

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

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

WHEREAS, due to retirement from his position at the Township of Old Bridge, John Reinhardt is entitled to a pay out of his accumulated time; and

WHEREAS, the Township Council wishes to authorize such pay out.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that a lump sum pay out of accumulated time is hereby authorized to be paid to John Reinhardt in the amount of $10,972.50.

Sick (27.5) $7,837.50
Vacation (11) 3,135.00
TOTAL $10,972.50

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilmen Calogera, Councilwoman Panos.

RESOLUTION NO. 299

SEEKING NON-BINDING VOTE OF APPROVAL FOR BUILDING MORATORIUM

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

WHEREAS, the Township Council of the Township of Old Bridge wishes to initiate a non-binding referendum with respect to whether the Township of Old Bridge should impose a one (1) year moratorium upon building if and when the state legislature authorizes such procedures to be imposed; and

WHEREAS, the request for such referendum question must be formalized.

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 County Clerk of the County of Middlesex, State of New Jersey, is hereby requested to submit the following question to the voters of the Township of Old Bridge at the November 4, 2003 election:

Non-Binding Municipal Question:

If the New Jersey Legislature passes legislation and Governor McGreevey signs legislation which authorizes a building moratorium to be imposed for a period of one year, should the Township of Old Bridge enact an ordinance imposing such moratorium?

2. The Township Clerk is hereby authorized to undertake any and all actions necessary to implement this resolution.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilmen Calogera, Councilwoman Panos.

RESOLUTION NO. 300

GRANTING PERMISSION TO CLIFFWOOD BEACH MOBIL TO HOLD A GRAND OPENING CELEBRATION

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

WHEREAS, Cliffwood Beach Mobil is requesting permission to hold its grand opening promotion on September 12 and 13, 2003;

WHEREAS, Cliffwood Beach Mobil has provided an insurance rider for $1,000,000 liability coverage protecting the Township of Old Bridge.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission is hereby granted to Cliffwood Beach Mobil to hold its grand opening on September 12 and 13, 2003.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilwoman Panos, Councilman Calogera.

RESOLUTION NO. 301

RESCINDING RESOLUTION NO. 187 MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR SOMERSET TIRE SERVICE, INC. (LAND DISTURBANCE/SITE IMPROVEMENTS)

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

WHEREAS, the Township Council wishes to rescind Resolution No. 187 memorializing the release of Land Disturbance/Site Improvement Performance Guarantee for Somerset Tire Service, Inc. for the reason that no maintenance bond was posted.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that Resolution No. 187 memorializing the release of the Land Disturbance/Site Improvements performance guarantee for Somerset Tire Service, Inc. is hereby rescinded.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilmen Calogera, Councilwoman Panos.

RESOLUTION NO. 302

AWARDING PROFESSIONAL SERVICE CONTRACT TO SSI SERVICES, INC. IN RE UPGRADING POLICE RADIO SYSTEM IN AN AMOUNT NOT TO EXCEED $6,000.00

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

WHEREAS, the Township of Old Bridge wishes to enter into a professional service contract with SSI Services, Inc for consulting services with regard to the upgrade to the police radio system; and

WHEREAS, the Township Council wishes to award the contract in an amount not to exceed $6,000.00; and

WHEREAS, SSI Services, Inc. is located at 826 North Lewis Road, Suite 3, Limerick, PA 19468.

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 amount of the contract for consulting services with regard to the upgrade to the police radio system is in an amount not to exceed $6,000.00.

2 The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No.1142 certifying the existence of a sufficient appropriation to fund the said contract.

3 The Mayor and the 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.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilmen Calogera, Councilwoman Panos.

RESOLUTION NO. 303

BINGO/RAFFLE

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

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

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

Old Bridge PTA RA62

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilmen Calogera, Councilwoman Panos.

RESOLUTION NO. 304

MEMORIALIZING MOTION TOWNSHIP COUNCIL (MAY 19. 2003) IN CONNECTION WITH WOODLAND TRAILS AUTHORIZING THE TOWNSHIP ATTORNEY TO CONTINUE NEGOTIATIONS AND REJECTING SETTLEMENT PROPOSAL

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

WHEREAS, the Township Council conducted an Executive Session on May 19, 2003 for the purpose of considering a settlement proposal made by Woodland Trails, Inc. in the matter Township of Old Bridge vs Woodland Trails, Inc., Docket No. MID-L-7342-01; and

WHEREAS, the advice of the Township Attorney was listened to and the various reactions of the Township Council members were solicited; and

WHEREAS, the Township Council has determined that th