Old Bridge Township, New Jersey - August 11, 2003 Minutes

A Combined meeting of the Township Council of the Township of Old Bridge was held on August 11, 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 September 8, 2003 at 7:30 p.m.

Roll call at 7:35 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Greene, Hoff, Redmond, Testino, Councilwoman Panos, President Butler. Councilmen Baker and Calogera were absent. Councilman Maher arrived late.

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

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

APPROVAL OF MINUTES

RESOLUTION #418-03

WHEREAS, the following minutes are hereby approved

June 9, 2003 – Combined
June 16, 2003 – Agenda

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

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

NAYS: None.

ABSTAIN: Councilman Hoff.

ABSENT: Councilmen Baker, Calogera, Maher.

President Butler introduces the new police chief Thomas Collow and asks him to say a few words.

Chief Collow: I would like to thank the Mayor, Council and residents for the support that they have shown me over my first week in the position. I am honored and privileged to be the Chief of this fine police department. My promise and pledge is to always to be here and continue to work to make this the finest police department in New Jersey.

SUPPORTING CHIEF OF POLICE THOMAS H. COLLOW

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

RESOLUTION #419-03

WHEREAS, the Mayor has selected Thomas H. Collow as the new Chief of Police of the Township of Old Bridge; and

WHEREAS, the Township Council wishes to express its heartiest congratulations to the new Police Chief; and

WHEREAS, the adoption of a Resolution to express the Township Council’s good wishes and hope and expectation of a good working relationship is appropriate.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Chief Thomas H. Callow is hereby congratulated on his promotion to the rank of Chief of Police and the Township Council does hereby express its best wishes for his future success; and

BE IT FURTHER RESOLVED, that the Township Council shall endeavor to cooperate to its fullest extent with the new Chief in making the Old Bridge Township Police Department the best Police Department in the State of New Jersey.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

Councilman Greene: I was away on vacation and could not make the swearing in ceremony, but I have been told that it was a very nice ceremony. Some of the comments that I received were that it was a welcome relief. We do have the finest police department in the S5tate of New Jersey, with wonderful police officers. I think that it is great that we now have an opportunity to move politics out of the administration of the police department. I think that it is a disgrace that Captain William Cerra is appealing the court decision, in order to unravel this process. The chief was chosen among candidates that were both captains and lieutenants. Captain Cerra went to court to restrict the selection process initially; and he lost, hopefully he will lose this appeal. We need to keep politics out of the police department, which wasn’t what we had. He may wait until after the election; as you can see in this picture he clearly supports my opponents – he is right behind the banner “Friends of Phillips”. I welcome Chief Collow and the new era in the Old Bridge Police Department.

Councilman Hoff: I want to congratulate Chief Collow, I have heard nothing but good comments this past week.

Councilman Testino: I welcome the new chief and think that we shouldn’t worry about what the rest of the political world is doing.

Councilwoman Panos: I put this resolution on because last Friday when the chief was sworn in – it was the proudest day I have seen in Old Bridge. The Police were there in their “dress blues” and all the fire departments and First Aid Squads. This was the first time that I’ve seen Old Bridge come together with such pride and I know that you will carry that forward. I also hope that Captain Cerra stops wasting the taxpayers money and lets this go. The police department is proud of you, there were over 500 people there on Friday and we are all proud to have you as the new Chief of Police.

Councilman Maher: I would also like to congratulate Chief Collow and I pledge my complete support to the Chief and if I am fortunate enough to serve for the next four years I look forward to working with him and adding some professionalism to the police department.

Mayor Cannon: I would like to thank the council for their support, I am not going to be here next year and I am sure that your pledges of support and kind words mean a lot to the chief. I hope that this means that good things are in store for the future of Old Bridge.

Bill List

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

RESOLUTION #420-03

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 July 28, 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 July 28, 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 $2,688,762.13 (General Fund)

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Bill List

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

RESOLUTION #421-03

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Bill List DENIED

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

RESOLUTION #422-03

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

AYES: Councilmen Redmond, President Butler.

NAYS: Councilmen Greene, Hoff, Maher, Councilwoman Panos.

ABSENT PODIUM: Councilman Testino.

ABSENT: Councilmen Baker, Calogera.

Bill List

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

RESOLUTION #423-03

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 August 11, 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 August 11, 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 $29,972,760.41 (General Fund)

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

Councilman Redmond: Why is there so much of a difference between the two amounts?

Mr. Shah: Most of it is investments. There are also statutory payments to the Board of Ed and the County.

Councilman Maher: Are the recreation trips self sustaining or are we subsidizing these trips?

Mr. Badcock: The ROBIN trips are paid for by grants or parents or the donation account.

Councilman Maher: The amount is $33,000.00, are these trips self-sustaining?

Mr. Badcock: Yes.

Councilwoman Panos: How many children are in the camp program?

Mr. Badcock: 2,000 are registered.

Subsequent to the vote the following discussion took place.

Councilman Redmond: As many of you know I wasn’t at the last meeting because my father passed away. I want to thank the residents and township staff that sent me cards. In particular, I want to thank two police officers and their supervisors; Sergeant Policari and Captain Bonfante, the escort that we had for traffic control was Patrolman Phillips and Jarusiewicz and they made me proud that I was a resident of Old Bridge and this was our police department. Everyone commented about there reverence and the job they did at the funeral. I want to thank them so much.

Bill List

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

RESOLUTION #424-03

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Bill List

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

RESOLUTION #425-03

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

AYES: Councilman Redmond, President Butler.

NAYS: Councilmen Greene, Hoff, Maher, Testino, Councilwoman Panos.

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

Councilwoman Panos: Chief, I understand that you made some personnel changes that might help us with the overtime situation.

Chief Collow: Yes, I have moved some personnel around. I am currently meeting with all my staff and we are looking at ways to take care of this overtime problem.

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 July 2003:

DOGS:
2798-2871 $572.00

Cats
279-297 138.00
replacement# 112 .50

LICENSE:
Limousine
#324 Perfect Limo 50.00

Hot Dog
#365 Don’s Dogs 50.00
100.00

LIQUOR LICENSE

Liquor License - Transfers
1209-33-005-009 Murphy’s Grill to Frank Stella 189.19
1209-33-007-004 Janela to King Sports 378.38
Transfer Application 4.00
571.57

Maps
1 Street Map 5.00

BINGO/RAFFLE
RA63-03 Congregation Beth Ohr 10.00
RA64-03 Old Bridge Elks 500.00 510.00

PARKING PERMITS
1980-2012 525.00
Replacements - 1980,1983,1984,1990,1991,1998, 2000, 2003, 2004, 2009, 2010, 2011
SEARCH
18,19,20-2003 30.00

MISCELLANEOUS:
Late Fee - DOGS 150.00
Late Fee – CATS 55.00
Photocopies - Copies 204.75
Reimb for Replacement Title 25.00
MTV Productions Reimb for Delivery 64.20
498.95

Total: $2,951.02

MOTION

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Report of the Attorney

Attorney Ruggierio: There was a five day trial in the Hallock case and we won that case. The final judgment is being entered by the Judge.

Attorney Ruggierio: We received $307,500.00 from selling the old municipal building on Route 9.

President Butler: There was discussion in the past that when that building was sold that the money would be used for a ward three youth center.

Attorney Ruggierio: We have appraisers at the site for the phase II part of the project at Cliffwood Beach. I will speak to council in executive session about this matter at the next council meeting, assuming that we have preliminary numbers.

I would like an executive session with the Township Engineer in the matter of Pinkiewicz at the next meeting.

We have wrapped up the Cablevision matter and the Judge is now signing the order.

Councilman Hoff: I am grateful about the appraisals at the beachfront. The county has set aside money for this phase of the project. Nothing can be done at the beach until we get those land acquisitions.

Councilman Greene: A resident of Birchwood Senior Housing gave me a flyer requesting complaints on Cablevision be sent to the Township Attorney. Where did this come from? Also, is there still a senior citizen discount available in the new package?

Attorney Ruggierio: Yes, there is a senior discount, but is it means related, so some seniors may not qualify, based on income. I have received a few email complaints. The rate complaints are not within our jurisdiction, there is a rate payer advocate who represents all rate payers. Also we do keep records of all complaints.

Councilman Testino: These people are complaining about the new digital coming in and they have to change the boxes and they are about $10.00 more a month. Isn’t it interesting that this happens just after the stipulations are settled. I would ask that we log the complaint with whoever is keeping these complaints. I have asked Toni DiDonato to send the complaints from her building (Birchwood).

Councilman Greene: At the last meeting I discussed my concerns about a billboard in town and the zoning board’s approval. I asked the attorney to look into this. I asked for minutes and correspondence on this. What is the status of that? After I raised these issues there was a front page article on this in the Star Ledger – there is a financial trail that leads to Old Bridge. There is a list of all the individuals involved and Kiran Desai (Chairman of the Old Bridge Zoning Board) is named. There is a concern that this is “Pay for Play.” I feel that this involved political corruption and because of that the residents of Old Bridge have to look at this monstrous billboard on Route 9 (Councilman Greene displays a photo) It is interesting to me that the billboard is for a developer and that the democratically controlled zoning board approved this billboard. Are the anti developers, really in fact, the developers? I would like the attorney to investigate this approval.

Councilwoman Panos: Is the Economic Development Corporation under the auspices of the Mayor? There was a contract awarded by the Economic Development Corporation to an engineering firm this week, to evaluate the property on Routes 9 & 18.

Deputy Clerk Ward: Which engineering firm?

Councilwoman Panos: I do not want to name the firm. I know that the EDC just awarded the contract, it was in the Suburban.

Attorney Ruggierio: This is a regulation that the Mayor would have issued and she would not have authority to impose this on the EDC.

Councilman Testino: I would like Ms. Panos to know that I asked the question of the engineer when we approved this and there wasn’t one firm that was under consideration, that he could recommend that would meet the mayor’s definition.

Councilwoman Panos: There is not one firm in the whole state.

Councilman Testino: I asked the question, it is in the minutes, you can check it out. If you want quality help – sometimes that regulation prevents it.

Councilwoman Panos: So quality help equates to the amount of the contribution.

Councilman Testino: You are talking about 500 acres – the gem of Old Bridge – you are going to need somebody who knows what they are doing and you need a big firm.

Councilwoman Panos: So we should just forget about the Pay-to-Play law?

Councilman Testino: What Pay to Play law?

Councilwoman Panos: I am asking the township attorney if the EDC is required to follow this law.

Attorney Ruggierio: No.

Councilwoman Panos: Don’t we fund them in the budget?

Attorney Ruggierio: Yes. You can pass an ordinance that would at least make the contribution of money subject to compliance.

Councilwoman Panos: I would like to see how many people up here would be willing to expand the Pay-To-Play law to include the EDC.

Attorney Ruggierio: I would like to respond to Mr. Greene’s request on the billboard issue. I can collect and examine minutes and correspondence and then make an analysis that may jump out at me. I do not really have any authority as township attorney to go off and do an investigation beyond that. The council can authorize me to take voluntary statements from people or the council can conduct a municipal investigation – either way you need to vote as a body on this.

Councilman Greene: I would like to have the attorney get voluntary statements from the members involved in this billboard issue. I would move that resolution.

Councilwoman Panos: I will second that. I will ask my colleagues to please authorize the attorney to do this to send the message that we are all above board.

Councilman Redmond: What is the motion?

Councilman Testino: The motion is for a witch hunt.

Councilwoman Panos: No it is not Mr. Testino it is for…

Councilman Redmond: As Mr. Greene pointed out the Star Ledger is looking in to this and there are numerous other agencies looking into this and now you want to spend the Old Bridge taxpayers money to look into this. What are we looking for here?

Councilwoman Panos: I think that the taxpayers money is being caught up in this anyway.

Councilman Redmond: Are you saying that we spent taxpayer money to build this?

Councilwoman Panos: I am questioning the process.

Councilman Greene: It seems like Mr. Redmond is afraid of an Old Bridge investigation.

Councilman Redmond: I am not afraid of anything. I just think that we come up here every week and we watch you run your campaign from the dais and I am getting tired of it.

Councilman Greene: This is just good government.

Councilman Redmond: What would you know about good government.

President Butler: There is a motion on the floor and we are going to vote on it.

AUTHORIZE THE TOWNSHIP ATTORNEY TO CONDUCT VOLUNTARY INTERVIEWS WITH INDIVIDUALS AND TO OTHERWISE CONDUCT AN INVESTIGATION INTO THE APPROVAL OF A BILL BOARD BY THE ZONING BOARD OF ADJUSTMENT WITH THE TOWNSHIP OF OLD BRIDGE

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

RESOLUTION #426-03

the Township Attorney is hereby authorized to review documents from the Board of Adjustment relating to the approval of billboard displays by the Old Bridge Township Board of Adjustment. The Township Attorney is authorized to take voluntary statements from Board members or any other persons as may be required in connection with this review of Zoning Board of Adjustment activities.

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

AYES: Councilman Greene, Maher, Councilwoman Panos, President Butler.

NAYS: Councilmen Hoff, Redmond, Testino.

ABSENT: Councilmen Baker, Calogera.

During the vote the following roll call took place

Councilman Hoff: Is there a price tag on this?

Attorney Ruggierio: You pay me a salary and no, there is no price tag associated with it.

Councilman Greene: This will be done under your normal duties as Township Attorney.

Councilman Testino: I will wait for the new police chief to issue a report. You are alleging a crime, let him investigate it.

Councilman Greene: What gives the police chief the right to oversee the zoning board?

Councilman Testino: Anyone who commits a crime can be investigated.

MOTION

to accept the report of the attorney by Councilman Greene, seconded by President Butler and so ordered on the following roll call vote:

AYES: Councilmen Greene, Hoff, Maher, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Preliminary Public Comments

Joel Marcus, Foxborough Village: Suggests that flags be put on fire hydrants so that they can be seen during heavy snow storms and so that plows don’t plow over them.

Mayor Cannon: We will check it out because the MUA actually owns them.

Camillo Vitale: Suggests that a referendum be put on the ballot to decide on the municipal golf course.

Seeing no hands President Butler closed the public portion.

PROCLAMATION

India's Independence Day

Whereas, India, the largest democracy consisting of 950 million people, attained her independence from the British in 1947 through a non-violent movement led by Mahatma Gandhi and;

Whereas, India is now celebrating the 56th Anniversary of her independence this year and;

Whereas, both the United States of America and India share many common goals and aspirations as sister democracies working together for the uplifting of their people and having formed long lasting bonds and;

Whereas, the State of New Jersey has the third largest population of immigrants from India in the United States of America and;

Whereas, the County of Middlesex has the largest population of immigrants from India in New Jersey, many of whom have made their home in Old Bridge.

Now, Therefore, I, Barbara L. Cannon, Mayor of Old Bridge Township do hereby recognize the bonds between the people of the United States and India and; in commemoration of the celebration of the 56th Anniversary of India's Independence, do hereby proclaim August 16, 2003 as India Day in Old Bridge Township and will celebrate it in cooperation with the India Cultural Association of Central Jersey by proudly raising the flag of India on this day.

Mr. Kieran Desai: I would like to invite all to the flag raising ceremony on Saturday August 16th in the front of the municipal center.

HEARING

Release/Reduction Performance Bond – Mobil on the Run

Mr. Pinder Sumal: There was one letter received from Mr. & Mrs. Figueira from 2002 which contained six items. Three items relate to traffic and do not concern the bond release. Two items have been rectified and the other complaint was about not maintaining the property behind the station and that has been taken care of. Total performance bond that we are holding is $154,356.60. The engineering department has performed an inspection and we are recommending a release of the performance guarantee, subject to the posting of a two year maintenance bond in the amount $23,153.00.

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

MOTION

to release the performance guarantee subject to the posting of a two year maintenance bond by Councilman Hoff, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

ORDINANCES FOR SECOND READING

ORD. #35-03 Amend Section 6-3.4 Liquor Licensing Fees (Increasing) REQUEST TO TABLE

MOTION

by President Butler, seconded by Councilman Greene to Table Ordinance 35-03 and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

TOWNSHIP OF OLD BRIDGE
Ordinance No. 36-03

An Ordinance of the Township of Old Bridge Amending Commuter Parking Permit Fees

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

Section 1. Commuter Parking Permit Fees by adding section 10-3.8 (w) concerning commuter parking permit fees:

The Code of the Township of Old Bridge us hereby amended to add paragraph 10-3.8 (w) commuter parking permit fees:

The following fees are payable during the current licensing term

Type of License Circumstances Action Required Fee

Replacement – Car Stolen-current Copy of Police
Standard Permit Licensing Term permit report to be provided $5.00
Not returned

Replacement Car Lease Expires Copy of Lease to be $5.00
Standard Permit Same or New Vehicle provided – Licensing
Term Permit must Be returned
Temporary Sticker Rental Car Rental Papers Provided $1.00
30 Days

Temporary Sticker Registration & Insurance Allow 30 days for $1.00
30 Days Old Bridge Address – NJ Driver’s License to
Driver’s License not be Obtained With
Changed yet. Old Bridge Address

Temporary Sticker New Resident – Has not New documents to be $1.00
30 Days Changed to Reflect Old Provided Showing
Bridge Address Old Bridge Address

Temporary Sticker If Person Has Not Submit Paper Work From $1.00
14 Day Extension Passed the Driving Test Division of Motor Vehicles
Showing new Testing Date

Section 2. Savings Clause

The remaining subsections of Section 6-3.4 shall remain in full force and effect.

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 Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 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 Maher, seconded by President Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

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

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE 37-03

BOND ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY
APPROPRIATING THE SUM OF $250,000THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES
OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $238,000;
MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

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

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

Section 2. It is hereby found, determined and declared as follows
a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $250,000; and

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $238,000.

(c) a down payment in the amount of $12,000 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11; and

Section 3. The sum of $238,000, to be raised by the issuance of bonds or bond anticipation notes is hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $238,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $238,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $22,500.

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

A Acquisition of approximately 43 acres of Real Property in the Township located on parts of United States Government Property, generally identified on the Official Township Tax Map as Block 7000, Lots 4.14 and 4.15, and Acquisition of approximately 2 acres of Real Property in the Township for an Easement for Ingress and Egress to State Route 9, together with the completion of all work necessary therefor or related thereto $250,000 $12,000 $238,000 40 years

Section 8. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $238,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 9. Grants or any other funds received from any governmental or private entity will be applied to the payment of, or repayment of obligations issued to finance, the costs of improvements described in Section 7 above.

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

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

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

Section 13. The Township hereby covenants as follows:

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

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

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

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

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

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

Township of Old Bridge
Ordinance No. 38-03

An Ordinance, Amending Section 4-2.7b Noise, Prohibited Acts

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

Section 4-2.7(b) is hereby amended to replace the following sections in their entirety and substitute as follows:

Loading and unloading. Commercial refuse loading and unloading, opening and closing of garbage cans, refuse or similar objects or the pneumatic or pumped loading or unloading of bulk materials in liquid, gaseous, powder or pellet form or the compacting of refuse by persons engaged in the business of scavenging or garbage collection, whether private or municipal, between the hours of 10:00 pm and 4:00 am the following day when the latter is a weekday and between the hours of 10:00 pm and 4:00 am the following day when the latter is a legal holiday or a weekend day, except by permit, when the sound therefrom creates a noise disturbance across a residential real property line except as outlined in paragraph #6 (Amended 10/28/96, Ord 40-96; 1/26/98, Ord 6-98).

Paragraph 4-2.7b(6)

Construction and demolition. Loading and unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquid or similar objects or operating or permitting the operation of any tools or equipment used in construction drilling, earth-moving, excavating or demolition work between the hours of 6:00p.m. ad 7:00a.m. the following day on weekdays, or at any time on the weekends or legal holidays. (Emergency work a variance shall be issued pursuant to Article VIII or when the sound level does not exceed any applicable limit specified in Table I)

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.

Section 4. Effective Date.

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

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

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

AYES: Councilman Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler

NAYS: Councilman Hoff.

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

Councilman Testino: Have we received any feedback on this ordinance?

Councilman Redmond: Can we single out this particular group and tell them that they are not allowed to make noise?

Attorney Ruggierio: I think that you can do it, you are making a legislative decision to single them out, realizing that they have the potential to disturb the residents.

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

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE NO. 39-03

REFUNDING BOND ORDINANCE PROVIDING FOR THE RETIREMENT OF UNFUNDED ACCRUED LIABILITIES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM UNDER AN EARLY RETIREMENT INCENTIVE PROGRAM PREVIOUSLY ADOPTED BY THE TOWNSHIP; AUTHORIZING THE ISSUANCE OF UP TO $675,000 OF TAXABLE REFUNDING BONDS OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, TO FINANCE THE COST THEREOF; MAKING CERTAIN DETERMINATIONS AND COVENANTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

Section 1. The Township of Old Bridge, County of Middlesex, New Jersey ("Township"), is hereby authorized to retire its unfunded accrued liabilities in the Public Employees' Retirement System, under an early retirement incentive program previously adopted by the Township (collectively, the "ERI Pension Fund Liabilities").

Section 2. To effectuate the retirement of the ERI Pension Fund Liabilities, negotiable refunding bonds of the Township are hereby authorized to be issued in an amount not to exceed $675,000 ("Refunding Bonds"), pursuant to the Local Bond Law. The exact principal amount of Refunding Bonds to be issued and terms thereof shall be determined pursuant to a resolution adopted by the Township Council by not less than two-thirds of all the members thereof.

Section 3. An aggregate amount not exceeding $35,000 for the items of expense listed in and permitted by Section 51.b. of the Local Bond Law, N.J.S.A. 40A:2-51.b., has been included in the aggregate principal amount of the Refunding Bonds authorized herein.

Section 4. The purpose of the Refunding Bonds is to retire the ERI Pension Fund Liabilities and to effect an interest cost savings for the Township.

Section 5. Each Refunding Bond authorized herein shall be designated, substantially, "Township of Old Bridge, County of Middlesex, New Jersey, Taxable Refunding Bond, Series 2003" and shall be in the form prescribed and permitted by the Local Bond Law, as Bond Counsel may advise, and as the Township shall approve.

Section 6. The Refunding Bonds may be sold at public or private sale pursuant to a resolution of the Township Council adopted by not less than two-thirds of all the members thereof.

Section 7. A certified copy of this refunding bond ordinance as adopted on first reading has been filed with the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey prior to final adoption, together with a complete statement in the form prescribed by the Director and signed by the Chief Financial Officer of the Township as to the outstanding indebtedness to be refunded by the issuance of the Refunding Bonds.

Section 8. This refunding bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by the Local Bond Law, provided that the consent of the Local Finance Board has been endorsed upon a certified copy of this refunding bond ordinance as finally adopted.

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

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

NAYS: None

ABSENT: Councilmen Baker, Calogera.

This ordinance was ultimately tabled – See page 25

MOTION

to reconsider vote on passage of Ordinance39-03 by Councilman Testino, seconded by Councilman Redmond and so reconsidered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera

Township of Old Bridge
Ordinance No 40-03

An Ordinance Amending Ordinance 25-02 Establishing Fee for Internet Payment By Amending Sections 1 and 2

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

Section 1: Purpose

This ordinance establishes fees to be charged by the Township when accepting payment through the Internet with and without the use of a credit card.

Section 2: Ordinance

A. A fee of one dollar ($1.00) per transaction shall be charged for Internet payments not involving a credit card transaction.

B. A credit card processing fee if between 0-4% per transaction shall be charged by the Township for any payment made to the Township through the Internet by use of a credit card. The actual fee charged shall be subject to the cost of processing charged by the credit card company and administrative charges.

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.

Section 5. Effective Date.

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

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

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

ORDINANCES FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 41-03

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 1/2 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. If the minor has been convicted of violating this ordinance on a prior occasion within one year 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 summons 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 15 calendar 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 twenty dollars per day ($20.00/day) after 30 days, the penalty shall increase to one-hundred dollars per day ($100/day) . Such penalty shall be imposed for each day after the initial 15 calendar 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: 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 9: 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 10: 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 President Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Redmond.

ABSENT PODIUM: Councilwoman Panos.

Ordinance adopting an Athletic Code of Conduct and Coaches Code of Ethics Enforcement Procedure. REMOVED FROM AGENDA – PER PRESIDENT BUTLER

President Butler: I am removing this because we haven’t received any feedback from the coaches.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 42-03

An Ordinance of the Township of Old Bridge
Amending Section 6-3.4 of the Township of Old Bridge to Increase Liquor License Fees

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

SECTION 1: LIQUOR LICENSING FEES AMENDING SECTION 6-3.4 AT SUBSECTION (a) THEREOF CONCERNING LIQUOR LICENSING FEES.

The code of the Township of Old Bridge is hereby amended at Section 6-3.4(a) to increase liquor license fees by twenty percent (20%)

TYPE OF LICENSE PRESENT INCREASE NEW FEE

Consumption $1,891.92 $378.38 $2,270.30
Distribution $1,655.44 331.09 1,986.53
Club 150.00 30.00 180.00

SECTION 2: SAVINGS CLAUSE

The remaining subsections of Section 6-3.4 shall remain in full force and effect.

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

SECTION 5: EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 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 Greene, seconded by Councilman Redmond and so ordered on the following roll call vote

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

TOWNSHIP OF OLD BRIDGE, NEW JERSEY TABLED
ORDINANCE NO. 39-03

Section 4. The purpose of the Refunding Bonds is to retire the ERI Pension Fund Liabilities and to effect an interest cost savings for the Township.

Section 5. Each Refunding Bond authorized herein shall be designated, substantially, "Township of Old Bridge, County of Middlesex, New Jersey, Taxable Refunding Bond, Series 2003" and shall be in the form prescribed and permitted by the Local Bond Law, as Bond Counsel may advise, and as the Township shall approve.

Section 6. The Refunding Bonds may be sold at public or private sale pursuant to a resolution of the Township Council adopted by not less than two-thirds of all the members thereof.

Section 8. This refunding bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by the Local Bond Law, provided that the consent of the Local Finance Board has been endorsed upon a certified copy of this refunding bond ordinance as finally adopted.

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

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

NAYS: None

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

President Butler: Mr. Shah tells me that we need to carry this ordinance because the State has not yet approved this.

DISCUSSION ORDINANCES

Ordinance amending fee schedule of Section 11-1.4 Building & Housing Code. (RC)

Ordinance amending Section 11-1.8 Building & Housing Code to increase inspection fees. (RC)

Mr. Patrick Reardon: These are substantive changes that we are required to update every two years.

Councilman Testino: Does the administration want us to go forward with this?

Ms. Shepler: Yes.

ORDINANCES FOR FIRST READINGS

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 43-03

ORDINANCE AMENDING DEPARTMENT OF CODE ENFORCEMENT UNIFORM CONSTRUCTION CODE

An Ordinance amending Chapter XI, Building and Housing, Section 11-1.4 of the Revised General Ordinances (R.G.O.) of the Township of Old Bridge, County of Middlesex, State of New Jersey.

SECTION 1. Chapter 11 of the Code of the Township of Old Bridge be and hereby amended by deletion of all subsections of Section 11-1.4 in its entirety and replace with the following:

A. Building Subcode Fees.

1. For new construction and additions the fees shall be calculated (by cubic feet)for the building or structure based on the following Use Groups:

a. Use Groups R-1, R-2, R-3, R-4, H - two cents ($0.02).
b. Use Groups A-1, A-2, A-3, A-4, A-5, I-1, I-2, I-3 - two cents ($0.02).
c. Use Groups B, E, F-1, F-2, M, S-1, S-2, U - two cents ($0.02).
d. There will be a minimum fee of $100.00 for new construction permits of 5000 cu. ft. or less.

2. For renovations, alterations and repairs, the fees shall be based on the estimated cost of construction and shall be based on $10.00 per $1,000.00. Fees shall be rounded to the nearest dollar amounts.

3. For a combination of renovations and additions, the sum of the fees shall be computed separately as renovations and alterations.

4. Establishment of fees for installations of:

a. Installation of Swimming Pools and/or Spas: $75.00
aa. Installation of above ground Pools: $35.00
b. Installation of a fence for Swimming Pool $35.00
c. Installation of Wood Burning Stove or Pre-Fabricated Fireplace: $35.00
d. Installation of a Masonry Fireplace: $50.00
e. Installation of Windows: $50.00
f. Installation of Temporary Structures: $35.00
g. Installation of a Wooden Deck ( Use Group R): Under 12 square feet: $35.00. Over 12 square feet: $75.00
h. Satellite (Dish-type) Antennas: $35.00
i. Roof Replacement (Use Group R-3 and R-4): $50.00 With plywood replacement: $85.00 (in multiple family buildings price is per upper floor unit)
j. Commercial Roof Replacement: based on renovation and repair schedule.
k. Installation/replacement of Exterior Siding (Use Group R-3 and R-4): $50.00
l. Demolition of Structure: R-3 - under 5000 sq ft/30 ft height: $35.00 - all others: $130.00 - Interior demolition $35.00
m. Installation of a sign: $1.00/square foot surface area.
n. Installation of Elevator: $100.00/car
o. Asbestos Removal Permit: $35.00
p. Lead abatement: $35.00
q. Fireplace: $35.00
r. Aluminum three season rooms – on existing deck : $10.00 per $1,000.00 - On new deck: $75.00 plus $10.00 per $1,000.00

5. The Training Fee shall be collected at the rate in effect at the time of permit issuance as per N.J.A.C. 5:23-4.19(b).

6. Prototype Processing shall receive a 20% Plan Review Credit.

7. Minimum Building Subcode Fee shall be $35.00

8. Certificate Fees shall be as follows:

a. Certificate of Occupancy (CO): $100.00
b. Certificate of Continued Occupancy (CCO): $100.00
c. Certificate of Clearance (Lead) $50.00
d. Use Group Change: $100.00
e. Annual Permit Fee shall be as specified in N.J.A.C.5:23-4.20(c)5.
f. Variation Application: $150.00 (Building Codes)
g. Temporary Certificate of Occupancy $30.00

9. A Non-Refundable Deposit of $100.00 shall be submitted with all permit applications for new construction, additions or major renovations as per N.J.A.C. 5:23-4.18(a)(1).

B-Plumbing Subcode Fees.

Installations of the following:
a. Water Closet $15.00
b. Urinal/Bidet $15.00
c. Bathtub $15.00
d. Lavatory $15.00
e. Shower $15.00
f. Floor Drain $15.00
g. Sink $15.00
h. Dishwasher $15.00
i. Drink Fountain $15.00
j. Washing Machine $15.00
k. Hose Bib $15.00
l. Gas Piping $20.00/unit
m. Fuel Oil Piping $45.00
n. Steam Boiler $45.00
o. Hot Water Boiler $45.00
p. Water Heater $20.00
q. Sewer Pump $60.00
r. Interceptor $60.00
s. Comm. Backflow $65.00
t. Water cool/AC or refrig. unit $25.00
u. Sewer Connection $75.00
v. Water Service $75.00
w. Active Solar Sys. $50.00
x. Vents/stacks $15.00/vent/stack
y. Lawn Sprinkler Sys. $35.00
z. Water Filter/cond. System $35.00
aa. Sump Pump $15.00
bb. Roof Drains $20.00/drain
cc. Condensate drain $15.00/unit
dd. Medical gas sys. $100.00 flat
ee. Pressure Booster $35.00

1. The Minimum Fee for Plumbing Subcode shall be $15.00.

2. Demolition of a Structure to include capping of sewer and water services is $30.00.

3. Annual permits = fee charged as per current NJAC 5:23-4.20(c)5, State of New Jersey Uniform Construction Code.

4 Installation of Liquid Propane Gas Tanks (LPG) $100.00

5. Annual re-certification of commercial back flow preventers as per NJAC 5:23-2.23(k) $35.00/unit

C. Electrical Subcode Fees

1. Receptacles and Fixtures -- First 25: $45.00 each add'l one: $1.00

2. Motors and Electrical Devices over 1 HP to 10 HP $35.00
up to 50 HP $55.00
up to 100 HP $155.00
larger than above $400.00

3. Transformers and Generators - over 1 KW to 10 KW $35.00
up to 45 KW $55.00
up to 121.5 KW $115.00
larger than above $400.00

4. Service Panels, Entrances and Subpanels
up to 100 amps $45.00
up to 200 amps $75.00
Larger than above $400.00

5. Any installation of any wiring or any voltages operating at 10 volts or more must comply with N.J.S.A. 45:5A et. seq., which is the Electrical Contractors Licensing Act of 1962.

6. For any inspection of any discipline (i.e. Building, Electric, Plumbing, Fire) where violations previously cited have not been abated and the third visit to the premises has been made, there shall be imposed a penalty (as required by the Administrative Code of New Jersey, N.J.A.C. 5:23-2.18 (c) and 2.31(c), equal to the original fee charged for that Subcode but not to exceed $75.00.

7. The following flat fees are hereby established:
a. Annual commercial pool permit $50.00
b. Residential above ground pool permit $45.00
c. Residential in-ground pool permit $125.00
d. Air conditioner over 1 hp $25.00
e. Electrical signs $35.00

8. Annual permits - fee charged as per current NJAC 5:23-4.20 (c)5, State of New Jersey Uniform Construction Code.

9. The minimum fee for Electrical Subcode shall be $35.00.

10.The fee for minor work for the electrical subcode shall be $25.00.

11. Demolition of a structure to terminate electrical service is $35.00

D. Fire Protection Subcode Fees

1. Wet and/or Dry Sprinkler Heads 1-20 $75.00
21-100 $105.00
101-200 $225.00
201-400 $450.00
401-1000 $775.00
over 1000 $800.00

Hydraulic Calculations review/system $50.00
Field fire flow test $50.00

2. Smoke and Heat Detectors 1-5 $35.00
6-10 $45.00
11- 15 $55.00
16 -20 $65.00
21- 25 $75.00
26-30 $85.00
Over 30 $95.00

Manual Pull stations(Each) $15.00
Audible devices (Each) $15.00
Control panel $35.00
Tamper & supervisory switches (Each) $15.00
Fire alarm device changes (Each) $15.00

3. Pre-Engineered Systems
a. Carbon Dioxide (CO2) $90.00
b. Foam Suppression $150.00
c. Wet Chemical $90.00
d. Clean agent $90.00

4 Standpipes $175.00 /riser

5. Kitchen Hood Exhaust Systems $75.00

6. Incinerators and Crematoriums $450.00

7. Gas or Oil fired Appliance $30.00

8. Smoke Control Systems $250.00

9. Underground Fire Mains $50.00

10. Fire Pump (Review & Field Accept.) $195.00

11. Fire Alarm Device changes $15.00/device

12. Flammable or Combustible Liquid Tank Installations:
a. up to 275 gallons $75.00/tank
b. 275 to 1000 gallons $100.00/tank
c. 1000 gallons to 2000 gallon $150.00/tank
d. Over 2000 gallons $260.00/tank
13. Removal or Abandonment of AST or UST $60.00/tank

14. Minimum Fee $30.00

E) Mechanical Fees
a. For the direct replacement of a hot air furnace in residential structures (R-3,R-4) the fee shall be a flat fee of $60.00.
b. Chimney liners $50.00
c. Gas fireplaces $45.00

F. Elevator Subcode Fees
a. Elevator Registration and Fees shall be as per N.J.A.C.5:23, Subchapter 12.

The Township of Old Bridge shall enforce the requirements of N.J.S.A. 45:5A et seq., otherwise known as the Electrical Contractors Licensing Act of 1962, including any and all amendments as enacted.

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

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 44-03

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE MODIFYING THE BUILDINGS AND HOUSING CODE OF THE TOWNSHIP OF OLD BRIDGE CHANGING INSPECTION FEES

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

SECTION 1: AMENDMENT BY SUBSTITUTION OF SECTION 11-1.8 PARAGRAPH A OF THE BUILDINGS AND HOUSING CODE

Section 11-1.8, paragraph A, of the Township of Old Bridge Buildings and Housing Code is hereby stricken to be replaced with a new Section 11-1.8, paragraph A to read as follows:

a. For inspections made after 4:00 pm on normal business days and weekends: two hundred fifty dollars ( $250.00) for inspections up to four hours; three hundred fifty dollars ($350.00) for inspection over four hours.

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

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

Mr. Reardon: This is strictly for overtime fees, if a business needs an inspection on a Saturday, the taxpayers won’t foot the bill.

Councilwoman Panos: Does that include if it is an accident?

Mr. Reardon: That is not covered.

Councilman Testino: We would bill the insurance company.

DISCUSSION ORDINANCE

Ordinance vacating various Right-Of-Ways in order to implement Hovnanian Settlement. (WSR)

Attorney Ruggierio: Mr. Vincenti has given me minor modifications to the descriptions. This is something that we are obligated to do under the settlement that was reached by the township.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 45-03

ORDINANCE AUTHORIZING THE VACATION OF VARIOUS RIGHT OF WAYS IN ORDER TO IMPLEMENT HOVNANIAN SETTLEMENT IN THE MATTER OF K. HOVNANIAN CENTRAL ACQUISITIONS, LLC vs. TOWNSHIP OF OLD BRIDGE, DOCKET #MID-L-5076-01

WHEREAS, A limited portion of several streets need to be vacated in order to conform to the settlement reached in the matter of K. Hovnanian Central Acquisitions, LLC vs. Township of Old Bridge, Docket #MID-L-5076-01; and

WHEREAS, portions of Amy Court, Morris Drive, Nathan Drive and Prest’s Mill Road right of ways are no longer needed for use as a public roadway as a result of road realignments made because of the wetlands;

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

The purpose of this ordinance is to vacate portions of Amy Court, Morris Drive, Nathan Drive and Prest’s Mill Road right of ways which are no longer needed for public use by the Township of Old Bridge in conjunction with the settlement reached in the matter of K. Hovnanian Central Acquisitions, LLC vs. Township of Old Bridge, Docket #MID-L-5076-01

SECTION 2: ORDINANCE

The Township of Old Bridge hereby vacates a portion of Amy Court, Morris Drive, Nathan Drive and Prest’s Mill Road as more fully described in the seven (7) legal descriptions on file with the Township Clerk’s office. The Township of Old Bridge expressly reserves all rights and privileges now possessed by public or private utilities to maintain, repair and replace their existing facilities in, adjacent to, over or under the roadway being vacated including but not limited to gas, water, cable, telephone, electric, sanitary sewers, and any appurtenances and rights of ingress and egress relating thereto.

Within sixty (60) days of the effective date of this Ordinance a certified copy of this Ordinance together with proof of publication and copies of all exhibits shall be filed with the Clerk of Middlesex County for recording.

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

DISCUSSION ORDINANCE

Ordinance Motor Driven Vehicles – Motorized Scooters. (ET)

Councilman Testino: We have some private developments in town that the police cannot go into and do anything about people with no helmets and riding on the streets. This ordinance would mimic the ordinance of East Brunswick. The clerk did some research and got the East Brunswick ordinance for me. I have asked the Chief to look into this activity on the public streets, but he has no authority on the private streets until we pass this ordinance.

Attorney Ruggierio: I thought that this was discussion and not for first reading, I have not prepared an ordinance for introduction.

Councilman Testino: I would ask that we have this on the agenda for first reading at the next meeting.

CONSENT AGENDA

President Butler opened the public portion for the Consent Agenda. Seeing no hands President Butler closed the public portion.

BINGO/RAFFLE

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

RESOLUTION #427-03

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 applicants, the following licenses:

RA 63-03 Temple Beth Ohr
RA 64-03 Old Bridge Elks #2229

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

BLOCK PARTY – CINDY STREET

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

RESOLUTION #428-03

WHEREAS, the residents of Cindy Street have requested permission to close at the intersection of Hastings Road and Calvin Court for the purpose of a block party to be held on September 16, 2003 (rain date- none).

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:

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents’ vehicles as well as other vehicles.

3. 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. Cars and/or trucks may not be used to block off any streets

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

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

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

RESOLUTION MEMORIALIZING DENIAL OF A 2.9% RENT INCREASE

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

RESOLUTION #429-03

WHEREAS, the Fair Rent Committee has made a recommendation to the Township Council that the yearly 2% rent increase by landlords to tenants be increased to 2.9%; and

WHEREAS, the Township Council wishes to memorialize their denial of a 2.9% rent increase and hold the yearly increase to 2.% as in previous years.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the request to increase the yearly rent increase of 2.9% by the landlords is hereby denied.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

CANCEL REAL ESTATE TAXES Block 2150.45, Lot 415

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

RESOLUTION #430-03

WHEREAS, the following property has erroneously billed real estate taxes because two added assessments were billed for the same period of time; and

WHEREAS, these taxes need to be canceled of record to correct the Tax Collector’s property accounts.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Tax Collector is hereby authorized to make the appropriate cancellations and adjustments as described herein and to cancel any relevant accrued interest.

BLOCK LOT LOCATION ADJUSTMENT REASON
2150.45 415 32 Catherine Court $3,137.20 Duplicate Added
Assessment Billing

BE IT FURTHER RESOLVED by the Township Council of the Township of Old Bridge that a refund of $3,137.20 plus $23.04 in interest is made to the owner, Mandar Deshmukh.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

OPPOSING SENATE BILL NO 2516 PROHIBITING USE OF SCHOOLS AS POLLING PLACES

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

RESOLUTION #431-03

WHEREAS, Senate Bill No 2516 was introduced on May 15, 2003; and if adopted would prohibit use of schools as polling places in any election; and

WHEREAS, currently N.J.S.A 19-8.2 and N.J.S.A. 19-8.3 permit use of schoolhouses and other public buildings as polling places, and the proposed S-2516 would amend these statutes to specifically prohibit use of schoolhouses from such use; and

WHEREAS, it would be a severe hardship upon Old Bridge Township if such a bill were adopted , since the Township currently uses Old Bridge High East, Old Bridge High West, Cheesequake School, Madison Park School, Alan B. Shepard School, Memorial School, Voorhees School, Southwood School, M. Scott Carpenter School, John H. Glenn Jr. School, Walter M. Schirra Jr. School and James McDivitt School as polling places as they are convenient to voters and accessible to the disabled; and

WHEREAS, it is extremely difficult to locate polling places that meet the requirements, as well as all of the requirements of State law for polling places; and

WHEREAS, if Senate Bill No 2516 is adopted, and the Township cannot use schools as polling places, then the Township’s polling places, which accommodate 34 of the 46 districts in Old Bridge, would be eliminated completely; and

WHEREAS, there is no reason given in the bill by the sponsor as to what it is intended to address, yet the tremendous hardship that will be imposed by passage of this bill would be severe in Old Bridge, and could result in the overcrowding of a small number of polling places, an inability of residents to conveniently cast their ballots and an extreme difficulty for residents of Old Bridge to exercise their constitutional right to vote; and

WHEREAS, if the location of polling places is not convenient to voters, and handicapped accessible, there will be a severe drop-off in voter participation in all elections, especially in school and primary elections, which already have historically low voter turnout; and

WHEREAS, elimination of schools as permissible polling places would impose a financial burden on the Township in relocating these polling places, causing in essence an unfunded mandate by the State of New Jersey, for which the Township would look to the State to reimburse it for such increased costs.

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

1. The Township Council hereby strongly opposes passage of S-2516, which would prohibit use of schools as polling places in any election and urges its elected representatives to oppose same.

2. A certified copy of this Resolution be forwarded to Governor James McGreevey, Senator Joseph A. Palaia, sponsor of Senate Bill 2516, Senator Joseph M. Kyrillos, Assemblyman Joseph Azzolina, Assemblyman Samuel D. Thompson, legislative representatives for the Township of Old Bridge, all members of the Senate State Government Committee, all municipalities in the County of Middlesex and the New Jersey State League of Municipalities.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

RESOLUTION AUTHORIZING THE EXTENSION OF THE CONTRACT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND LEON AVAKIAN FOR DISBROW ROAD

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

RESOLUTION #432-03

WHEREAS, the Engineering Department of the Township of Old Bridge has recommended the extension of contract with Leon Avakin to provide field surveying and engineering design services for Disbrow Road in the amount of $8,700.00

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 extension of contract previously granted to Leon Avakin for the purpose of providing field surveying and engineering design services for Disbrow Road in the amount of $8,700.00

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1161 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.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH HARRY HAUSHALTER, ESQ. FOR SPECIAL TAX COUNSEL

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

RESOLUTION #433-03

WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of representation of the Township in connection with tax appeals; and

WHEREAS, Harry Haushalter, Esq. a licensed New Jersey Attorney, who is recognized and capable and available to undertake such work; and

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 for professional services is authorized to be entered with Harry Haushalter, Esq. to provide legal services at a rate of $125.00 per hour, plus cost and expenses not to exceed the sum of $50,000.00 for a twelve (12) month period.

2. The scope of the work to be performed by attorney Harry Haushalter, Esq. shall be representation to the Township in special tax appeals.

3. This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds #1160 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY04
CERT NO. 1160
AMOUNT $50,000.00

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

4. This is a contract for professional services and according to New Jersey Public Contract Law the Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: legal representation for special tax counsel. 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 Certification 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 AA301, 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 Hoff, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

RESOLUTION MEMORIALIZING TELEPHONE VOTE OF THE COUNCIL – BARTON ROAD BLOCK PARTY

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

RESOLUTION #434-03

WHEREAS, residents of Barton Road wish to have a block party on August 9, 2003 – with a rain date of August 10, 2003; and

WHEREAS, the request for the block party was received in the Township Clerk’s office on July 22, 2003; and

WHEREAS, the Township Council will not hold another Council meeting before August 11, 2003, it is necessary to poll the council for approval for the Barton Road block party; and

WHEREAS, a telephone vote of the Township Council was conducted July 22, 2003 and five affirmative votes were recorded; and

WHEREAS, permission was granted by the Township Council along with permission from the Old Bridge Police Department and Fire District #3.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Telephone vote of July 22, 2003 granting permission for Barton Road to hold their block party on August 9, 2003, (Rain date August 10, 2003) is hereby memorialized.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

BLOCK PARTY – GRAMERCY ROAD

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

RESOLUTION #435-03

WHEREAS, the residents of Gramercy Road have requested permission to close Worth Place & Cindy Street Intersection ) for the purpose of a block party to be held on August 16, 2003 (Rain date – August 30, 2003)

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents’ vehicles as well as other vehicles.

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

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

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

RESOLUTION AUTHORIZING CONTRACT WITH LINDA WILLS FOR PROFESSIONAL SERVICES RELATING TO CDBG 2002 CAPER

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

RESOLUTION #436-03

WHEREAS, the Township of Old Bridge requires professional services to prepare its Consolidated Annual Performance and Evaluation Report (CAPER) required under the federal Community Development Block Grant (CDBG) program; and

WHEREAS, Linda Wills, is a licensed New Jersey planning consultant who is recognized and capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with Linda Wills, located at 87B Traphagen Road, Wayne, NJ 07470 for purposes of preparing the aforesaid services relating to CDBG 2002 CAPER

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

1. A contract for professional services is authorized to be entered with Linda Wills in the amount of $3,000.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1168 certifying the existence of a sufficient appropriation to fund the said contract.

This Resolution is conditioned upon the following:

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

B. Issuance of a Certification 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 AA301, 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 Hoff, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

CANCEL REAL ESTATE TAXES VETERAN NORBERT OSBOURNE

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

RESOLUTION #437-03

WHEREAS, N.J.S.A 54:4-3.30et.seq authorizes an exemption from local property taxation the property of any veteran who has been declared by the United States Veterans Administration to be 100% disabled as of the date of same; and

WHEREAS, Norbert Osbourne, who owns and resides at 262 Cindy Street, also known as Block 15584, Lot 599, has filed for the above mentioned exemption with the Tax Assessor, and

WHEREAS, Norbert Osbourne was declared a 100% disabled veteran on August 14, 2001, a copy of said declaration being filed with the Tax Assessor, and has owned the above mentioned property since May 10,1996.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Tax Collector be hereby authorized to cancel the appropriate portion of the 2003 calendar year taxes billed on the above referenced property.

Levy Amount to be Cancelled

2003 $2,871.56

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

RESOLUTION AUTHORIZING CANCELLATION OF CDBG MORTGAGE OF PHILLIP AND LOUISE OUELLETTE

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

RESOLUTION #438-03

WHEREAS, a Community Block Development Grant (CDBG) Mortgage was entered into by Phillip and Louise Ouellette with the Township of Old Bridge for premises known as 349 Shoreland Circle, Laurence Harbor, New Jersey; and

WHEREAS, the amount of the CDBG Mortgage was for the amount of $4,633.00; 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 $4,633.00 is hereby cancelled. The Township Council authorizes the Mayor and Clerk to execute the discharge documents.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH JEROME J. CONVERY, ESQ. FOR LEGAL REPRESENTATION OF THE TOWNSHIP ZONING BOARD OF ADJUSTMENT IN REGARD TO THE MATTER OF JERALD DEVELOPMENT GROUP, INC VS, OLD BRIDGE ZONING BOARD OF ADJUSTMENT

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

RESOLUTION #439-03

WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of legal assistance in connection with the representation of the Township of Old Bridge Zoning Board of Adjustment in regard to the matter known as Jerald Development Group, Inc. vs. Old Bridge Township Zoning Board of Adjustment; and

WHEREAS, Jerome Convery, Esq. a licensed New Jersey Attorney, is recognized ad capable and available to undertake such work; and

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 for professional services is authorized to be entered with Jerome Convery, Esq. to provide legal services at a rate of $125.00 per hour, plus cost and expenses not to exceed the sum of $5,000.00 without further authorization of the board.

2. The scope of the work to be performed by attorney Jerome Convery, Esq. shall be representation of the Zoning Board of Adjustment in the matter of Jerald Development Group, Inc. vs. Old Bridge Township Zoning Board of Adjustment.

3. This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds #1163 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY04
CERT NO. 1163
AMOUNT $5,000.00

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 Certification 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 AA301, 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 Hoff, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

AWARDING CONTRACT #03-17 TO RODIO TRACTOR SALES FOR THE PURCHASE OF A TRUCK MOUNTED BOOM MOWER

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

RESOLUTION #440-03

WHEREAS, the Township of Old Bridge advertised and received bids for Contract 03-17 for a truck mounted boom mower with 50” heavy duty rotary cutter head; and

WHEREAS, the Director of Public Works has recommended that the contract be awarded to Rodeo Tractor Sales, located at 717 Whitehorse Pike, Hammonton, NJ, 08037, as the bid came in at $94,985.00 which is approximately what was expected and was bonded for.

WHEREAS, the Township Council wishes to award the contract for the truck mounted boom mower to Rodeo Tractor Sales.

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. Rodeo Tractor Sales is hereby awarded the contract in the amount of $94,985.00 for a truck mounted boom mower with 50” heavy duty rotary cutter.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1162 certifying the existence of a sufficient appropriation to fund the said contract.

This Resolution is conditioned upon the following:

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

B. Issuance of a Certification 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 AA301, 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 Hoff, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

AUTHORIZING THE EXTENSION OF THE CONTRACT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND CME ASSOCIATES FOR ADDITIONAL SOIL SAMPLE AT WOODLAND TRAILS SITE

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

RESOLUTION #441-03

WHEREAS, the Township previously entered into a contract with CME Associates for professional services with regard to soil testing at the Woodland Trails site; and

WHEREAS, an extension to the contract with CME Associates is requested in the amount of $8,210.00 for additional soil sampling at the Woodland Trails site; and

WHEREAS, the Township Council wishes to extend the contract in the amount of $8,210.00.

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

1. The amount of the contract for professional services with CME Associates in regard to additional soil sampling at the Woodland Trails site is extended in the amount of $8,210.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1165 certifying the existence of a sufficient appropriation to fund the said contract

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

BLOCK PARTY – ELAINE COURT

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

RESOLUTION #442-03

WHEREAS, the residents of Elaine Court have requested permission to close Hastings Road & Calvin Court Intersection ) for the purpose of a block party to be held on September 6, 2003 (Rain date – September 7, 2003)

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents’ vehicles as well as other vehicles.

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

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

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

SFY 2003 BUDGET TRANSFER

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

RESOLUTION #443-03

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, County of Middlesex, State of New Jersey that the transfer in the amount of $22,500 be made between the Current SFY 2004 Reserve Budget as follows:

General Account
Department From To
Gasoline – Other Expenses $15,000.00
Recycling – Other Expenses $7,500.00
Group Insurance – Other Expenses $22,500.00
$22,500.00 $22,500.00

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

RESOLUTION TO ACCEPT MOTOROLA MAINTENANCE CONTRACT #215002895 FOR THE OLD BRIDGE TOWNSHIP POLICE DEPARTMENT

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

RESOLUTION #444-03

WHEREAS, the Township of Old Bridge Police Department has previously entered into a contract with Motorola Communications Enterprises for communications equipment; and

WHEREAS, the Township of Old Bridge Police Department wishes to enter into a maintenance contract #215002895 with Motorola from July 1, 2003 to June 30, 2004 in the amount of $62,175.72.

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 acceptance of the Motorola Contract #215002895 from July 1, 2003 to June 30, 2004 in the amount of $62,175.72.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1166 certifying the existence of a sufficient appropriation to fund the said contract

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

RESOLUTION AUTHORIZING CONTRACT WITH VITAL COMPUTER RESOURCES, INC FOR MOD IV ASSESSMENT/APPRAISAL COMPUTER SERVICES FOR THE TAX ASSESSMENT DEPARTMENT

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

RESOLUTION #445-03

WHEREAS, the Township of Old Bridge requires the services of MOD IV Assessment/Appraisal Computer Services for the Tax Assessment Department; and

WHEREAS, Vital Computer Resources, Inc, located at 900 South Broad Street, Trenton, NJ 08611 is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with Vital Computer Resources, Inc for purposes of providing the aforesaid computer services for Tax Assessment Department from July 1, 2003 to June 30, 2004.

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

1. A contract for professional services is authorized to be entered with Vital Computer Resources, Inc. in and amount not to exceed $30,600.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1167 certifying the existence of a sufficient appropriation to fund the said contract.

This Resolution is conditioned upon the following:

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

B. Issuance of a Certification 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 AA301, 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 Hoff, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

BLOCK PARTY – DICKERSON LANE

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

RESOLUTION #446-03

WHEREAS, the residents of Dickerson Lane have requested permission to close Cannon Road & Mapleton Road Intersection ) for the purpose of a block party to be held on September 6, 2003 (Rain date – September 13, 2003)

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents’ vehicles as well as other vehicles.

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

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

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

BLOCK PARTY – Balmoral Lane

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

RESOLUTION #447-03

WHEREAS, the residents of Balmoral Lane have requested permission to close Balmoral Lane Intersection ) for the purpose of a block party to be held on September 6, 2003 (Rain date – September 13, 2003)

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents’ vehicles as well as other vehicles.

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant.

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

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

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

RESOLUTION SUPPORTING CONTINUATION OF THE “PROPERTY TAX REIMBURSEMENT PROGRAM” AS INITIALLY CONTEMPLATED AND IMPLEMENTED AND SUPPORTING ASSEMBLY BILL 3627 INTRODUCED BY ASSEMBLYMAN JOE PENNACCHIO.

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

RESOLUTION #448-03

WHEREAS, as the property tax burden increases under inflationary pressures, senior citizens on fixed incomes find it increasingly difficult to meet all of their financial obligations; and

WHEREAS, one of the favorable ways the State of New Jersey assisted Senior Citizens was to establish the “Property Tax Reimbursement Program”, which froze property taxes by reimbursing qualified New Jersey resident property owners for property tax increases; and

WHEREAS, the State of New Jersey has decided that it could not afford to fund the “Property Tax Reimbursement Program: this year due to other fiscal priorities, thus eliminating the relief the State has previously instituted under this program; and

WHEREAS, Joe Pennacchio, Assemblyman of the 26th New Jersey Legislative District has introduced legislation identified as A-3627, that strives to remove the income level eligibility to receive a homestead property tax reimbursement; and

WHEREAS, the Township of Old Bridge values its Senior Citizens and desires to see them enjoy the benefits of the remedial purposes that gave rise to the original “Property Tax Reimbursement Program” as well as those that have inspired Assemblyman Pennacchio’s legislation.

NOW, THEREFORE, IT IS RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWNSHIP OF OLD BRIDGE THAT:

• The State of New Jersey is hereby urged to return to the original “Property Tax Reimbursement Program” and restore the necessary funding to make this possible for our Senior Citizens.

• The Township hereby communicates its support of Assembly Bill A-3627 Introduced by Joe Pennacchio, Assemblyman of the 26th Legislative District, which would render more Senior Citizens eligible for a property tax freeze.

• Township Clerk, Rose-Marie Saracino is hereby directed to forward copies of this Resolution to the offices of the Honorable James McGreevey, Governor of the State of New Jersey and the Honorable Representatives of the 26th Assembly District.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

AUTHORIZING PAY OF ACCUMULATED TIME TO JERRY PALUMBO

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

RESOLUTION #449-03

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, $5,000.00 or greater, to be authorized by resolution; and

WHEREAS, due to retirement from his position at the Township, Jerry Palumbo, is entitled to a pay out of 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 Jerry Palumbo in the amount of $92, 140.80.

Sick (260) $77,496.00
Vacation (32) 14,644.80

TOTAL: $92,140.80

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

AWARDING CONTRACT 03-22 TO LUCAS BROTHERS INC FOR IMPROVEMENTS TO MARLBORO ROAD

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

RESOLUTION #450-03

WHEREAS, the Township of Old Bridge advertised and received bids for Contract 03-22 for the improvements to Marlboro Road; and

WHEREAS, bids were received and opened August 11, 2003; and

WHEREAS, the Township Council wishes to award the contract for improvements to Marlboro Road to the lowest responsible bidder; and

WHEREAS, the Township Engineer has recommended that the contract be awarded to Lucas Brothers, Inc. located at 173 Amboy Road, Morganville, NJ 07751, as they submitted the lowest responsible bids.

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. Lucas Brothers is hereby awarded the contract in the amount of $235,845.00 for improvements to Marlboro Road.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1172 certifying the existence of a sufficient appropriation to fund the said contract.

This Resolution is conditioned upon the following:

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

B. Issuance of a Certification 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 AA301, 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 Hoff, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

AUTHORIZING FILING OF AN APPLICATION FOR THE PURCHASE OF PROTECTIVE EQUIPMENT TO THE N.J. DIVISION OF HIGHWAY TRAFFIC SAFETY

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

RESOLUTION #451-03

WHEREAS, the Township of Old Bridge wishes to submit an application to the New Jersey Division of Highway Traffic Safety for the purchase of protective equipment; and

WHEREAS, the protective equipment will be used for Old Bridge First Aid and Safety squad in the amount of $37,125.00.

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

(1) Application of the Township of Old Bridge to the New Jersey Division of Highway Traffic Safety for the purchase of protective equipment for the Old Bridge First Aid and Safety Squad in the Amount of $37,125.00 is hereby approved.

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

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

AWARD OF PROFESSIONAL SERVICES CONTRACT TO BUCHALSKI, REYNOLDS & BRODOWSKI FOR VALUATION AND CONSULTING SERVICES FOR PROPERTIES LISTED IN OLD BRIDGE FROM JULY 1, 2003 TO JUNE 30, 2004 INTHE AMOUNT OF $40,000.00. (CERT. #1164) (AFFIRM. ACT.) (BE)

TABLED

Councilman Redmond: Are we gearing up to start re-assessing the property in Old Bridge?

Attorney Ruggierio: We use appraisers in Tax Court to defend our values when there are appeals. This is the standard contract that we pass every year.

Councilman Hoff: How long has he been the appraiser?

Attorney Ruggierio: He was working for Old Bridge when the Raceway Park appeal was pending and that was at least 16 years ago.

Councilman Hoff: Is he a pay for play?

Ms. Shepler: He signed the certification that he is not.

Councilman Maher: Did we solicit bids? Is this an entitlement?

Attorney Ruggierio: I would be certain that we didn’t get other bids. Mr. Buchalski is nationally known, he does valuations of casinos in Las Vegas and Atlantic City. I think that you would be hurting the town if we did not engage him. We could go out and get other people but I don’t think that we select someone for price for this, we would want to select someone based on competence and I have the greatest confidence in this firm.

MOTION

by Councilman Maher to table the contract for Buchalski, Reynolds & Brodowski so that bids can be solicited, seconded by Councilman Redmond and so tabled on the following roll call vote:

AYES: Councilmen Hoff, Maher, Redmond, President Butler.

NAYS: Councilmen Greene, Testino, Councilwoman Panos.

ABSENT: Councilmen Baker, Calogera.

TEMPORARY BUDGET APPROPRIATION

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

RESOLUTION #452-03

WHEREAS, there will be a delay in the adoption of the 2004 Township of Old Bridge, County of Middlesex, State of New Jersey Local Municipal Budget; and

WHEREAS, if additional funds are not budgeted for the following, the public welfare will be adversely affected.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that in accordance with NJSA 40A:4-20, an emergency temporary appropriation be and same is hereby made for in the amount of $156,158.00 and that said emergency temporary appropriation shall be provided in full in the 2004 budget

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

Councilwoman Panos: What is the amount of the transfer?

Mr. Shah: $181,158.00 is the correct amount, there was a change, so you may duplicate back up.

AUTHORIZING THE MAYOR AND TOWNSHIP TO SIGN A CONTRACT WITH THE NEW JERSEY CHIEF OF POLICE ASSOCIATION TO ADMINISTER THE SERGEANT’S EXAM

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

RESOLUTION #453-03

WHEREAS, the Township of Old Bridge has requested the Association to conduct and Oral Examination of candidates for the purpose of assisting the Municipality in making selections for the position of Police Sergeant; and

WHEREAS, the Township of Old Bridge wishes to enter into a contract with the New Jersey State Chief of Police Association, located at 830 Bear Tavern Road., Suite 105, West Trenton, New Jersey 08628 to administer the Sergeant’s Exam in amount of $6,550.00.

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

1. A contract for professional services is authorized to be entered into with the New Jersey State Chief of Police
Association in an amount of $6,550.00

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1169 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 documents necessary to effectuate this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this agreement.

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.

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

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

Councilwoman Panos: I used to be very skeptical of the police hiring in town. I would like to ask Chief Collow if after the test is done and I request information on it, such as, who gave the test and if it was recorded, would you give me that information?

Chief Collow: Upon the completion of the Sergeants exam, I would forward a list of all the candidates and the order of ranking. Certainly, that would be available.

AUTHORIZING SELECT ENERGY INC. TO PROVIDE ELECTRIC SUPPLY SERVICE FOR COMMERCIAL AND INDUSTRIAL ENERGY CLASS FACILITIES TO THE TOWNSHIP OF OLD BRIDGE AND AUTHORIZING THE EXECUTION OF AN ELECTRIC SUPPLY AGREEMENT

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

RESOLUTION #454-03

WHEREAS, a Request for Bids No. 03-16 was issued for Electric Supply Service for Commercial and Industrial Energy Pricing Class Facilities; and

WHEREAS, no bids were received in response to the advertisement by the bid opening date of July 7, 2003; and

WHEREAS, this item was re-bid and no bids for 03-16 were received in response to the advertisement by the second bid opening date of July 28, 2003; and

WHEREAS, pursuant to NJSA 40A:11-5(3) said contract may now be negotiated and may be awarded upon adoption of a resolution by a two-thirds affirmative vote of the authorized membership of the governing body; and

WHEREAS, a contract has been negotiated with Select Energy Inc. to provide Electric Supply service 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. Select Energy is hereby awarded a contract to provide electric generation supply service to the Township in the amount of $52.52 per kilowatt hour; not to exceed $60,000.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1171 certifying the existence of a sufficient appropriation to fund the said contract.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

Councilman Maher: Have we selected them as our consultant?

Ms. Turchan: No, we have gone to bid twice and both times there were no responses, so we went into negotiations. I have solicited quotes from every company that is certified by BPU to provide primary energy. Select Energy was lowest bid at $52.04 per kilowatt hour. We are asking you to authorize the Mayor to sign the contract.

Councilman Testino: How does that compare with what we are getting from the public utility?

Ms. Turchan: Right now there are two types of accounts; primary and secondary. What we are getting from the private utility fluctuates every hour, at three o’clock on a hot summer day we are probably paying $100.00 and hour and at midnight it is about $50 to $60 an hour. With Select Energy we are going with a fixed price of $52.00 and that will allow us to keep our costs under control.

Councilman Maher: Have any other local towns selected them?

Ms. Turchan: I am not aware of any towns in Middlesex County of having primary accounts. This is primary energy and not the secondary. I spoke to the representative today and I am going to provide him with all the electric bills that we have and he will do the detail analysis and let us know if we should go out to bid on the secondary energy or stay with JCP&L.

Councilman Maher: Have we heard from the county on the energy aggregation?

Mr. Shah: It is important that we get this contract approved because if we don’t select one, the BPU will assign somebody to us and we will not have control of the cost. On the energy aggregation, there are still no regulations from the state and the county is not doing anything about it until they hear from that state.

Ms. Turchan: This bid is for the two generators that we have. The other type of account is the one that Middlesex County has not decided if they are going to be involved in. Bidding on secondary energy is a very expensive and extensive process, we would have to solicit all the electric bills from all the residents that would be interested in joining.

Councilman Maher: Can’t we follow the lead of Monroe Township, who is already providing that service?

Ms. Turchan: I believe that the agreement fell through and they don’t have it.

Ms. Shah: The last that I heard was that they were going to do a pilot program and it all fell through and they have not finalized anything under the new aggregation law.

Councilman Maher: Please find out if that is true. I thought Monroe was doing this.

RESOLUTION AUTHORIZING APPLICATION FOR EXTRAORDINARY MUNICIPAL AID FOR SFY 2004

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

RESOLUTION #455-03

WHEREAS, the Township of Old Bridge wishes to apply for aid from the Extraordinary Municipal Aid Program for SFY 2004 to minimize any increase in the property tax rate.

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 authorizes the submission of an application for aid to the SFY 2004 Extraordinary Municipal Aid Program. The Mayor, Council President, Chief Financial Officer, Municipal Accountant and Township Clerk are hereby authorized to sign all application documents.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

Councilman Maher: Is the state imposed deadline August 18th?

Ms. Turchan: It is August 26th.

Councilman Maher: How much are we asking for?

Ms. Turchan: We are asking for the amount to be raised by taxation – which is $1,729,153.00.

Councilman Redmond: Last year we asked for three million and we got $200,000.00. I think that $1,700,000.00 is more realistic but I still think it is kind of high.

Mr. Shah: What we are doing with our application is asking for the maximum that we can get. I agree that this may be excessive, but it can be justified with the increase in our total levy. I think that what happened last year was unfair and unjust and I think that it is critical that we continue to ask and President Butler is already making an aggressive lobbying effort to the state and legislators.

Councilman Maher: I would like this resolution to be sent to our senator and assemblymen.

Mayor Cannon: We have made arrangements to meet with Senator Kyrillos, and I am going to reach out to the head of the DCA. Last year we really were treated unfairly, we met most of the criteria and other towns that didn’t got three times the amount we did. We are not going to let that happen this year.

Councilman Maher: When is that meeting?

President Butler: August 21, 2003.

Councilman Maher: Where is it?

President Butler: In Middletown.

Councilman Testino: How much is in the state budget for the aid program? I think that we should get at least two tax points.

Mr. Shah: I believe that amount is $35,000,000.00. They have already allocated part of that amount for the calendar year community. East Brunswick received $600,000.00, I think that entitles us to at least two tax points, which is roughly $650,000.00.

Councilman Testino: Old Bridge in the past has not gone after this money and we need to be aggressive from the beginning. We should have strategy meetings before you meet with the senator so that we have a realistic figure.

Mr. Shah: I think that we need to lobby the state to make sure that Old Bridge gets its fair share.

Councilman Testino: If we don’t have a need (a tax increase), we will not get the aid. In order to meet the deadline, we need to introduce the budget with the tax increase so that we can submit the aid application. Is that correct?

Mr. Shah: In our application we have emphasized that not only do we have an increase in municipal taxes but also school tax, which amounts to a tremendous increase to the residents of Old Bridge and that should be considered in their allocation.

Councilman Testino: You want us to introduce the budget as is, in order to make this application, correct?

Mr. Shah: Yes. When you introduce the budget, you will then have time to review the budget and we can then adjust the budget if you want. Introduction does not set the tax rate.

RESOLUTION AUTHORIZING CONTRACT WITH SIGMA COMMUNICATIONS, INC. FOR EMERGENCY NOTIFICATION SYSTEM

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

RESOLUTION #456-03

WHEREAS, the Township of Old Bridge requires an emergency system which would allow emergency services personnel to notify and provide instructions to Old Bridge Township residents in case of an emergency; and

WHEREAS, Sigma Communications, Inc. located at 6720 Parkdale Place, Indianapolis, IN 46254 is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council Wishes to authorize contract #03-19 with Sigma Communication, Inc. for purposes of providing the aforesaid emergency services.

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

1. A contract for professional services is authorized to be entered into with Sigma Communications, Inc. in an amount of $53,500.00 ($37,862.00 and $15,638.00) for Emergency Notification System.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1170 certifying the existence of a sufficient appropriation to fund the said contract.

This Resolution is conditioned upon the following:

A. Formal execution of a contract approved by the Director of Law which is 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 la w.

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

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

Councilwoman Panos: I would like to thank Captain Bonfante and Sergeant Weiss for finally bringing this to fruition.

AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY FOR AN ADDITIONAL GRANT FOR THE MUNICIPAL ALLIANCE B.A.B.E.S PROGRAM

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

RESOLUTION #457-03

WHEREAS, on May 1, 2003 the County agreed to provide the sum of $54,133.00 to the Township of Old Bridge for the purpose of providing Municipal Alliance related activities; and

WHEREAS, the County wishes to provide the Township with an additional sum of $9,900.00 for the provision of additional Municipal Alliance activities; and

WHEREAS, an additional sum of $3,150.00 provided by the County for the provision of additional alliance activities.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the execution of the agreement with the County to provide the additional $3,150.00 is hereby authorized; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign any and all documents necessary to effectuate the terms of this agreement as may be approved in form by the Township Attorney.

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

AYES: Councilmen Greene, Hoff, Maher, Redmond, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

ABSTAIN: Councilman Testino.

APPOINTMENT TO THE ZONING BOARD OF ADJUSTMENT ALTERNATE MEMBER TERM EXPIRING 12/31/03

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

RESOLUTION #458-03

Barbara York, be appointed to the Zoning Board of Adjustment – Alternate Member with a term expiring December 31, 2003.

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

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

NAYS: Councilman Greene, Councilwoman Panos.

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

Councilman Greene: I think that Barbara York is qualified, but I do not have a resume.

President Butler: I saw a resume and the Clerk’s office has a resume.

Councilman Testino: The Clerk circulated it.

Councilman Greene: I did not get one in the packet and because of that I will be abstaining on this.

Councilwoman Panos: I don’t have one either.

Councilman Testino: It was in your mailbox, not in the packet.

Councilman Greene: When was that resume received by the Clerk’s office? Or is this again simply majority rules….we have a resume from………..

Clerk Saracino: Resumes were distributed. I will advise you of the date it was given out.

Councilman Testino: Can we get the answer from the clerk, since you asked the question.

Councilman Maher: Barbara York is a sitting member of the parking committee.

Deputy Clerk Ward: I don’t have one.

Councilman Greene: I do not have it and it was not in my packet.

Councilman Testino: Did the clerk distribute it or not.

Clerk Saracino: I placed a copy to each one of you.

President Butler: I saw it.

Councilman Greene: I would like to table this until we get a resume.

MOTION DENIED

to table by Councilman Greene, seconded by President Butler and so denied on the following roll call vote:

AYES: Councilmen Greene, Councilwoman Panos.

NAYS: Councilmen Hoff, Maher, Redmond, Testino, President Butler.

ABSENT: Councilmen Baker, Calogera.

APPOINTMENT TO LIBRARY BOARD – TERM EXPIRING DECEMBER 31, 2006

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

RESOLUTION #459-03

Kathryn Arabia be appointed to the Library Board with a term expiring December 31, 2006.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

2003/2004 RENEWAL OF INACTIVE LICENSE #1209-33-018-008 DANIEL MARKOW

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

RESOLUTION #460-03

WHEREAS, DANIEL MARKOW has applied to the Township of Old Bridge in the County of Middlesex, State of New Jersey for a renewal of his inactive Plenary Retail Consumption License No. 1209-33-018-008 for the period of July 1, 2003 to June 30, 2004; and

WHEREAS, they have complied with the rules governing the renewal of said license and having paid the fee of One thousand eight hundred ninety-one dollars and ninety-two cents $1,891.92 and as no objections have been received to the renewal of said license; and

WHEREAS, licensee has received a Special Ruling from the Director if the Division of Alcohol Beverage Control to permit the filing of a renewal application of an Inactive license for the 2003-2004 licensing term, pursuant to N.J.S.A. 33:1-12.39.

NOW, THEREFORE, BE IT RESOLVED that the Clerk of the Township of Old Bridge is hereby authorized to issue the applicant a renewal of their Plenary Retail Consumption License period of July 1, 2003 – June 30, 2004, effective August 11, 2003

LICENSEE LICENSE # ADDRESS
Daniel Markow 1209-33-018-008
126 Butternut Drive
Wayne, NJ 07470

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

President Butler: Is everything in order for this?

Deputy Clerk Ward: Yes.

PERSON TO PERSON – PLACE TO PLACE TRANSFER OF LIQUOR LICENSE #1209-33-018-008 TO CROSSINGS AT OLD BRIDGE LLC FROM DANIEL MARKOW

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

RESOLUTION #461-03

WHEREAS, an application was been filed for a person to person, place to place transfer of Plenary Retail Consumption license number 1209-33-018-008 to CROSSINGS AT OLD BRIDGE, LLC, Old Bridge, NJ heretofore issued to DANIEL MARKOW, located at 126 Butternut Drive, Wayne, NJ (inactive).

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey does hereby approve, effective August 11, 2003, the person to person and place to place transfer of the aforesaid Plenary Retail Consumption licensed premises from DANIEL MARKOW at its former location of 126 Butternut Drive, Wayne, NJ (inactive) to an inactive status to CROSSINGS AT OLD BRIDGE, LLC at 1 Jocama Blvd, Old Bridge, NJ

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

AYES: Councilmen Greene, Hoff, Maher, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

ABSENT PODIUM: Councilwoman Panos.

Prior to the vote the following discussion took place.

Councilman Testino: Where is this license going?

Clerk Saracino: Right now it is staying inactive until Crossing’s is built.

Mayor Cannon: It hasn’t been heard by the planning board yet.

Councilman Maher: When is that going to be?

Mr. Heilbrunn: The planning board has scheduled this for August 20th. Hopefully this license will be located in a restaurant in the Cottrell Homestead.

Councilman Redmond: We have a bar across the street. Will this require a variance?

Mr. Heilbrunn: It may, we haven’t measured the distance.

PERSON TO PERSON TRANSFER – MURPHY’S STYLE GRILL INC LICENSE #1209-33-005-009 TO OLD NEW YORK, INC.

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

RESOLUTION #462-03

WHEREAS, an application was been filed for a person to person transfer of Plenary Retail Consumption license number 1209-33-005-009, heretofore issued to Murphy Style Grill of Old Bridge to Old New York Inc, for premises located at 2658 Route 516, Old Bridge, Old Bridge Township, NJ.

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

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

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey does hereby approve, effective August 11, 2003, the person to person transfer of the aforesaid Plenary Retail Consumption license #1209-33-005-009, and does direct the Township Clerk to endorse the license certificate to the new ownership as follows: “This License subject to all of its terms and conditions, is hereby transferred to Old New York, Inc. effective August 11, 2003.

BE IT FURTHER RESOLVED that the person to person transfer application be amended to reflect that no adjacent properties are to be licensed.

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

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

AYES: Councilmen Greene, Hoff, Maher, Redmond, Testino, President Butler.

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

ABSENT PODIUM: Councilwoman Panos.

Prior to the vote the following discussion took place.

President Butler: Is everything in order?

Deputy Clerk Ward: Yes it is.

Clerk Saracino: No, there is a memo from the engineer about the applicant wanting the entire premises licensed. The engineer does not recommend that. They would have to go before the zoning board for a site plan.

Councilman Redmond: Can we table this until then?

Clerk Saracino: You don’t need to table it, you just have to authorize that the application be amended to reflect that it is not going to include the entire premises.

Councilman Redmond: I will amend the motion to include only the inside of the building.

Councilman Maher: Is Murphy’s changing their name to Old New York, Inc.?

Clerk Saracino: No, it is a person to person transfer. They are selling it.

Councilman Maher: Where will Old New York, Inc. be located?

Clerk Saracino: At the same location as Murphy’s. Mr. Stella, the applicant is here and he can answer your questions.

Councilman Maher: What is happening here?

Mr. Alfred Sauer; Attorney for the applicant: My client is purchasing the license and equipment and will operate his own place there.

Councilman Maher: Is Murphy’s moving?

Mr. Sauer: Murphy’s is keeping their name and they will not exist there any longer.

Mayor Cannon: Is this going to be a steakhouse?

Mr. Stella: The menu will be more extensive than it is now.

Mayor Cannon: Will it be primarily a restaurant?

Mr. Stella: Yes. There will be entertainment, sports lounge, it will be a little bit of everything.

Councilman Maher: Do you have other establishments?

Mr. Stella: I have one in Union, on Morris Avenue – it is called the Sports Section Café.

Councilwoman Panos: What kind of entertainment are you going to have?

Mr. Stella: Bands, karaoke, comedy acts - a little bit of everything.

Councilwoman Panos: Will you have dancing?

Mr. Stella: Probably. I have been following your problems with a certain club in town, this is not me, I have been very forward - I’ve been to the zoning officer and he already approved my plans. I been to the building department – I have been all over. I have met some of the council, we are not trying to hide anything here. You cannot exist until 10:30 at night as just a restaurant, you need something from 10:30 till three in the morning.

Councilman Maher: What council members have you met?

Mr. Stella: I met Mr’s Butler, Calogera - I spoke to others on the phone.

Councilman Maher: Who?

Mr. Stella: Mr. Testino and Mr. Hoff. I just wanted to let people know what was going on. We are not trying to hide anything here. I think everyone will be happy at what we are trying to do, without the restaurant aspect I can’t survive.

Councilman Greene: I think that you need a list of council members, you only gave a partial list, I hope that you are not excluding the other members.

Mr. Stella; I wasn’t excluding anyone, I just got a few names and wanted to let those people know. I have been to other meetings and I am not politically connected to anyone. I am just a business man.

Councilman Greene: I think that the best thing to do is get the complete list and contact all members of the council.

Mr. Stella: We are not doing anything that Murphy’s isn’t doing now. They have entertainment and dancing. We are going to clean the place up.

Councilman Greene: I am not against your restaurant, I just wanted to get my point across about the other council members.

Mr. Stella: My restaurant is famous for being able to come in at 1:30 and have a steak dinner, we will do that, we serve our full menu until I close.

Councilwoman Panos: Did the zoning department sign off on this?

Mr. Stella: Michael asked me for plans, I showed them to him and he stamped it and everything was approved.

2003/2004 RENEWAL OF INACTIVE LICENSE #1209-33-027-004 ENGLISH PUB

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

RESOLUTION #463-03

WHEREAS, ENGLISH PUB INC has applied to the Township of Old Bridge in the County of Middlesex, State of New Jersey for a renewal of his inactive Plenary Retail Consumption License No. 1209-33-027-004 for the period of July 1, 2003 to June 30, 2004; and

LICENSEE LICENSE # ADDRESS
ENGLISH PUB INC. 1209-33-018-008
C/O Jill McDonaugh
220 Sailfish Way
LaVallette, NJ 08735-1125

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

President Butler: Is everything in order for this?

Deputy Clerk Ward: Yes.

Clerk Saracino: This is a special ruling that would allow the renewal of an inactive license. This is also in the process of being transferred.

Councilman Redmond: How long has this been inactive?

Clerk Saracino: About two years.

Councilman Redmond: What is the limit on how long it can be inactive?

Clerk Saracino: That is up to the division.

INTRODUCTION OF FY 2004 BUDGET

RESOLUTION #464-03

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

BE IT RESOLVED, that the following statements of revenue and appropriations shall constitute the Municipal Budget for the Fiscal Year 2004:

BE IT FURTHER RESOLVED that the said budget be published in the Home News & Tribune in the issue of September 12, 2003; and

WHEREAS, the Governing Body of the Township of Old Bridge does hereby approve the following as the Budget for the Fiscal Year 2004; and

WHEREAS, notice is hereby given that that Budget and Tax Resolution was approved by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey on August 11, 2003. A hearing on the budget and tax resolution will be at One Old Bridge Plaza on September 22, 2003 at 8:00p.m. at which time and place objections to said budget and tax resolution for the year 2004 may be presented by taxpayers or other interested persons.

General Appropriations For:
1. Appropriations within “CAPS”
(a) Municipal Purposes (Item H-1, Sheet 19)(NJSA 40A:4-45.0) $26,022,604.00

2. Appropriations excluded from “CAPS”
(a) Municipal Purposes ( Item H-2, Sheet 28(NJSA40A:4-45.3 as amended $16,593,175.00
(b)Local District School Purposes in Municipal Budget(Item K, Sheet 29) $.00
Total General Appropriations excluded from CAPS (Item O, Sheet 29) $16,593,286.00

3. Reserve for uncollected Taxes (Item M Sheet 29) $2,687,332.00

4. Total General Appropriations (Item 9, Sheet 29) $45,303,111.00

5. Less Anticipated Revenue Other than Current Property Tax $21,268,265.00

6. Difference: Amount to be Raised by Taxes for Support of Municipal Budget
(a) Local Tax for Municipal Purposes Incl. Revenue for Uncollected Funds $24,034,846.00
(b) Additional to Local School District $0.00

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

AYES: Councilman Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

Mr. Shah: The total budget is $45, 303,111.00, with a three cent tax increase. If you introduce tonight, we can then begin the process of applying for state aid and then you will start the process of reviewing the budget with the departments.

Councilman Testino: Purely for the purpose of applying for state aid, I agree with Mr. Shah that we need to introduce tonight. I will pledge to do whatever it takes to get our fair share from the state – and find the additional money, I think that Old Bridge has suffered too many tax increases in the last several years.

Mr. Shah: We will work with the council to see if there is a way to soften the impact.

Councilman Maher: I too want to make it clear that I am in no way supporting a tax increase. I feel that Old Bridge residents are overtaxed and I am going to work hard to adopt a budget that does not have an increase. I would also suggest that we have a hiring freeze until the budget is adopted – is that still in effect?

Mayor Cannon: We have a hiring freeze for non-essential employees – we are down in so many departments right now. We just lost two bus drivers that we have to replace because we cannot operate with out them. There are no new positions suggested.

Councilman Maher: I proposed that we do fill vacate positions until after we adopt the budget.

Ms. Shepler: We only have two bus drivers now and we cannot continue to service the senior population with only two bus drivers. We have already advertised for the two that we lost.

Councilman Maher: With the exception of the bus drivers I would request a hiring freeze. Are there any other positions that you feel are critical?

Mayor Cannon: We will evaluate the open positions and let you know if we feel that there are any others we think are essential.

Mr. Shah: In finance we have eliminated one and a half positions and we are not operating any differently.

Councilman Greene: Every year that I have been on the council we have been able to find areas where we could reduce the introduced budget and I hope that all council members take an active and aggressive role, so that we can resolve this quickly. Last year we had to have discussions with the bond rating agencies. I want to do everything possible to reduce the tax increase, I also want to make sure that our bond rating is affected by the actions of this council – I want to make sure that we keep our excellent bond rating.

Councilman Testino: I would ask the president to appoint the committees for the budget process. My pledge still stands that this budget won’t be anything but a zero at the end of the process.

DISCUSSION

Cablevision (ET)

Councilman Testino: We discussed this under the Attorney’s report.

Authorizing the Finance Director to sign credit card with Sovereign Bank. (HS)

Mr. Shah: You already approved the ordinance to set the fee for the internet payments with credit cards. We are only doing this in the tax office now. We are only accepting MasterCard at this time.

Councilman Maher: Have we gotten quotes from any other banks?

Mr. Shah: We have and we have been using this bank for over two years in the court.

Councilman Maher: Sovereign Bank will be our merchant bank and collect the fees for us. Is that correct?

Mr. Shah: Yes, there are two branches in town.

President Butler: I will take a motion and a second

MOTION

moved by Councilwoman Panos, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera, Hoff.

REPORTS

Status of the Watershed Property Review Board approval of access to Mannino Park via Perth Amboy’s property. (Report by: Administration). (RG)

Councilman Greene: I was under the impression that a decision by the review board would be decided in June, I was wondering what the status is right now.

Mr. Badcock: I spoke to Mike Henahan (Green Acres Regulatory Review Board) last week and they are still waiting for a meeting to be set up between the board of public utilities and DEP and the watershed review board. One thing that you need to know is that this triangle that we are going to buy from Perth Amboy is just part of the entire tract of land that the County is trying to purchase from Perth Amboy. It is not separate, I think that may be one of the reasons that it hasn’t happened yet.

Councilwoman Panos: Can this be separated?

Mr. Badcock: We are not the owner, but we requested that it be separate but it was lumped together with entire parcel that the county is trying to pick up. That is not our decision, obviously we wanted it separated.

Councilwoman Panos: Can we get another resolution asking that is be separated again. I have a feeling that the county purchasing the property from Perth Amboy is going to be a political football and they are waiting until after November.

Councilman Redmond: It was separated and it is now up to the review board. If the review board wants to look at it separately, they can. They decided that this piece of property had to be approved by them.

Mr. Badcock: It is also the review board, the DEP and the BPU.

Councilman Redmond: All three together decided that this piece of property had to be included in this review process because it was part and parcel of the watershed property. This was separated out and they did a separate resolution to give us this piece.

Mr. Badcock: Mr. Henahan would rather do it separately.

Councilman Redmond: Who do we have to talk to at the DEP?

Mr. Badcock: The commissioner.

Councilwoman Panos: Can we sent a resolution and ask them to do that?

Mr. Badcock: If you sent a resolution to the Commissioner of the Department of Environmental Protection, that would probably carry some weight as to how they would reviewed this entire tract.

MOTION

by Councilwoman Panos to send a resolution asking for the parcel of land to be separated, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera, Hoff.

Status of inquiry regarding Deep Run Parking Lot (pot holes). Report by: Engineering/Public Works) (ET)

Councilman Testino: I have been told that engineering is going to get in touch with the property owner.

Mr. Sumal: The potholes have been filled.

Status of discussion on clean up of the Browntown Shopping Center. (Report by: Administration) (RG)

Councilman Greene: Several months ago I brought up the condition of this shopping center and at that time I focused on the trailers that are behind the shopping center. Now there are three clothing bins for the needy; which are fine an honorable cause – but it is another eyesore on Gaub Road because in addition to getting legitimate clothing, you get junk which winds up outside the boxes. There are mattresses there and it looks terrible. I called the charitable organization that put them there and they told me three months ago that they would move them to another location in the shopping center where they weren’t going to be so visible, that never happened. Now it has become a depot for overnight tractor trailers, this has gone from bad to worse. The engineer says that he wants to address the landlord because they want to put a McDonalds in that shopping center. I don’t want to wait until then, I think that the property owner should address this now and not have him tell us “ If you give me a McDonalds’ I will clean up the place”.

Mr. Sumal: We will try to pursue this further with the zoning officer.

Councilman Redmond: Every morning I go down Kearny Ave to Waterworks Road, there is a pile of garbage where Waterworks goes into Bordentown Ave – some one put a couch in the middle of the road. Can we find out who owns this property so that we can have it taken care of?

Mr. Sumal: We will check that out.

Mayor Cannon: I agree with Mr. Greene that cleaning the Browntown shopping center should not be contingent on the application for the McDonalds. I noticed the tractor trailers last weekend. I will speak to Code Enforcement and have them make sure that the laws are followed.

Water and sludge problem on Cressida Drive in front of 5, 7, 9 & 13. (ET) (Report by: Engineering)

Councilman Testino: The ground water was checked and the MUA checked to see if there was a water main break and both checked out okay. Maybe we can put this on the list for drainage improvements.

Mr. Sumal: There has been money put aside for improvements and we will proceed with the administrations approval.

Ms. Shepler: We will add that to the under drain consideration. One of the residents came to me this week with an additional drainage problem behind his home and I have asked the Department of Public Works to look into it.

Public Comments

Ms. Miller: Three homes on Waterworks which are on the historical list were ripped down and no one on the commission was notified. There will be nothing left in Old Bridge if we keep tearing this down. Can we put some teeth into the ordinance?

Councilwoman Panos: Who tore them down?

Ms. Miller: I don’t know.

Mayor Cannon: Ellie McDermott told myself and John Vincenti that a demolition permit had come to her desk – it had been issued by the township. I have asked John to follow up on this.

President Butler: Is there anything else that we can do to make sure that other buildings are not torn down.

Mayor Cannon: There should be some kind of flagging put in place, because there are things that need to be down before it is torn down, such as; turning off water, capping wells. We will investigate this and see what we can do to make sure that this doesn’t happen again.

President Butler: Mr. Ruggierio can we see if we can make sure that this doesn’t happen again.

Councilman Redmond: Can we have engineering look into setting up fines.

President Butler: I will look into this also.

Mr. Tom Quinlan, 9 Cressida Drive: We have two problems are Cressida, one is a block drainage ditch in the township easement which flooded my property and house. The other problem encompasses five houses. There is a sludge material coming from 5 Cressida, it runs to 15 Cressida. The street is level on top and it is pitted on 5 and then level below. I think that there is a broken pipe because the road is decaying. It cannot be run-off because we had it last year and last year we had a drought.

President Butler: Have you been working with the engineer department on this problem?

Mr. Quinlan: I informed them two years ago and was told that it would be put on a two year list – and now it is two years and Mr. Vincenti didn’t know anything about it.

President Butler: Give Mr. Sumal your name and address so that John can follow up on this.

Dominic Cicio: We need to reduce taxes and one way in not to bond eight million dollars for a golf course. I am going to get a referendum going because the council will not vote on this. I think that you should lease the land to private developers.

Mayor Cannon: No decision has been made by the council or committee on the golf course.

Mr. Vitale: Last year I made recommendations on cutting the budget and the council ignored me. I told the residents that they would have between a five and eight million dollar surplus and that there was no reason to raise taxes. This year you have an eight million dollar surplus and you are increasing the taxes by three cents. Why? Live within your means.

Mr. Shah: I want to clarify the surplus issue, Mr. Vitale is right that we ended up with an eight million dollar surplus, but he failed to mention that we are using most of the surplus and after that we are left with about $1,300,000.00. Last year we almost lost our bond rating because we used so much surplus. In 1997 we had $2,000,000.00 and now we are down to one million and we were called by both bond rating companies and this council made a commitment to put $200,000.00 in the surplus so that we can keep the bond rating.

Robert Sucarato: I applaud those council members that voted to authorize the attorney to look into the billboard. This does not cost the taxpayers any money, since this will be covered under the attorney’s salary. This is not a witch hunt – if the US Attorney feels that it is important enough to look into, it is embarrassing for Old Bridge to not want the investigation. It would look odd if Old Bridge did not look into this.

Mr. Pagnotta: There should be a discount in the school tax for people who do not have children in the school system.

Mayor Cannon: That can only be changed by the Governor or State legislator.

Ms. Greenberg: I read that the affordable senior housing in Old Bridge was going to be developed by Penrose Properties. I believe that the Penrose Properties was the same name that was affiliated with billboard scandal. Is this the same company?

Councilman Greene: Yes and they have made contributions to political figures in town.

Ms. Greenberg: If there are questions being raised with the billboard issue, we should be raising a red flag on this, because I think that it is very important to get affordable senior housing in Old Bridge. I do not believe that we should do this at the expense of doing business with a company that may have a questionable reputation.

President Butler: We sat down with Penrose a year ago and we are moving forward and we are looking to break ground in August or September. If they got involved in something else after that meeting, I will look into it and let you know.

Ms. Greenberg: I don’t want that affiliated with Old Bridge and maybe before they break ground we should investigate this so that we don’t see our name in the paper again.

Councilman Greene: Maybe the attorney should look into that.

Mr. Rao: Reduce taxes in Old Bridge for the school and the municipality.

Seeing no hands President Butler closed the public portion.

Council Comments

Councilman Redmond: Dave Merwin put together a terrific Salt Water Day and I want to thank him.

Councilwoman Panos: I find it odd that I did not get a resume for the zoning board and neither did my republican colleague. I think that this is a blatant attempt for the democrats to control… why wasn’t it tabled?

Councilman Testino: You have to be kidding, you are rehashing what happened in the beginning of the meeting.

Councilwoman Panos: You expected us to vote on someone that we didn’t even have a resume on. We all had another’s resume in our packet and I find that very discriminatory.

President Butler: Barbara has been on many committees over the years and I think that we are all familiar with her ability. I saw her resume and that is why I voted for her.

Councilwoman Panos: I didn’t.

MOTION

to adjourn at 10:35p.m. by Councilman Testino, seconded by Councilwoman Panos and so ordered on an all aye vote

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