Old Bridge Township, New Jersey - September 22, 2003 Minutes

A Regular Meeting of the Township Council of the Township of Old Bridge was held on September 22, 2003 in the Municipal Complex. The meeting was called to order at 8:03 by Vice President Redmond.

Councilman Baker requested a moment of silence for the men and women of the Armed Services serving in Iraq.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Monday, October 13, 2003 at 7:30 p.m. Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Baker, Calogera, Greene, Maher, Councilwoman Panos, Vice President Redmond. Councilmen Hoff, Testino and President Butler were absent.

RESOLUTION NO. 505
BILL LIST

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

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of September 22, 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 RESOLED by the Township Council of the Township of Old Bridge that the bill listing of September 22, 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 $3,571,114.40 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, President Butler.

RESOLUTION NO. 506
BILL LIST

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

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

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, President Butler.

RESOLUTION NO. 507
BILL LIST

Denied

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

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

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

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

AYES: Councilmen Baker, Vice President Redmond.

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

ABSENT: Councilmen Hoff, Testino, President Butler.

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

Councilman Baker: We just voted "no" to the overtime. Does that mean that we are not paying the overtime?

Attorney Ruggierio: No, I believe that the overtime that you are voting on is pursuant to statute, and it has already been paid.

Councilman Calogera: I wonder if the voters mind us spending this overtime?

Report of the Clerk.

Deputy Clerk Ward: The commuter parking renewals scheduled for September 27 have been cancelled due to the Jewish holiday. No other Saturday date has been scheduled. The permits are obtainable through the mail or by in person registration. Due to Saturday's closing, we have expanded our in person registration. We will accept applications Monday through Friday between 9:00 a.m. and 4:00 p.m. The application forms are available in the lobby at all times. Although the current permits expire on Tuesday, September 30, the Clerk has requested that the police department postpone enforcement of parking sticker renewal until Wednesday, October 15 which will allow a two week grace period for renewals.

Motion

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, President Butler.

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

Councilman Calogera: On Election Day there is a crowding in the hallway at the west campus because Ward IV has picked up a considerable amount of people due to redistricting. I have requested the Clerk to contact the school district to have the polling booths moved out of the narrow, pie shaped hall. It is very inconvenient for the voters. In-service day and Election Day coincided resulting in limited space for the voters to park. I ask that we direct the school district to reserve the front lot so that voters may have access to the polling place.

Deputy Clerk Ward: I have been in touch with the Board of Education and Richard Plantec of the Board of Elections. They are working on this, but we don't know if we can move the polling place elsewhere. We are surveying the poll workers. It is not easy to move a polling area. The Board of Elections has the final say, and they have asked us to reach out to the poll clerks. We have gone to the school who will work with us if they can.

Councilman Calogera: We are not looking to move the polling place; we are looking to move the election machines from the narrow hallway into a gym or some other area that is more convenient.

Councilwoman Panos: I am the chairperson of the community development workshop, and I was consulted about the workshop of September 24, and I see that this has been rescheduled to October 8. I wish I would have been consulted because it happens that on October 8 I am not available. I will speak to the Clerk tomorrow after I review my calendar. Next time, please consult me.

Deputy Clerk Ward: When I spoke to you last week, you told me that Wednesdays and Fridays were good for you.

Councilwoman Panos: After we confirmed the 24th, I made arrangements for something on the 8th.

Deputy Clerk Ward: The finance department will be away at a conference.

Councilman Calogera: I have a question about the appointments. We have numerous people who have two committees they are chairing. Where was the input; I was not asked what I wanted to sit on nor chair.

Vice President Butler: You will have to wait until President Butler returns.

Report of the Attorney

Councilman Greene: I would like the current status of the investigation that the council by majority vote asked the township attorney to pursue relating to the zoning board approval of the billboard.

Attorney Ruggierio: Our office received a two page letter from Mr. Convery, the attorney for the zoning board in which he raised several issues relating to his thinking about my request for voluntary statements from the zoning board members. He gave certain opinions that I don't necessarily agree with, but I formulated a response which is being prepared to go out to Mr. Convery. To the extent that any zoning board member voluntarily cooperates (the council gave me the authority to get voluntary statements) I will report those statements to the council. To the extent that they follow Mr. Convery's advice, we may not get that many statements.

Councilman Greene: I asked the attorney for a copy of Mr. Convery's letter. My position is that I don't believe that there is anything in the land use law which prevents elected officials from seeking information from appointees to a board. I would like the attorney to vigorously pursue the meetings with the zoning board members and any township official whom he deems appropriate. I would like the attorney to give us an update at the next meeting because I believe this is an important issue which . . .

Vice President Redmond: Can't you call the attorney during the week; you have to do this at every meeting?

Councilman Greene: It is important for the residents to know what is going on. This is more than me and the attorney; this is an elected official and the residents of Old Bridge.

Councilman Baker: Are the zoning board meetings public?

Attorney Ruggierio:: The zoning board meetings are public.

Councilman Baker: Are the minutes of the meeting public?

Attorney Ruggierio: Yes.

Preliminary public comments to the council.

Amelia Pellicone (26 Heather Drive): On September 8, when Councilman Greene questioned the attorney about the billboard issue, I was appalled when the other council members started yelling and screaming and walked off the dais. The TV operator was instructed to turn off the transmission. That is lack of respect. A variance was granted for the billboard, and other towns are being investigated with respect to political influence. I hope that will not be the case in Old Bridge.

Arlene Benson (22 Oakland Court): I have a problem which I have tried to resolve with the road department. Our street was graded improperly - the water runs below my driveway leaving the apron eroded and my driveway is damaged. There is no sewer drain at the end of my street. The road department has been promising to check it out. I sent a letter to the head of the road department. The response was that they acknowledged the problem, but there is no money to repair it.

Vice President Redmond: Inquires whether Mr. Vincenti is familiar with this problem.

Mr. Vincenti inaudibly responds from the audience.

Vice President Redmond: Suggests that Ms. Benson and Mr. Vincenti confer on the problem.

Richard Carlson (50 Shadowlawn Drive): We have an on going problem with the people from the Stratford apartments who use the bus which stops at the municipal complex. We have had an abundance of various types of trash strewn about. A resolution may be to get the bus diverted to Rt. 9. These people are coming through all different times of the day and night. My daughter has had comments passed to her. I need to know whom I can speak to. This situation has worsened over the last few months. None of the people using the bus are from our development; they are strictly from the apartments.

Mayor Cannon: Mr. Carlson is referring to a problem with a walkway that runs in back of the tennis courts on our property.

Vice President Redmond: Can we have the police department look in to this?

Mayor Cannon: The Chief will check this out, and Tom Badcock will keep the area clean.

Mr. Carlson: I cannot tolerate this from people who don't live in our development.

Mayor Cannon: They live in our town.

Mr. Carlson: I would like the bus diverted to the front of their apartments.

Mayor Cannon: That walkway is for access to the municipal complex and the tennis courts - not just for the bus.

Councilman Baker: I ask the Clerk to add this to the next agenda meeting. This problem in the Arbors needs to be resolved.

Mr. Cappitelli: I echo Mr. Carlson. The people that you say are township residents do not use the pathway to go to the tennis courts. I have not seen tennis rackets, but bottles of beer, etc. that are discarded and thrown over my fence. My wife picked up a garbage bag filled with all type of liquor bottles. I don't want to pick up after them; it is the township's responsibility. We erected a fence, and they took it down. We asked to have someone close the gate and lock it. That never happened. There has to be something done.

Councilman Baker: What are the hours of the tennis courts?

Mr. Badcock: These gentlemen are correct when they say that most of the people coming through are going to the bus stop. I would suggest that maybe the council and the Mayor poll the transit company to see if they can get another stop. These are not people coming to play tennis. I don’t know what hours the bus runs at night.

Councilman Baker: Is there a possibility that we can lock that gate?

Mr. Badcock: I don't know that if legally you can lock a gate and close the complex to resident foot traffic. These are not residents coming to the police station, the tennis courts or the civic center or the library. The majority is coming to catch the bus, and they are coming down past the Arbors from the apartments.

Councilman Baker: I would be willing to chair a committee. Please leave your names, and we will have the Chief of Police, administration and Mr. Badcock resolve the problem. We will keep this on the agenda until this problem is resolved.

Mr. Badcock: I think these gentlemen are not suggesting that we eliminate a bus stop, but that we add a bus stop. The people who most use the bus are those from the apartments. This is an inconvenience for them also.

Councilman Calogera: How wide is this property that runs between these residents' properties?

Mr. Badcock: It is about a thirty foot fence. Even if a fence were installed, they are going to cut it down.

Councilman Calogera: Are there residents on both sides of the walkway? How about vacating that walkway and have the residents purchase it? Let the residents move their fences.

Councilman Baker: Can you be on this committee?

Councilman Calogera: No problem.

Mayor Cannon: The number of people using the bus has accelerated over the last three years. Prior to that we received complaints because children were using that (walkway) to come to the complex. The complexion as to who is using it may have changed, but there have been problems with noise and debris.

Councilman Baker: I am the person you want involved in this, and I will not let it go until we resolve this problem. This will appear on every agenda until it is resolved.

Steve Nessel (438A Mapleview Drive): I bring to the attention of the council that another winter is approaching, and I have to do something with the handicap spots where we park which are always flooded and turn into a sheet of ice. The landlord is unwilling to do anything about it. The owner does not want gutters. There are three inches of water at your door with each rain.

Vice President Redmond: Let's send code enforcement there.

Mr. Nessel: I have submitted photos (to the landlord), and I brought this to Mr. Butler's attention two years ago.

Councilwoman Panos: I know that engineering has requested that this be put in writing, and we will have them follow up on this.

Mr. Nessel: The Mayor has tried to communicate with Mr. Bender (the landlord); he does not respond to anyone.

Vice President Redmond: Code enforcement will summons the landlord.

Mr. Rao: Criticized Councilman Greene for his failure to reduce taxes.

Public comments limited to items listed on the Consent Agenda. Seeing no hands Vice President Redmond closed this portion.

Hearing

1. Adoption of the 2003-2004 Budget - Carried until state aid application is resolved.

2. Commerce Bank ( Block 9000, Lot 44.11) release/reduction performance guarantee - Postponed

3. Goddard School Old Bridge, 527 LLC.

Mr. Vincenti: The Goddard School sits on the site of the old Boyd's Nursery which was half constructed. They posted a bond for $17,588.00. Everything has been done to our satisfaction. I am recommending a bond release subject to posting a two-year maintenance guarantee in the amount of $2,638.26.

Mr. Whiteman (Heilbrunn firm): On behalf of the applicant we accept the recommendations of your engineer.

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

Motion

to release the performance guarantee of the Goddard School Old Bridge subject to the posting of a two year maintenance bond in the amount of $2,638.26 made by Councilman Calogera, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, President Butler.

ABSENT PODIUM: Councilman Baker.

Hearing

1. Budget

Councilman Calogera: I realize that we have a request to carry this until state aid applications are resolved, but I was in contact with the Deputy Commissioner to set up a date when we can meet there. I have not been contacted by them. I want to know if the mayor or the finance officer has been contacted with a date.

Mayor Cannon: I have spoken to the chief of staff of the DCA, and I will follow up again tomorrow. I asked to have us make a presentation with the commissioner. I don't believe we have heard anything. We have had a number of people making requests. Matt Watkins is no longer there. We have had our legislators attempting to get us an appointment.

Councilman Calogera: I want to voice my dissatisfaction with dealing with the state on this issue. Last year we should have gotten more money than we did, and this year we can't even get a meeting. I am dissatisfied with the response on the part of the DCA. If we don't receive an answer within the week, we should send a council letter voicing our dissatisfaction with the way they are treating us.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 46-03

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE PROHIBITING THE USE OF ANY RECREATIONAL MOTORIZED VEHICLES AND ALL TERRAIN VEHICLES ON ALL PUBLICLY OWNED PROPERTY AND PRIVATELY OWNED PROPERTY WITHOUT THE EXPRESS PERMISSION OF THE OWNER OR OCCUPANT.

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 Township finds that the operation of such motorized recreational vehicles has previously been conducted in a manner so as to disturb the peace, quiet and tranquility of others and in a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety of others or the property of others. This Ordinance proposes to regulate their use.

SECTION 2: RESTRICTIONS ON USE

No person shall operate any recreational motorized vehicles, including but not limited to snow mobiles; two wheel vehicles known as mini-bikes, trail bikes; motor scooters; three or four wheel motor vehicles known as all terrain vehicles (ATV’s) and four wheel motor vehicles known as go-carts, under the following circumstances.

a. On the private property of another without the express permission of the owner or occupant of the property.

b. On any public grounds or lands owned by the Township, excluding streets the use of which is expressly provided for by the New Jersey statutes.

c. In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.

d. In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety or property of any person, including the operator of the vehicle.

SECTION 3: EXCEPTIONS

The terms and provisions of this chapter shall not be applicable to police or other emergency vehicles, including but not limited to ambulances, motorcycles, fire control vehicles and the like, or to motorized lawn mowers, tractors or farm vehicles or construction equipment.

SECTION 4: CONFISCATION

The Old Bridge Police Department is hereby authorized to confiscate and impound any recreational motorized vehicle or ATV operated in a prohibited area or in a prohibited manner in violation of the terms of this chapter. The recreational motorized vehicle or ATV shall be returned to the owner thereof upon payment of any fine imposed as a result of a violation of this chapter or upon the direction of any court, except that a second or subsequent violation shall result in the forfeiture of such vehicle.

SECTION 5: VIOLATION AND PENALTIES

Any person who violates any of the provisions of this chapter shall be, upon conviction, fined the sum of not less than $250.00 nor more than $1000.00 and shall be subject to a period of community service upon such terms and in such form as the court may deem appropriate.

SECTION 6: INCONSISTENT ORDINANCES

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

SECTION 7: PARTIAL INVALIDITY

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

SECTION 8: EFFECTIVE DATE

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

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

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, President Butler.

Vice President Redmond opened a public portion.

Mr. Springer: Children speed on motorized scooters on Trans Old Bridge Road. Accidents are bound to happen. I have never seen the police patrol that area although I have called to report automobile speeding.

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

Vice President Redmond: There is no question that these scooters are dangerous. My problem is that they are still for sale, and no one is told that you are not allowed to drive them on the streets. Can we have the stores post a sign stating that Old Bridge has an ordinance prohibiting the use of these scooters?

Councilman Baker: This is a parent control. Parents should know that this is illegal in Old Bridge.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 47-03

ORDINANCE ADOPTING AN ATHLETIC CODE OF CONDUCT AND A COACHES CODE OF ETHICS GOVERNING COACHES, PARTICIPANTS AND ATTENDEES OF YOUTH SPORTS TEAM EVENTS WHICH ARE FUNDED BY OR HELD ON PROPERTY OWNED BY THE TOWNSHIP OF OLD BRIDGE

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

Section 1. Purpose

The purpose of this Ordinance is to formally adopt a procedure whereby the Athletic Code of Conduct and Coaches Code of Ethics, governing coaches, participants and attendees of youth sport team events funded by or held on property owned by the Township of Old Bridge, can be enforced.

Section 2. Youth Sports Athletic Code of Conduct

Youth sport team organizations that are funded by or hold games on property owned by the Township of Old Bridge shall adhere to the Athletic Code of Conduct and the Coaches Code of Ethics as adopted by resolutions on August 11, 2003. Ten copies of the Athletic Code of Conduct and the Coaches Code of Ethics shall be filed with the Township Clerk and the Township Director of Parks and Recreation in accordance with the filing requirements of NJSA 40:69A-181

Section 3. Definitions

As used in this Ordinance, the following terms shall have the meaning as indicated

ATHLETIC CODE OF CONDUCT – A written specification of behavior of the parents, guardians, attendees, coaches and officials at youth sports activities, prepared by the Township of Old Bridge, which will incorporate the terms of the within chapter and must be consented to in writing by the parents and legal guardians of the minor participants of each youth sports activity.

COACHES CODE OF ETHICS – A written specification of behavior of the youth sport coaches during youth sports activities, prepared by the Township of Old Bridge, which will incorporate the terms of the within chapter and set forth ethical guidelines for all coaches which must be consented to in writing by every coach of a youth sports team.

YOUTH SPORTS ACTIVITY – Any sports organization which is affiliated with or receives monetary or other support from the Township of Old Bridge or which regularly utilizes any facilities owned, operated or maintained by the Township of Old Bridge, which participates in sporting competitions involving minors.

YOUTH SPORTS EVENT – Any competition, practice or instructional event involving one or more youth sports activities.

Section 4. Adherence to Athletic Code of Conduct

Every youth sports activity in the Township of Old Bridge shall be required to follow the Athletic Code of Conduct and the Coaches Code of Ethics as adopted by resolutions on August 11, 2003.

Section 5. Enforcement

Each youth sports organization shall be charged with enforcing the provisions of this ordinance at their youth sports event. The Director of Parks & Recreation shall have the final review and disposition on any appeals taken as a result of an organization’s enforcement practice.

Section 6. Prohibited Acts; Penalty for Violations

Youth sport teams organizations which are funded by or hold games on property owned by the Township of Old Bridge may ban the presence of a person at a youth sports event in accordance with the following guidelines:

A. A coach, parent, player, participant, league official or other youth sports event attendee who violates one or more of the provisions contained in the Athletic Code of Conduct may be banned from attending, coaching or participating in at least one youth sports event if the person:

1. Has been issued a prior written warning for violating one or more of the provisions contained in the Athletic Code of Conduct.

2. Violates the Athletic Code of Conduct by engaging in verbal or physical threats or abuse aimed at any coach, parent, player, participant, league official or any other attendee.

B. Any such person who violates the Athletic Code of Conduct by initiating a fight or scuffle with any coach, parent, participant, league official or any other attendee will be banned for one (1) calendar year from the time of infraction.

Section 7. Authority to Remove Violators from Premises

Any parent, official, coach or spectator at any youth sporting event shall be subject to the authority of all field officials, including umpires, referees and elected league officials or coaches of the youth sports activity. This authority shall also include any youth teams practice or instructional event, and such authority shall include the authorization to direct any person or persons involved in any incident in violation of this chapter or applicable code of conduct to immediately remove themselves from premises.

Section 8. Violation Procedures and Appeal Hearing

A. Upon determination by the highest ranking official and the governing Board of the youth sports organization that a parent, guest, spectator, coach or official at any youth sports event sponsored by such youth sports has violated a provision of this chapter or the code of conduct of the youth sport activity, the Director of Parks & Recreation shall forward to such violators a notice via regular and certified mail, identifying the date, location, nature of violation and the period of the banning or other action to be taken in response to such violation.

B. Any person receiving such notice who wishes to contest same shall appeal to the Old Bridge Township Director of Parks & Recreation within 7 calendar days of the mailing of said notice by forwarding a copy of said notice with a written request for appeal, specifying setting forth the basis of such person’s contest of the notice of violation, via personal delivery, fax or certified mail to the Director of Parks & Recreation at the address specified.

C. Upon receipt of such appeal the Director of Parks & Recreation shall schedule a hearing within 7 days and provide an opportunity for said person and any interested person or persons to appear an be heard with respect to the occurrence of any violation and action taken by the Director.

D. The Director shall review statements, firsthand accounts and any other pertinent information or documentation relevant to the violation and may sustain, overturn or modify the notice of violation consistent with this chapter or the code of conduct.

E. Any person while appealing his/her violation of the code of conduct shall be reinstated with full rights and authority until such time that a determination and disposition of his/her appeal has been made.

F. All notices of violation and banning or other actions shall remain in effect until overturned or modified by the Director of Parks & Recreation.

G. In the event any notice of violation is not appealed within 7 days of such notice, said notice of violation and action taken by the official Director, including banning from youth sports events or other action taken, shall become final.

Section 9. Anger Management Counseling for Violators: Permission to Resume Participation

A. A youth sport team organization shall require a person banned pursuant to the provisions of Section 6B. above, to complete an anger management-counseling program at their own expense, consisting of not less then 12 hours on instruction and shall provide proof of satisfactory completion to the Director of Parks and Recreation.

B. A coach, parent, player, spectator or league official or other youth sport event attendee may attend, coach or participate in a youth sports event from which the person has been previously banned one year, if the person:

A. Provides a written request for permission to resume participation or attendance to the youth sports team organization which issued the ban, after the one year ban has expired.

B. Provides a written apology to the youth sports team organization to which issued the ban, and to the person or persons who are the subject of the behavior which constituted the violation of the Code, as directed by the youth sports team organization.

Section 10. Failure to participation in Athletic Code of Conduct or Coaches Code of Ethics.

Any youth sports team organization that chooses not to participate in the Athletic Code of Conduct or the Coaches Code of Ethics, as adopted by resolutions dated August 11, 2003 and as enforced by this ordinance, shall not receive Township funding, Township liability coverage nor will they be permitted to use Township property, facilities for their program.

Section 11. 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 12. 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 13. Effective Date.

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, President Butler.

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

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 48-03

ORDINANCE GRANTING A UTILITY EASEMENT TO OBMUA AT THE INTERSECTION OF MARLBORO ROAD AND EAST GREYSTONE ROAD ON PROPERTY CURRENTLY OWNED BY THE TOWNSHIP OF OLD BRIDGE KNOWN AS PART OF LOT 67.11, BLOCK 20000 AS REQUIRED BY WATER STORAGE TANK RELOCATION

WHEREAS, the Township of Old Bridge owns property known as Block 20000, Lot 67.11 at the intersection of Marlboro Road and East Greystone Road; and

WHEREAS, due to the relocation of a water storage tank, it is necessary for the Township of Old Bridge to grant an easement to the OBMUA; and

WHEREAS, a legal description of the utility easement has been prepared by the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:

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 grant a utility easement to the OBMUA at the intersection of Marlboro Road and East Greystone Road on property owned by the Township of Old Bridge known as Block 20000, Lot 67.11.

SECTION 2: ORDINANCE

The Township of Old Bridge hereby grants a utility easement over a portion of Block 20000, Lot 67.11, and more fully described in the document Description of a Utility Easement to the OBMUA Lands Currently Owned by the Township of Old Bridge part of Lot 67.11, Block 20000 in the Township of Old Bridge, Middlesex County, New Jersey, on file with the Township Clerk.

The utility easement is contingent upon the filing of an executed deed of easement and right-of-way granting an easement and right-of-way to the Old Bridge Municipal Utilities Authority. Such easement must be accepted by the OBMUA in order to be valid.

A true copy of this Ordinance, together with proof of publication, shall be filed with the Middlesex County Clerk within sixty (60) days of the effective date of this Ordinance.

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

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

NAYS: Councilman Greene.

ABSENT: Councilmen Hoff, Testino, President Butler.

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

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 49-03

AN ORDINANCE AMENDING FEE ON REDEEMED LIEN CANCELLATION FEE

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 amends Township Ordinance No. 32-96 to change the fees charged by the Township of Old Bridge for redeemed lien cancellations.

Section 2. Ordinance

The following fees shall be charged by the Township of Old Bridge for :

8. Tax Office
G. Redeemed lien cancellation fee - $17.00

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 40A:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, President Butler.

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

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 50-03

AN ORDINANCE REGULATING SMOKING IN PUBLIC BUILDINGS WITHIN THE TOWNSHIP OF OLD BRIDGE AND ASSESSING OF PENALTIES FOR VIOLATION THEREOF

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 Surgeon General of the United States has determined that cigarette smoking has been causally linked to lung cancer, arteriosclerosis and coronary heart disease, chronic obstructive pulmonary disease and other conditions that constitute a wide array of serious health consequences.

The State Legislature has found that in those places affected by NJSA26:3D-1 et seq, the right of the nonsmoker to breathe clean air should supersede the right of the smoker to smoke. In addition to the deleterious effects upon smokers, tobacco smoke is 1) at lease an annoyance and a nuisance to a substantial percentage of the nonsmoking public, and 2) a substantial health hazard to a smaller segment of the nonsmoking public.

It is the purpose of this ordinance to protect and preserve the health and comfort of the general public and municipal employees in all Township owned or leased buildings and facilities.

SECTION 2: SMOKE FREE PUBLIC FACILITIES

It is the policy of the Township of Old Bridge that all Township owned or leased buildings and other general facilities shall be smoke free at all times to protect and preserve the health and comfort of the general public and then employees from the toxic and annoying effects of tobacco smoke, and also to protect life and property from fire. It is hereby determined that although some areas of buildings and facilities are not generally accessible at all times to the general public, there are no portions of any Township owned or leased buildings or other facilities to which some members of the public or some employees are legally prohibited from entering. Accordingly, smoke is prohibited in all offices, corridors, hallways, rooms and all other portions of all Township owned or leased buildings and other facilities in order to protect the right of every person to breathe clean air.

SECTION 3: SMOKING PROHIBITED

Smoking is hereby prohibited in all Township owned or leased buildings and other facilities.

SECTION 4: ENFORCEMENT

The enforcement authorities of this section shall be the Old Bridge Township Police Department and the Health Officer of the Township of Old Bridge and his or her respective designees. The Mayor may establish municipal regulations to clarify or carry out the purpose of this section or for the fair and uniform enforcement of this section to insure smoke free public facilities in the Township.

SECTION 5: PENALTIES

Any person who violates the provisions set forth in this section or any regulation , rule or procedure duly promulgated pursuant hereto shall upon conviction thereof be punishable by a fine not to exceed one hundred ($100.00) dollars. Any Township employee who shall violate these provisions shall also be subject to disciplinary action.

SECTION 6: SEVERABILITY

A. If any chapter, subsection or paragraph of this Ordinance is declared to be unconstitutional, invalid or inoperative in whole or in part by a Court of competent jurisdiction, such chapter, subsection or paragraph shall due to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect and no such determination shall be deemed to invalidate the remaining chapters, subsections or paragraphs of this Ordinance.

B. This Ordinance shall be liberally construed for the protection of the health, safety and welfare of the people, the citizens of the Township of Old Bridge.

SECTION 7: 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 8: PARTIAL INVALIDITY

SECTION 9: EFFECTIVE DATE

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

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, President Butler.

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

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

Councilwoman Panos: Have we clarified if this (ordinance) included the fields?

Vice President Redmond: Does this mean that they cannot smoke on the athletic fields?

Attorney Ruggierio: If you want to put in a definition as to what you mean by "facilities", I think it would be a non-substantive amendment clarifying what the term means to you as a legislative body. If we want to limit this only to buildings, which is what appeared to being said, the word "facilities" is surplus. We might say that when we speak of "facilities", we are referring to facilities that are adjacent or supportive of public buildings. We are not talking about independent facilities such as sports fields; we are talking about facilities that are contiguous and adjacent as an accessory to public buildings.

Vice President Redmond: Does this mean that you can no longer smoke on the square in front of the building?

Attorney Ruggierio: This ordinance provides for there to be designated areas.

Councilman Calogera: The only restriction is inside physical buildings as to not smoking. What about the exterior of the buildings in open space?

Vice President Redmond: This ordinance comes from administration.

Attorney Ruggierio: If council were inclined to say that we only want this to apply to the interior of buildings, you could say that, but we would have to readvertise.

Mayor Cannon: The intent is to enforce no smoking in our buildings.

Vice President Redmond: Are you saying that you can smoke outside the buildings? If you want to stop it outside, I have no problem.

Mayor Cannon: I think it (smoking) should only be allowed in designated areas, but definitely (not) in the building. We were having trouble enforcing it in our building with our own employees.

Vice President: Can we remove the "facilities" and leave it "buildings"?

Attorney Ruggierio: That would be a substantive amendment. Amend it; we will readvertise it and have it come up for second reading next meeting.

Councilwoman Panos: As long as the clarification of "facility" means a building .

Vice President: Can we vote on this and put a definition in later?

Attorney Ruggierio: We can put a definition in now if it is what Lucille said. She basically said that when the ordinance uses the word "facilities" it refers to facilities on the interior of any building. We can add that definition.

Councilman Calogera: We don't need any designated areas inside a building for smoking.

Councilman Baker: I don't think we need twelve people running out at lunch time and smoking in front of the building. I would leave this as is and leave it on the whole complex.

Motion

to adopt Ordinance No. 50-03 as is made by Councilwoman Panos, seconded by Councilman Calogera. No vote taken.

Councilman Calogera: We have two different things on the floor. We need a clarification. Ms. Panos is saying (no smoking) inside buildings; Mr. Baker is saying on the entire facility - even outside.

Vice President Redmond: Does administration want it to say on the whole facility?

Mayor Cannon: We want it (no smoking) in the building, and I think it can apply to the bathrooms at the soccer fields, etc.

Vice President Redmond: We are voting on this "as is".

Consent Agenda

RESOLUTION NO. 508

GRANTING PERMISSION FOR ST. AMBROSE TO HOLD A FIREWORKS DISPLAY ON SEPTEMBER 26, 2003 (RAIN DATE SEPTEMBER 27, 2003)

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

WHEREAS, St. Ambrose has requested permission to have a fireworks display conducted by International Fireworks Serpico International on September 26, 2003 (rain date September 27, 2003); and

WHEREAS, the Township Council wishes to endorse and permit a fireworks display at St. Ambrose Church.

NOW, THEREFORE, BE IT RESOLVED, that the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey, hereby, approves the fireworks display contingent upon receipt by the Township Clerk of a Certificate of Liability Insurance for $1 million covering the dates of the display and upon receipt of a permit from the Fire Official from Fire District No 3.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, President Butler.

RESOLUTION NO. 509

AUTHORIZING CANCELLATION OF TWO CDBG MORTGAGES OF PATRICK AND FRANCES LISA

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

WHEREAS, a Community Block Development Grant (CDBG) Mortgage was entered into by Patrick and Frances Lisa with the Township of Old Bridge for premises known as 7 Bates Court, Parlin, NJ 08859 (Block 5000.28, Lot 27); and

WHEREAS, the two CDBG Mortgages were in the amounts of $6,048.00 and $10,380.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the two CDBG Mortgages in the amount of $6,048.00 and $10,380.00 are hereby cancelled. The Township Council authorizes the Mayor and Clerk to execute the discharge documents.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, President Butler.

RESOLUTION NO. 510

AWARDING CONRACT NO. 03-04 FOR CHEESEQUAKE VILLAGE WINDOW REHABILITATION TO TRI-STATE BUILDING MATERIALS

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

WHEREAS, the Township of Old Bridge advertised and received bids for Contract No. 03-24 for window rehabilitation for Cheesequake Village; and

WHEREAS, bids were received and opened on September 10, 2003; and

WHEREAS, the Township Council wishes to award the contract for window rehabilitation to the lowest responsible bidder; and

WHEREAS, the Township Engineer has recommended that a contract be awarded to Tri-State Building Materials, Inc., 65-89 Lodi Street, Passaic, New Jersey 07055, as they submitted the lowest responsible bid.

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

1. Tri-State Building Materials, Inc. is hereby awarded a contract in the amount of $51,700.00 for window rehabilitation.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No.1181 certifying the existence of a sufficient appropriation to fund the said contract.

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

This resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, President Butler.

RESOLUTION NO. 511

AUTHORIZING A TEMPORARY BUDGET APPROPRIATION IN THE AMOUNT OF $3,277,923.00

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

WHEREAS, there will be a delay in the adoption of the 2004 Township of Old Bridge, County of Middlesex, 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 N.J.S.A. 40A:4-20, an emergency temporary appropriation be and same is hereby made for in he amount of $3,277,923.00 and that said emergency temporary appropriation shall be provided in full in the 2004 budget.

Current Budget
Other Expenses $3,202,923.00
Arena Utility
Other Expenses 75,000.00

TOTAL $3,277,923.00

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, President Butler.

RESOLUTION NO. 512

AWARDING CONTRACT NO. 03-27 TO PABCO INDUSTRIES LLC FOR BIODEGRADABLE LEAF BAGS

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

WHEREAS, the Township of Old Bridge advertised and received bids for Contract No. 03-27 for biodegradable leaf bags; and

WHEREAS, bids were received and opened on September 18, 2003; and

WHEREAS, the Township Council wishes to award the contract for biodegradable leaf bags to Pabco Industries LLC located at 166 Frelinghuysen Avenue, Newark, NJ 07114.

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. Pabco Industries LLC is hereby awarded a contract for biodegradable leaf bags in an amount not to exceed $27,120.00.

2. Pabco Industries LLC will provide the Township of Old Bridge with biodegradable leaf bags as specified in the bid.

3. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No.1183 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, President Butler.

RESOLUTION NO. 513

REQUESTING A DOT NOISE LEVEL STUDY AND SUPPORTING DOT BARRIERS ON ROUTE 9 IN OLD BRIDGE TOWNSHIP OPPOSITE FREDERICK PLACE/CINDY STREET

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

WHEREAS, the residents of Old Bridge who live on Frederick Place and Cindy Street on Route 9 are having their quality of life impacted by increased traffic volume and noise levels on Route 9; and

WHERES, Route 9 is one of the most heavily traveled corridors in the State of New Jersey and with the expansions over the years, there has been no consideration given to the existing residents of Frederick Place/Cindy Street whose homes literally sit on the highway; and

WHEREAS, Frederick Place/Cindy Street are older residential areas that should be considered for noise mitigation prior to the installation of sound barriers where there are no homes in the immediate vicinity; and

WHEREAS, the NJDOT is now building new highways and installing sound barriers where there are no homes within a considerable distance; and

WHEREAS, the Township Council requests the NJDOT to perform noise level studies at Route 9 and Frederick Place/Cindy Street and determine whether sound barriers are requisite in this case.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that they support the installation of sound barriers along Route 9 and Frederick Place/Cindy Street and request the NJDOT to conduct the appropriate study and give this matter their immediate consideration.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, President Butler.

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

Councilman Calogera: We have a problem with many homes along Rt. 9 and Frederick Place with their backyards facing Rt. 9. We have once again been ignored by the DOT because they don't have money. This resolution requests the State to install barriers along Rt. 9.

RESOLUTION NO. 514

AUTHORIZING THE VACATION OF A TEMPORARY CONSTRUCTION EASEMENT LYING ON AND ACROSS LOT 5, BLOCK 13264.25 ON THE TAX MAP OF 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:

1. The Township Council hereby authorizes the vacation of a temporary construction easement lying on and across Lot 5, Block 13264.25 on the Tax Map of the Township of Old Bridge more commonly known as 15 Morningside Drive. The sketch attached to the resolution depicts the temporary easement used as a construction cul-de-sac in 1963.

2. This resolution is subject to the following requirements:

A. Submission of a legal description by the Township Engineer showing the area to be vacated. Said description is as follows:

Beginning at a point in the northerly ROW line of Morningside Drive having a 50' ROW. Said point also being N 60°-01-49"E and 100.82' from the common lot line of Lot 4 and 5 in Block 13264.25 Thence (1) on a curve to the left having a radius of 25.00', a distance of 30.65' to a point thence (2). On a curve to the right having a radius of 49.00', a distance of 137.05' to a point thence (3) S 60°-01'49" W 118.65' to the point and place of beginning.

B. The submission of a document in recordable form prepared by the legal department showing the easement area being vacated and the recording of the same with Middlesex County.

3. The Mayor and Clerk be and hereby are authorized to execute any and all documents necessary to implement the terms of this resolution.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, President Butler.

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

Councilman Greene: I would appreciate a quick overview.

Mr. Vincenti: At the end of Valley Vale Estates there was put in temporarily a cul-de-sac on Morningside Drive. Morningside Drive has since been extended well beyond the pavement, and the temporary cul-de-sac has been removed. We are removing the restriction on the resident's lot which is no longer required and needs to be vacated.

RESOLUTION NO. 515

SUPPORTING THE OLD BRIDGE PUBLIC LIBRARY LIGHTING PROJECT AND DEPARTMENT OF COMMUNITY AFFAIRS STATEWIDE LIVABLE COMMUNITIES GRANT APPLICATION

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

WHEREAS, the Old Bridge Public Library needs to repair and upgrade its lighting system; and

WHEREAS, the Township Council has previously approved a resolution to replace the library's lighting system; and

WHEREAS, the New Jersey Department of Community Affairs has a Statewide Livable Communities Grant available which would provide a maximum of $75,000 to upgrade municipal public libraries which would greatly assist the library's lighting project.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, hereby endorse the library's lighting project and support the library's application for the Department of Community Affairs Statewide Livable Communities Grant which would be of benefit to local residents and citizens of New Jersey who utilize this library facility; and

BE IT FURTHER RESOLVED that the Township Clerk shall send a copy of this resolution to the State Department of Community Affairs and the Director of the Old Bridge Public Library.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, President Butler.

ABSENT PODIUM: Councilman Calogera.

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

Councilman Greene: It appears from the backup material that a grant is being applied for in order to come up with the additional money necessary for the library lighting. I am curious as to whether the library personnel have a sense as to how this is going to work out. I would like an indication as to when they will know if they are getting the grant.

Ms. Cyr: The application has been submitted, and we were told the grant awards would be made by the end of December.

RESOLUTION NO. 516

AUTHORIZING A CONCESSION CONTRACT WITH TRENTON QUICK CHECK, INC.

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

WHEREAS, the Township of Old Bridge has twice solicited bids for persons or entities to operate the ice arena food concession; and

WHEREAS, the attempt to solicit vendors has not resulted in any bids; and

WHEREAS, the Township Council wishes to negotiate and award the food concession to Trenton Quick Check, Inc.

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 Mayor and Clerk are hereby authorized to sign a contract with Trenton Quick Check, Inc. located at Six Connors Court, Sayreville, New Jersey 07772 for the food concession at the Old Bridge ice arena.

2. The basic terms of the concession shall be as follows:

(a) The vendor shall pay the Township $500.00 per month to operate the facility during the months that the ice skating operation
is being conducted; and

(b) The Township Attorney is hereby authorized to negotiate such additional terms as may be desirous and shall present a final written contract to the Mayor and Clerk to sign.

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

AYES: Councilmen Baker, Greene, Councilwoman Panos, Vice President Redmond.

NAYS: Councilmen Calogera, Maher.

ABSENT: Councilmen Hoff, Testino, President Butler.

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

Councilman Maher: I support this, but I was under the understanding that we were operating the arena at a deficit. Have we been operating the concession stand at a deficit?

Mr. Shah: The concession stand is included in the arena deficit, and we are trying to eliminate that. We don't have the ability to provide the supplies.

Councilman Maher: Have we been operating the concession stand at a deficit or is it the whole arena? Have we been losing money on the food and beverages?

Mr. Shah: We are losing money in the operation of the concession stand which was included in the total deficit of the arena.

Councilman Maher: I support this concept. What about insurance and a certificate of liability? Is this vendor going to be paying for the utilities - gas, electric and water? Did you do a business case? What are the terms of the contract?

Mr. Shah: We are looking toward a one-year contract. If the trial period is successful, they would want to extend it. We have no separation of the utilities for the kitchen area. There will be no separate billing for the utility. Insurance will be required.

Councilman Maher: I am concerned that we are sort of turning over the keys to this whole operation to Trenton Quick Check. Have you negotiated with them? Why won't they pay for the utilities?

Mr. Shah: We went out to bid for the concession stand operation twice with no response. We have been looking for vendors that have been working with other municipalities. We were fortunate to get someone who is willing to run the operation and will help us get established.

Councilman Maher: I need you to make me more comfortable with the $500 limit. Have you done an analysis?

Mr. Shah: If we were to not contract and not outsource, this would cost a lot more money to the township. My object is to reduce the deficit.

Councilman Maher: May I see the backup business case analysis? What about the salary and wages of the individuals?

Mr. Shah: We are not involved in the hiring process. We have negotiated working hours; employee costs are incurred by the operator.

Councilman Maher: How many part and full time employees do we have?

Mr. Shah: We have seasonal employees working six months, and depending on the timing, we have two to four staff members which is a significant cost.

Councilman Maher: Besides the fee of $500 we will receive monthly, what are our savings?

Mr. Shah: Our cost was salary.

Councilman Maher: What are the business case figures?

Mr. Shah: We were contacted today, and we have to open the arena today. Our next meeting is not until October 13. I suggest your calling me tomorrow. I have figures I can give you. By outsourcing and eliminating our cost relating to the operation, it will be a significant savings to us. In addition, we are generating minimal income and still providing food services at the arena?

Councilman Maher: I support this, but I would like to see the entire picture.

Discussion

1. 352 Shoreland Circle - purchase of walkway

Held for Mr. Hoff's return.

Reports

1. Town Center Project - status of any grants we have applied for and further development. Reports were furnished on September 8.

2. Smoking Ordinance - report of the number of violations and warnings year to date.

Councilman Maher: We received a report from Chief Collow, but I would like to review that with you off line.

Appointments

1. Rent Stabilization Board

RESOLUTION NO. 517

APPOINTING STEVE NESSELL TO THE RENT STABILIZATION BOARD AS TENANT-REGULAR FOR A TERM EXPIRING DECEMBER 31, 2005

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

Steve G. Nessell be appointed to the Rent Stabilization Board as a tenant-regular for a term ending December 31, 2005.

Moved by Councilwoman Panos, Seconded by Vice President Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, President Butler.

RESOLUTION NO. 518

APPOINTING EILEEN POWERS TO THE RENT STABILIZATION BOARD AS A HOMEOWNER REGULAR FOR A TERM ENDING DECEMBER 31, 2005

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

Eileen Powers be appointed to the Rent Stabilization Board as a Homeowner Regular for a term ending December 31, 2005.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, President Butler.

New Business.

Councilman Greene: As an elected official I want to respond to an official letter sent out by Council President Butler to thousands of residents who live in the apartments.

Councilman Baker: Before we comment on the letter, perhaps Mr. Greene would be so kind to read the letter to the audience.

Councilman Greene: This letter was clearly signed by Mr. Butler with his signature and title. "Many of you know that I have been a tireless supporter of tenants' rights during my tenure on the Old Bridge Township Council, and as a member of the Rent Stabilization Board. I have been happy to be there in times of need to assist in the many problems you may have had, and hope to continue to represent your interests and the interests of all tenants throughout Old Bridge.

I write to you today to ask for your help in assuring that I will be able to continue to help tenants here in Old Bridge. While my Ward III council seat is not up for election this November, it will nevertheless be an important election for Old Bridge tenants because the township will elect a new mayor. If we wish to be able to hold the line on future rent increases, then I need your help in electing Democrat candidate, Jim Phillips, as our next mayor.

Jim Phillips is a friend to the tenant, and his widespread experience as a certified municipal financial officer in his years as county treasurer make him superbly qualified to stabilize local taxes which ultimately affect rent levels. I ask you to vote for Jim Phillips for mayor on Election Day so that together Jim and I may continue to fight for tenants' rights and stop rents from spiraling upwards.

The Republican candidate in this election, Rich Greene, has shown his contempt for tenants in the past by voting against the cap on rent increases. As a landlord himself, Rich Greene earns income himself from properties he owns here in Old Bridge. He cannot help but put the interests of landlords before those of tenants.

The bottom line is that if you and every tenant don't come out to vote for Jim Phillips on Election Day, then we might be looking at larger rent increases in the future. If you are registered to vote, please help me to support Jim Phillips and tenants with your vote. If you or your neighbors are not registered, please contact me or call Old Bridge Democratic headquarters, and someone will help you."

I want to clarify that what Mr. Butler is referring to is a vote that I cast where I asked for a "zero" rent increase. I have the minutes of the meeting in order to prove it. I asked for a "zero" rent increase when Mr. Butler asked for a 2% increase.

It is with deep regret and sadness that I find myself in a position that I must ask for the resignation of Reginald Butler as council president. I have always considered Mr. Butler a friend and a leader on the Township Council. Unfortunately, his actions in the last couple of weeks have shown me that he should no longer serve in the capacity of council president. I no longer have the respect that I did while serving with him on the council.

At a council meeting held on September 8, President Butler permitted the meeting to recess abruptly and allowed that the television operator to be instructed to stop the transmission of a statement that I was reading. I am an elected official, and I have a right to question the approval of a variance by individuals who are appointed by the council. Were the actions of President Butler and his colleagues an attempt to hide information from the public, I believe so?

What disturbs me greatly is President Butler's abuse of power when he used his official township leadership position to lie about my efforts to protect tenants. He clearly has attempted to influence the upcoming election to use his position to lie about an important vote relating to tenant rent increases. The record clearly shows that I supported a "zero" increase for tenants while Councilman Butler voted for a rent increase of 2%.

Councilman Butler lied about my vote when he knew the truth. He is using scare tactics to distort the issue and influence the mayoral race in favor of Jim Phillips. He has frightened seniors and residents of apartments who need financial protection the most. Councilman Butler has become a puppet of the Democrat machine in Old Bridge and should resign. Is this the typical way that Mr. Phillips will run his campaign? I question Councilman Butler's character and ethics with regard to the two issues that I have highlighted, and I call for his resignation.

Public comments on any subject matter.

Mr. Valentino: Inquired about the report on minors smoking and when it was going to be made available to the public. Commended Chief Collow for his efforts on the smoking issues.

Mr. Pagnotta: Voices his objection to the curtailing of the monthly Saturday night senior bus.

Mayor Cannon: I was not aware that the bus was no longer being made available, and I will check on this. The township pays for this out of our budget.

Mrs. Springer: Referred to "Our Common Bond" as " respect for individuals; dedication to helping taxpayers; highest standards of integrity; innovation; teamwork." Makes reference to the meeting of September 8, 2003 wherein President Butler silenced Mr. Greene. Mrs. Springer points out that Mr. Greene is not just a council member; he was elected by the people of Old Bridge. He is also an individual living in Old Bridge.

Suggested that talk about respect and high standards of integrity should start with our councilmen themselves. Expressed her dismay that Mr. Greene was cut from saying what he wanted to, and that the television cameras were turned off. She contended Councilman Butler's behavior was disrespectful.

Mr. Springer: Informed the Township Council that several magazines and books relating to sociology are no longer available at the library. The magazines in the library cater to low intelligence levels!

Mr. McLaughlin (OBTV 14): I want to clarify the night in question and what standard practice is. I have heard it said and I have read it on several occasions that I was directed by Mr. Butler to turn the cameras off. That is not so. Our standard practice when we go to a recess is to turn the sound down and to focus on the sign, and that is what I did that night. I would have done the same thing if it were a Democrat speaking, Mr. Greene, or Mr. Calogera speaking. It is being made a political matter. I have a problem with that because I have spent a lot of time trying to keep the station non-political as possible, and I have been complimented for that. This was not an instruction from Mr. Butler. It was my decision. He called a recess; it went to silent; it went to the sign.

Councilman Greene: No one said you were instructed to turn it off. The meeting was recessed abruptly.

Mr. McLaughlin: The meeting was recessed abruptly. Mr. Butler cleared the dais.

Councilwoman Panos: What was in question was Mr. Butler's calling the recess abruptly. You were never in question.

Mr. McLaughlin: Mr. Butler never uttered one word about turning the camera off.

Vice President Redmond: As a matter of practice the camera was turned off.

Pete Trabucco: I don 't think the question was whether you did your job properly or improperly. The issue is how this went about. I would defend anyone on this council if the situation arose, whether political or non- political, is called respect for these individuals who work hard. Fourteen times a member of the public mentioned the name of one of the council members with respect to taxes. Councilman Redmond did a decent job of trying to get back on task, but this individual spent three minutes speaking about the same thing. The council cannot speak, yet when a person is told many times that they are out of order maybe this microphone should be turned off.

Mr. Nessel: With respect to the letter that Mr. Greene read. I don't know if it is right for an elected official to scare tenants to vote a specific way.

Councilwoman Panos: Has Mr. Springer request a specific book at the library?

Mr. Springer: No, but I want