Old Bridge Township, New Jersey - October 13, 2003 Minutes

A Combined Meeting of the Township Council of the Township of Old Bridge was held on October 13, 2003 in the Municipal Complex. The meeting was called to order at 7:38 p.m. by President Butler.

Moment of Silence.

President Butler requested a moment of silence in honor of the men and women serving in Middle East.

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 20, 2003 at 7:30 p.m.

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

RESOLUTION NO. 520

APPROVAL OF MINUTES

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

the following minutes are hereby approved:

August 11, 2003 - Combined Meeting

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

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

NAYS: None.

ABSTAIN: Councilman Hoff.

ABSENT: Councilmen Maher, Testino.

RESOLUTION NO. 521

APPROVAL OF MINUTES

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

the following minutes are hereby approved:

September 15, 2003 - Agenda Meeting

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

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

NAYS: None.

ABSTAIN: Councilmen Greene, Hoff.

ABSENT: Councilmen Maher, Testino.

RESOLUTION NO. 522

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 October 13, 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 October 13, 2003as 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 $10,847,442.94 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilmen Maher, Testino.

RESOLUTION NO. 523

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 Hoff. Seconded by Councilman Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Maher, Testino.

RESOLUTION NO. 524

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of October 13, 2003as 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 $35,425.47 (Overtime).

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

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

NAYS: None.

ABSENT: Councilman Maher.

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

Councilman Greene: I have voted "no" for overtime out of principle because I felt that in the police department initiatives could have been taken to stop the rampant increase in overtime. I congratulate the new Chief for starting a new effort. I am going to support him, and I appreciate Barbara Cannon appointing him, and I will be glad to vote "yes" to overtime.

Councilwoman Panos: I reiterate that, and want the public to know that most of us on the council received a comparison list from the police overtime from last year to the police overtime of this year. Since Chief Collow was appointed in August. He managed the police department with a savings of $30,000 in overtime. In September we had major crimes, schools opened, etc. and still Chief Collow managed to lead our police department with a savings in over $20,000. The old regime of the past police administration is over. This is the future of our police department. Thanks to Chief Collow.

Councilman Calogera: I have been vocal in voting against overtime because I believed that it was not warranted. I am glad to see that the overtime is being curtailed, and I look forward to making some investment in police equipment and vehicles that the police department seriously needs, and I am glad to see that we are getting money freed up within the overtime budget and addressing technology needs also.

Councilman Hoff: I voted "no" on overtime repeatedly for the last four years which I suppose most of which was in the police department. I wish the new chief the best, and I applaud him for what he has done already. The people in my area are very content with the safety and beauty of the beachfront. I hope that with the new plan that is being addressed that they have not forsaken those plans to safeguard the beach and to keep it safe for the people who walk and ride there. I would suggest that rather than to kill the overtime with the police, we employ more specials or go to a ranger system. I asked administration and the police department to look into those avenues before cutting back the security that has been provided for so well. We want to guarantee the people that they will be keep safe.

Mayor Cannon: I also commend the chief on his excellent performance during the last couple of months of reducing the overtime. I assure Councilman Hoff that the chief had arranged for adequate coverage even though it is not being given in the same format and that he is working closely with the county for other alternatives some of which you have suggested. I believe that he is very cognizant about keeping a police presence and keeping it in balance to provide coverage for the rest of the community.

Councilman Redmond: I always voted "yes" on the overtime because it was already worked. I would like to commend the chief because he is doing a great job curtailing the overtime.

President Butler: I voted "yes" on overtime because I feel that if people work overtime, they need the money to do whatever they want to do. The federal law says that you have to vote and pay people overtime. I would like to commend the chief for the short time that he has been in and has saved us $50,000. That has to do with the whole police department as well as the chief.

RESOLUTION NO. 525

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

NOW, THEREFORE, BE IT RESOLED by the Township Council of the Township of Old Bridge that the bill listing of October 13, 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 $660,783.21 (Payroll).

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 526

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

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

NAYS: None.

ABSENT: Councilman Maher.

Report of the Clerk.

MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, TOWNSHIP CLERK

The following represents the collections made during the month of September 2003:

DOGS
2922-2957 265.00
2944 and 2957 Replacements 1.00
266.00

CATS
304-306 14.00
replacement 305 .50
14.50

LICENSES

Limousine
#373 - DVG Limo 50.00

Hot Dog
#372 Spice it up 50.00

Ice Cream
#374 Spice it up 25.00

Kennel
#2 Old Bridge Kennel n/c
#3 Canary Bird Farm 10.00
#4 K-9 Konnection 25.00
160.00

BINGO/RAFFLE
RA 70-03 Mid-Madison Womens Club 10.00
RA 71-03 Township with a Heart 10.00
20.00

MAPS
3 Street Maps 15.00
15.00

LIQUOR LICENSES
1209-33-033-006 Browntown Inn 189.19
1209-33-036-007 Old Bridge Bar & Liquors 189.19
378.38

PARKING PERMITS
#1 thru 906 (905 Permits) 22,625.00
(#865 Voided)

Temporary Permits
#362-368 (7 permits) 35.00
22,660.00

MISCELLANEOUS
Late Fee – Dog 25.00
Late Fee – Cat 5.00
Photocopies 51.24
81.24

TOTAL $23,595.12

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

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

NAYS: None.

ABSENT: Councilman Hoff.

Report of the Attorney

Attorney Ruggierio: We start tomorrow by having a pre-trial motion in the Golf Center v. Township of Old Bridge. If there are matters to be decided in actual testimony, the trial will begin on Wednesday.

The Township of Old Bridge v. Nesslage was to be this week but has been postponed to December 8, 2003.

The township's reply to the matter of Cerra v. Cannon, the challenge by Capt. Cerra of the promotion of Chief Collow, is due to be filed by us on October 20, 2003.

We are in the course of reviewing and hopefully approving the substantial documents relating to the Maher Manor/Penrose property and Housing Authority development of what we used to call the Barsel property which is called "Maher Manor".

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

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

NAYS: Councilman Testino.

ASTAIN: Councilman Maher.

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

Councilwoman Panos: Weeks ago you were asked to look into the billboard issue.

Point of Order. (Councilman Baker)

Councilwoman Panos: If there is an investigation on the billboard issue in Old Bridge . . .

Councilman Baker: Point of order takes precedence over her question.

President Butler: I think she has a legitimate question. If I remember correctly, the council gave the attorney the authority to look into that.

Councilman Baker: I will withdraw.

Councilwoman Panos: As this investigation continues, I see in the bill list from the Economic Development Corporation that a check was written out to a "Gary Taffert", and I know he is involved in the investigation. May I have an account on why that check was written to Gary Taffert from the McGreevey team who is involved in the billboard investigation?

Attorney Ruggierio: Ms. Panos is asking me to look into why that check was written by the Economic Development Authority. I don't have that answer.

Councilwoman Panos: I don't expect one tonight, but I will appreciate your looking into this.

Councilman Hoff: I am looking for an update on a report he (Attorney Ruggierio) has made previously (and that is also referred to engineering), i.e., what is the status of getting the right to an easement from Whale Creek north along the beachfront.

Point of Order

Councilman Baker: It is my understanding that your report is on these four items. Are we opening up for any questions that we have on our mind?

President Butler: If we have questions, that is what we are taking.

Councilman Baker: My question is specific. Are we limited to what he (Attorney Ruggierio) reported, or can we ask him anything that is on our minds?

Councilman Hoff: I am asking him a question about something that he has reported on. I am asking for an update.

Attorney Ruggierio: Mr. Gross, the appraiser, has gone to all the affected properties. He has sent the required formal notice to the property owners. He tells me he has generated the reports, and I will receive them shortly. The good news is that at least by his assessment (I had a conversation with him last week), all of the costs of the taking should be within the budget which we projected. This was a concern we had that these takings might exceed the normal amount because of their location along the beachfront, but that does not appear to be the case. I think that we are close to a point in time that we need to reach an agreement with the land owners, many of whom have called me expressing willingness to speak about the settlement, or we file formal condemnation actions. We are pretty far along.

Councilman Hoff: Are you keeping the county apprised of your progress?

Attorney Ruggierio: No, my next intention in terms of notifying the county was when I received Mr. Gross' reports. I was going to forward them to the county to give them a status report.

Councilman Greene: Mr. Butler, I want to thank you for a fair and honest ruling on the attorney's report, but I want to follow up on the billboard. I want to ask the attorney to continue the investigation despite the fact that he received a letter from the zoning board attorney. I would like Mr. Ruggierio's response as to whether he feels that this should block him from pursuing a resolution passed by this council. If the situation is that he feels that it is legitimate that the investigation should go forward, I ask Mr. Ruggierio to move forward with haste with that investigation and call in on a voluntary basis the members of the zoning board or anyone who may have had an influence on that approval.

Attorney Ruggierio: It is my opinion, although I have not expressed this in writing, and I intend to in response to Mr. Convery's letter . . . I do have the ability to pursue the issues that the council has asked me to pursue in that resolution. On the other hand, as you correctly point out, my ability to get information from people is strictly voluntary. I have no subpoena powers, and I am not conducting a formal investigation of the sort that the council may conduct under the municipal investigations law. To the extent that I am able to get voluntary statements, I will certainly do that. I will attempt to do that promptly as you request. To the extent that people resist giving me information, then I would report that to the council, and the council would have an option of conducting a municipal investigation which is a more formal process in which you have subpoena powers and the ability to swear in witnesses and actually conduct an investigation as opposed to what I am doing which is really a request that people give voluntary information.

Councilman Greene: I request that you follow through pursuant to the resolution that was approved. I hope that at the next meeting you will update us with a favorable conclusion or answer relative to the progress you have made.

Councilman Calogera: In the last two years, I and other council members have felt that our freedom of speech has been abridged both as an individual and as an elected official representing almost 11,000 people. At the next meeting I would like you to give us (even in closed session) a reason or guidelines as to the situation. . . Are there times when we don't have legitimate questions that we cannot get answered? I would also like a clarification on "Point of Order".

Promotion

Capt. Robbins: Promotions in the police department are a very important process in policing. They are important to the organization, the agency and to the town. They are important for morale and for the police officers who work hard for the promotion they receive. Tonight we celebrate and officiate the formal promotions of two police officers. The first police officer is Sgt. Chet Popek, who is going to be promoted to lieutenant. He cannot be here tonight. He started out as a patrol officer; he was a sergeant, a first line supervisor, and his new assignment will be as watch commander in the patrol bureau. He will be the officer in charge of the station. Lt. Popek is a twenty-two year veteran with an exemplary record with the Old Bridge Police Department.

Sgt. Robert Weiss will be promoted tonight to lieutenant of police. Sgt. Weiss is a nineteen year veteran with the Township of Old Bridge police department. He was an officer in the patrol bureau, a first line supervisor, a sergeant. His new assignment will be with the administration bureau of the police department. We take great honor in coming here tonight and showing you the accomplishments of our police officers who get promoted. Both positions to the office of lieutenant sometimes take twenty plus years to achieve. That is a lifetime for some. I received a call over the weekend from Chief Collow. There was a death in his immediate family, and he regrets not being able to officiate tonight. The Chief has asked me to relay to Sgt. Weiss that he is very proud of you and your accomplishments with the police department. He wishes you the very best of luck in the future in your new assignments. He also mentioned that with a promotion comes celebration, and he expects you to celebrate tonight, but expects you to be to work tomorrow morning at the appropriate time.

This is the second Lt. Robert Weiss that I have worked with in the history of my tenure of thirty-five years with the police department. The first Lt. Weiss was lost at a very young age. He achieved the rank of captain. I was proud of Capt. Robert Weiss, Bobby's dad, and I am equally as proud of Robert Victor Weiss, Jr. tonight.

I ask the Township Clerk to officially swear in Lt. Robert Victor Weiss.

Old Bridge Township Clerk Rose-Marie Saracino administers the Oath of Office to Lt. Robert Weiss.

Mayor Cannon: I am very proud to be here to be a part of this special celebration. I give my congratulations to Lt. Chet Popek and to Lt. Bob Weiss. I think it is a very proud moment for Old Bridge to celebrate the promotion of these two very special young men. I thank our new Chief Collow for recognizing that this is a cause of celebration and congratulations when our officers are promoted and that it should be a public event and shared with the public they serve. I wish you the very best, and I am sure you will do a terrific job.

Capt. Robbins: I will "pin" Lt. Robert Weiss. When we pin an officer, we put the badge of his rank that he achieved on his uniform. From this day forward, he accepts that responsibility and the commitment that goes with the office. I have known Bob most of his life. I have known him throughout his tenure with the Old Bridge police department, as a young boy in town growing up with the exception of a few years. He let me down once when he told me that he was joining the US Marines instead of the US Army. Bob Weiss was a true soldier serving in the Marine Corps in Desert Storm, and he is equally a soldier with the Old Bridge Township Police Department. (Capt. Robbins then "pins" Lt. Weiss).

This concludes our ceremony. On behalf of the Weiss family, I thank each one of you who are here tonight. I acknowledge Spotswood's Chief Martin and the Reverend Johnson from the Church of the Good Shepherd.

Lt. Weiss: I thank the officers of the police department who are here tonight and those who could not make it and Pastor Johnson, my wife, children and my family and my Marine Corps friends. I will continue to do the best job that I can.

Recess 8:10 p.m.
Combined meeting reconvenes at 8:21 p.m.

Preliminary public comment

Ms. Bechtold (38 Prest's Mill Road): I am representing Lakeridge West development. One year ago I presented a petition signed by 300 voters. We presented you with a summary of our issues and concerns and received no response from the council. The residents signed the petition, are your voters, and are not happy with what is going on in Lakeridge West.

We are not against the Hovnanian development which is being built at the end of Prest's Mills, but we are against the traffic that this development will bring towards our neighborhood. We have been told that we will not receive excess traffic on our street; however, the Lakeridge West residents don't believe this is true, and we are afraid that we will have the same problems that we have on Inverness. They have a traffic nightmare, and we want to prevent this from happening in Lakeridge as well.

We don't want a cut through in the middle of Lakeridge. We have bus stops along Prest's Mills Road - there are many activities to which residents go. We are concerned for the safety of our children. We are willing to vote for you if you are willing to help us.

President Butler: Your councilman is the one who should be the liaison.

Councilman Calogera: I have their phone numbers and maps of the development.

Ms. Bechtold: We have the support of Capt. Cronin. Does the council's loyalty lie with Hovnanian and all its money or the people from Lakeridge West? We represent 400 votes. We ask the council to make an amendment to dead end Prest's Mills Road before November 4.

Councilman Testino: Could Mr. Ruggierio address the issue as to whether we have the authority to do that now that approval has been granted by the planning board? I have had Mr. Vincenti write a memo to these ladies as to the status. The question is now whether we have the authority to dead end Prest's Mills. If we do, I will put the motion on the table right now.

Attorney Ruggierio: From a legal prospective you do not have that authority. The council and the planning board acting in its quasi-judicial capacity in approving or disapproving developments entered a court approved settlement in connection with this new Hovnanian modification of the Oakwoode development. Given the fact that it is court approved and an enforceable agreement exists between Hovnanian and the township, and were we to unilaterally modify any terms or conditions, we would not only be subject to court action, but I think that we would most certainly lose. The quick answer to your questions without getting into the complicated history of this matter which runs back to the 1970's is no, you do not have the authority to do at least the one request that has been made here tonight.

President Butler : Who has the authority to do that?

Ms. Maher: We are asking for the dead ending of the road that already exists - not a road that is in the Hovnanian development.

Attorney Ruggierio: The circulation patterns with respect to this development were approved after negotiations that I know many of you on the council remember. As I understand it, those circulation patterns are a part of a regional circulation pattern and are integral to the circulation entering and exiting this development as being approved. I don't think it is correct to say that this is simply an easy matter which would usually come before you as to how a road should be configured. It is not that simple. We have obligations under the settlement agreement to maintain the circulation pattern.

Ms. Maher: Was that before the Ferry Road approval? Did we hear that the approval for the permits is real?

Attorney Ruggierio: Are you talking about the bridge?

Ms. Maher: That was before, and now we have this added circulation.

Attorney Ruggierio: Some of these things were some months ago, but as I remember the discussion surrounding the negotiation of the settlement agreement, there were two different approaches to be taken to circulation. One was what would be the circulation pattern if the bridge was not approved by the relative authorities - the DEP and the DOT. What would be the circumstance if the bridge were approved? I am sure that someone is more informed than me about what those alternatives are, but since the bridge has been approved (not designed), that is the scenario that would apply.

Ms. Bechtold: We can make the amendment because that information was unavailable in the planning board decision.

Attorney Ruggierio: No, not really. What I was saying, and forgive me if I am not stating it correctly, was that I was involved in this negotiation (not at the planning board level) on behalf of the township in connection with our affordable housing obligations. The planning board was given two scenarios. One was what if the bridge is not approved. We would have to deal with circulations issues that may be more difficult because there won't be an outlet to Rt. 9. If the bridge is approved, what would the circulation be? Both those scenarios were considered by the planning board and constitute part of the approval and were incorporated into the affordable housing agreement.

The answer to the question is that I think that the planning board did contemplate both those issues. After the development is fully built and this is implemented, we have municipal jurisdiction over our roads, and if it made sense to modify at that point, I don't think Hovnanian would have any interest in it. They would have sold the homes to home buyers, and assuming that it made sense, it might be something that could be revisited at that time.

Ms. Maher: We are trying to stop this now before it becomes a nightmare. We have a quiet community and want to keep it that way. Oakwoode has Spring Valley, Ferry, Point of Woods Roads. You don't need Prest's Mills Road.

Ms. Bechtold: The configuration at the end of the street will not enable it to be done at a later time. We are asking the council to see if this can be made an amendment. Please put this up for a vote.

Councilman Testino: I don't know what vote we can take, but I will ask the attorney look into this and ascertain on what authority we have to act.

Councilman Maher: I am opposed to the opening of Prest's Mills Road. Ticetown Road is congested in the morning. I have seen cars drive at 55 mph past my house. Mr. Ruggierio, if we can show that there are safety hazards or negative impacts to the residents, not only of Lakeridge West, but of that community, can't we go to the planning board with a . . . Let common sense prevail. I know a resolution was passed, but contracts are reopened, renegotiated. A resolution . . . can't we do something here?

Ms. Bechtold: John (Vincenti) is doing a good job in Old Bridge with the planning board and trying to make a good traffic flow; however, what he does not realize is that there are families with children. There are other concerns. We have 400 faces. We have angry residents coming to us all the time.

Attorney Ruggierio: I try to speak in non-legalities so that we don't get bogged down. When you are before the planning board on an application as Hovnanian was, it is what they call a quasi-judicial proceeding. They make an application. They present evidence. There is an evaluation by a statutory board called the planning board. They make a decision which is contained in their findings and conclusions and their decisions are contained in the resolution.

This matter is so much more complex because we are dealing with an old approval which contained affordable housing obligations which means something very particular in New Jersey. The township had obligations to provide at least the mechanism by which this affordable housing would be available, had to become part of the planning board application. This was not a normal planning board application; it was a quasi-judicial proceeding that could only be consummated if the township were on board with four, five or six of the items that had to be dealt with.

To answer Mr. Maher's question in which he asks can't we just go back and explain that this decision by the planning board that was entered into with the approval of the council at the time with a vote to allow us to go into the settlement now should be undone. I think this is impossible; I think it is a waste of time. I think it potentially misleads people who may think that we can just "go do this". In my opinion it is not something that is going to happen. I am not saying that because I am an advocate of the settlement, but I am trying to tell you what I believe.

Ms. Bechtold: We have concerns on how the traffic studies were done. We cannot get an answer on how many cars are going back there. My husband mentioned to me that the traffic study was done with a person standing in front of the high school which the person did not even know it was a high school. It was the joke of the meeting.

Attorney Ruggierio: I don't care if this project is done. I am not trying to get the project done which is the premise of what you said. I only care that the township be in breach of its legal obligations. That is my only responsibility.

Ms. Maher: We are not saying don't build the homes. We are asking that our development be left alone. We have given viable alternatives to the council.

Attorney Ruggierio: I will do what Mr. Testino suggested, i.e., analyze to see if there is any flexibility on the part of the council. I will do that, but don't want to mislead anyone. The status is as I have described it. I will certainly do that, but beyond that I don't think the council should do anything tonight because we would be abridging an agreement that we entered with court approval.

Councilman Calogera: We have to consider that if we are going to approach the problem anytime in the near future, or if we are locked in until the expiration of when the builder turns over the properties, it would then at a later date precipitate the opening and continuing of Palisades Road which is being deemed as an emergency access road which meet Prest's Mills Road, and it would facilitate traffic from that pod if we were to close Prest's Mills at the intersection of Overhill. In order to do that, we would have to work out with the builder the configuration of homes at the intersection of Prest's Mills and Overhill to make sure that they were laid out in such a way that at a later date we could dead-end Prest's Mills if it were needed. Those roads cannot be done until such time as the builder turns those roads over upon completion which would be at least three to five years. Palisades Road, which stops as a regular roadway and only continues as an emergency roadway, does not have black top, and I know that we have funds that are going to be put in escrow so that if we do want to open that part of it later, we can black top it. We would have to do that if we closed off Prest's Mills because the area on the end has twenty-eight homes on Overhill, and it is illegal to have more than twenty-five homes with only one access.

If you take the section containing Overhill, Morris and Quail, we wind up with an excess of 85 - 90 homes, and that would only facilitate one way in and one way out which would be dangerous, and this board could not in good conscience do that. We would have to open up the emergency access road and pave it if we were going to close Prest's Mill at Overhill. I want you to be aware of the situation. I have gone over this with these ladies. I have already stressed that I am willing to work with you. I have the same concerns that you do about the safety of all our residents.

Councilwoman Panos: I realize that there are legalities at the planning board with respect to what the council can and cannot do. Is it too late or is there any way these residents can sit with the builder in a room? I don't know if that is legal. Can we get a meeting that is not a legal, whole big deal?

President Butler: I believe that would be possible, and I think that you (Councilman Calogera) should be the lead.

Councilman Greene: We spoke a short time ago, and I suggested sitting down. I would be more than glad to work with Mr. Calogera to make sure that the quality of life and the safety issues that you brought up today are addressed.

Councilman Calogera: I will try to set up a meeting in the next thirty days.

Mayor Cannon: I think it is fine to get together to talk about different solutions, but there was an approval given, sanctioned by the court, and you just cannot change the development. It is good to see if there are other alternatives. You cannot just undo an application in a committee meeting.

Councilwoman Panos: That was not the intention.

Ms. Bechtold: We can work this out; come to a juncture of what we agree on and change the verbiage in the contracts.

Mayor Cannon: This must still come before the board.

Councilman Calogera: The builder has to approve and be willing to come to a planning board and ask for an amendment to their GDP. It is possible at that point that the planning board would entertain it.

President Butler: Council members Calogera, Greene and Panos will be in touch with these ladies.

Mr. and Mrs. Alvarez (12 Victorian Drive): I cannot express my disappointment that the resolution to give us permission to tear down our existing retaining wall and erect a new one has not been presented to the township council. I was under the impression that with my correspondence with the legal office that this would be presented tonight. It is not on the agenda.

I presented our situation at the July 14, 2003 meeting. It is already October, and still we cannot move forward. We were unable to use our backyard this entire summer. It is a messy embarrassment, and we are ashamed with the condition of the pool deck and the retaining wall. I have a construction company who has been waiting to do this job since we applied for the permit in October 2002. I have township correspondence dating back to October 2000. My husband and I have been very patient with this situation. We have reached the peak of our frustration and tolerance levels. Our existing retaining wall is on its last legs. It is on the verge of collapse. We know because we have hired an engineer to tell us. The creek has eroded the retaining wall and the deck. Something will collapse into the creek and this will cause a major flood. The railroad ties are treated with arsenic and should be removed. This is poisonous to the creek and its surroundings.

The little people like us make up this township. We are only interested in rectifying this situation that we did not create and preventing potential problems that could occur. Besides correspondence with Councilman Greene, and our good neighbor, Joel Marcus, nothing much has been accomplished. We feel that we are up against an impenetrable wall with Old Bridge Township. It seems that the old retaining wall is not the only thing that needs to be torn down. We are at a standstill and totally at the mercy of Old Bridge Township. We need to expedite this as soon as possible.

Attorney Ruggierio: Mr. and Mrs. Alvarez have a wood patio and a retaining wall which encroaches upon township property which I believe is a conservation easement. The Alvarez' were here in July. I had discussions with Mrs. Alvarez before that, and I suggested that it might be unreasonable for us to want that retaining wall removed as well as the wood deck. The township could not consent to an encroachment in a conservation easement. I suggested at that time that we would enter some type of an agreement with the Alvarez' that said they could maintain the encroachment with the deck and the retaining wall that you want to replace. You can repair and replace, but be advised that you do this at your own risk because for any reason the township wanted you to take down these items which trespass upon township property, you would have to do it.

It think it is unfair and improper to say that this has been pending since July because at the time I made that suggestion, the Alvarez' indicated that they were not willing to make such an agreement with the township because they would be expending serious money - perhaps $20,000. They would be at the mercy of the township. It is true that approximately one and one-half months ago I had a conversation with the Alvarez' and I believe that Mrs. Alvarez agree in principle with the suggestion that I had made originally. The only modification was that we would put in the document the truth that the township had no present intention to acquire the wall to be removed.

I wanted to draw up the agreement immediately. Because I did not have details of the exact nature of the encroachment, I could not do it. I have obtained that recently. I will give the Alvarez' a copy of the resolution which we have drawn up. I understand that Mr. and Mr. Alvarez want to have this reviewed by a lawyer, which I believe is a good idea. To the extent that this resolution is acceptable, and assuming council thinks that this is an acceptable resolution, this can be put on the agenda once the Alvarez' tell us that they are willing to sign the document.

Councilman Redmond: Can we approve it contingent upon their signing it?

Attorney Ruggierio: Yes, because the fifth item in the resolution states that "this resolution shall be effective only if the Alvarez's sign the statement set forth below in the resolution".

Councilman Redmond: If we pass this tonight, they can take it to their lawyer.

Mrs. Alvarez: We are cutting off the deck.

RESOLUTION NO. 527

AUTHORIZING CONTINUATION OF AN ENCROACHMENT AT BLOCK 17010, LOT 15 ON THE TAX MAP OF THE TOWNSHIP OF OLD BRIDGE OWNED BY GREGORIO ALVAREZ

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

WHEREAS, property owned by Gregorio Alvarez known as 12 Victorian Drive, Old Bridge, New Jersey, a/k/a Block 17010, Lot 15 on the tax map of the Township of Old Bridge has a patio and retaining well which encroach upon a conservation easement of the Township of Old Bridge; and

WHEREAS, this encroachment is a historic encroachment which was established by the predecessors in title to Mr. Alvarez; and

WHEREAS, the retaining wall has begun to deteriorate and Mr. Alvarez wishes to expend substantial dollars to repair it; and

WHEREAS, the Township of Old Bridge is willing to permit the encroachment to continue so that Mr. Alvarez can make the repair so long as Mr. Alvarez understands and agrees that his right to continue the encroachment is permitted at sufferance. Mr. Alvarez understands that he has no legally enforceable right to continue the encroachment and that Old Bridge may insist upon removal of the encroachment at any time with or without cause; and

WHEREAS, Mr. Alvarez and is wife, Carmina Alvarez, should sign this resolution as a recognition of the risk they undertake in expending monies to repair and restore the retaining wall.

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 encroachment referenced above may continue unless and until the Township of Old Bridge demands removal thereof.

2. The Township of Old Bridge has no present intention to enforce its rights in the conservation easement and compel the removal of the encroaching structures.

3. Mr. and Mrs. Alvarez may feel repair and restore the encroaching structures so long as they agree that their right to do so is subject to the risk that Old Bridge may compel removal of the encroachment with or without cause at any time.

4. The extent of the encroachments shall not be expanded or enlarged.

5. This resolution shall be effective only if Gregorio and Carmina Alvarez sign the statement set forth below.

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

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

NAYS: None

ABSENT PODIUM: Councilman Calogera.

STATEMENT BY CARIMA AND GREGORIO ALVAREZ

We, Gregorio and Carima Alvarez, do hereby acknowledge by this statement our understanding that the Township of Old Bridge is permitting our deck and retaining wall to continue to encroach and trespass upon a Township conservation easement. We understand that Old Bridge may require these structures to be removed at any time without case. If this happens, we agree that we have no legal right to keep and maintain these structures within the Township conservation easement area. We further understand that upon a notice and instruction by Old Bridge to do so, we will, at our sole expense, remove the encroaching structures and restore the conservation area back to its natural state.

DATE: ______________ _____________________________
GREGORIO ALVAREZ

DATE: ______________ _____________________________
CARMINA ALVAREZ

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

Councilman Maher: Approximately how far are you on township owned property?

Mrs. Alvarez: The deck is seven feet over. The creek has eroded our pool.

Councilman Maher: Why wasn't this detected when you had a survey done in your house?

Mrs. Alvarez: How did we get a C of O.?

Attorney Ruggierio: That survey is a one of their predecessor's entitling. When Mrs. Alvarez says she is not responsible she means that this (encroachment) was their predecessor's. I guess that there was no survey done at the time of purchase. The survey is billed to the previous owners.

Mr. Rao: Addressed the township council about taxes.

Ms. Cyr: I thank you for the resolution adopted in support of our grant application for the library's lighting project. I urge you to act swiftly for the funding for that project. The library building is a heavily used public facility, and it is incumbent upon us to provide a library that is safe and functional for the residents of the community. Mr. Goldman and I are here to answer your questions.

Mrs. York: I spoke to Tom Badcock about a problem on the bridge. He immediately sent out a crew to repair the chain link fence which kids are dislodging. The state has to look at the bridge; we are not responsible for structural. The bridge is deteriorating. There is racist and anti-Semitic graffiti. This will have to be painted. You must contact the DOT to inspect the bridge.

Rocky's staff cut the brush that was hiding ditches on West Greystone Road. We now need signs warning "Deer Crossing" and the fact that the ditch is there.

Ferry Road is a problem. There is planned expansion and the intersection fails; there should be a jug handle.

Councilman Redmond: Can we instruct those who are responsible for enforcing our ordinances to call the state and inform them that they are in violation of our graffiti ordinance?

President Butler: Can we have administration handle that?

Mr. Sucarato (49 Carmel Court): There is a lot of information being mailed by all (political) parties. One pertains to the development and traffic problem in Old Bridge which was sent out by the Democratic mayor candidate and the council majority. I agree that there is a traffic problem. Even though it is "silly" season, it is an important season to address these issues. I don't agree with a lot of it, but the one I want to focus on is "proposing moratorium on all building until a master plan can be approved".

"Moratorium" seems to be the buzz word. For the past two election cycles, the council majority has promised a building moratorium, but what they fail to point out is that a moratorium is illegal. You need enabling state legislation to enact a moratorium. We can enact a moratorium, but the health department has to declare it. It must be based on an emergency due to health or safety concerns. It also mentions the master plan which Old Bridge has. The most recent revision provides for more land for economic development and preservation of environmentally sensitive land.

However, the zoning ordinance that translates the master plan into a working, enforceable ordinance has been with the township council since August. It is waiting for workshops, public hearings, etc. I agree that this is a concern for the residents of Old Bridge. I point out that even though it is "silly" season, we have to watch out for what we read from all parties. We have to make sure that the information we receive is correct.

Executive Session 9:06 p.m.

RESOLUTION NO. 528

AUTHORIZING AN EXECUTIVE SESSION

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

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

Collective Bargaining Negotiations

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Redmond.

Although no formal roll call was taken, all council members were present when the combined meeting reconvened at 9:45 p.m.

Hearing.

1. Forest Gardens - release/reduction performance guarantee

Postponed - no new date scheduled.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE 51-03

BOND ORDINANCE AUTHORIZING SUPPLEMENTAL FUNDING FOR IMPROVEMENTS TO THE LIBRARY ELECTRICAL AND LIGHTING SYSTEM IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $150,000 THEREFOR; 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 $142,500; 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 $150,000;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $142,500;

(c) a down payment in the amount of $7,500 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 $142,500, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $7,500, which amount represents the required down payment, are 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 $142,500 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 $142,500 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 $30,000.

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:

Purpose/Improvement Estimated Total Cost Down Payment Amount of Obligations Period of Usefulness

A. Supplemental Funding for the Reconstruction and Upgrades to the Library Electrical and Lighting System, previously authorized and initially funded by Bond Ordinance 57-01, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto $150,000 $7,500 $142,500 15 years

Section 8. 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 9. 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 $142,500 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

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 applicable Capital Budget of the Township 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 applicable 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 proceeds 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 ("Code"), 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 President Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: Councilman Hoff.

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

Councilman Hoff: Has the library used our engineering department which is well equipped to supervise this work? Since we don't have a budget, is it premature to ask for bonding on this project?

Ms. Cyr: The library has worked closely with the engineering department for the duration of this project since we started it two years ago.

Councilman Greene: Would the grant you applied for reimburse the township for the money being expended?

Mr. Goldman: We applied for $75,000. The council passed a resolution that was sent on. The township and Assemblyman Thompson sent letters.

Councilman Redmond: Let's say we get $75,000. This $150,000 is a down payment for the bonds?

Councilman Testino: This is in addition to the bonds. We have $200,000 now, and they want to bring it up to $350,000.

Ms. Turchan: The down payment is $7,500.

Councilman Redmond: What is this $150,000? Is it extra money?

Ms. Turchan: It is the total value of the additional money that the library needs. They need $350,000.

Councilman Redmond: You want to bond for $150,000?

Ms. Turchan: We are going to bond for $142,500.

Councilman Testino: We have $200,000 already.

Councilman Redmond: It does not say it. It says "authorizing supplemental funding improvements". It says "appropriating the sum of $150,000". It does not say that this should be a bond ordinance.

Ms. Turchan: It appropriates the total amount you are allowed to spend - $150,000. Out of the $150,000, $7,500 is a down payment, and $142,500 is the amount that you are allowed to go and borrow the money for.

Councilman Redmond: By appropriating this money, are we saying that we are willing to back it with municipal bonds?

Ms. Turchan: Yes.

Councilman Testino: Mr. Shah sent a memo. We don't have the allocation and where the down payments are coming from yet? We have not struck the budget yet. Have we finished resolving that, or are we going to do an emergency appropriation?

Ms. Turchan: Mr. Shah is proposing that the money that we usually allocate to the library for the operation - to take $7,500 out of this fund to use as a down payment.

Councilman Testino: The director wrote a letter back saying that there is no more money that she give up without curtailing services.

Mr. Goldman: We are going to be short over $67,000. We are going to find money for that. If you are going to take another $7,500, something will have to go. The only thing that could go is hours.

Councilman Testino: We might be able to find $7,500 in another part of the township budget, but if you try to strike this ordinance tonight, you are only giving us two choices - emergency appropriation or taking it from your line item.

Mr. Goldman: It is the council's decision.

Councilman Testino: If this can wait until we strike the budget, you would be in a better position.

Mr. Goldman: For the safety of the public, I would not recommend that. My responsibility as president of the board is to provide a safe place for the staff and residents of the township. We are bringing in electricians to disconnect fixtures one at a time. I don't want to be responsible for the safety of the people of the township. If this gets to a state where it is unsafe, as one board member I recommend that we close the building.

Councilman Testino: Is that what you are recommending?

Mr. Goldman: No, I am not recommending that.

Councilman Testino: We should have our investigators look through the building again.

Mr. Goldman: I think they should also. The longer we wait to do this project, the more it will cost. The architect has told you that time is of the essence. If you can get this done during the slow season (the winter), that is when you will get the most bang for your buck. If we extend it further on, you will do the job, but not for the money that is granted. You have to fund it. We have to keep a safe building. As president of the board, if the electricians tell me that the building is unsafe, we have a problem. We discuss this at every monthly board meeting.

Councilman Testino: You saw the memo we received from Mr. Shah. He has not recommended that the money come from anywhere else. We don't have a budget yet. If we do this tonight, it will be a $7,500 emergency appropriation, and it has to come from your budget. If that is what you are asking for, we will do that tonight.

Mr. Goldman: I am asking that the project go forward. I did not put this on. It is here because it is something that we are following up on. If we have to take the money out of our budget, we will, but something else will have to go, and that will be hours. We are running this library with the same staff that ran the library in the Bush Center. Seventy percent of our staff are part-timers. I am an advocate of the library, but the funding is your job. This is a safety issue.

Councilman Testino: This whole issue has been a nightmare.

Mr. Goldman: The building and the maintenance has been a problem, and it is not going to get better.

Councilman Testino: You make Councilman Hoff look. He has been going against it. Now we are straddled with another $150,000.

Mr. Goldman: Are you telling me that you don't want to do the project?

Councilman Testino: If you want this from your budget, we will do the project tonight.

Mr. Goldman: It is your responsibility as a township council to decide what you want to do. If you tell us that we have to lay out the $7,500 and if you have to take it out of our budget, we don't have a choice. We just have to react to that.

Councilman Testino: You have a choice. You have Mr. Shah's memo, or you can wait until we have our budget reviews.

Ms. Cyr: What are the options for obtaining $7,500 needed for the down payment?

Councilman Testino: We only have one option.

Ms. Cyr: That is Mr. Shah's recommendation. What are the other options available?

Councilman Testino: There are none until we finish the budget.

Mayor Cannon: The budget is in the council's hands. I have no authority.

Mr. Goldman: The budget won't be voted on for three to four months.

President Butler: We are doing workshops right now.

Councilman Calogera: How much of a percent difference is it going to cost us if we don't do it now, and we go to bid in the summer? We had a projection.

Ms. Cyr: I don't have that information with me tonight. I have spoken with the mayor about the $7,500. Do you know of any other options?

Mayor Cannon: I did not agree with Mr. Shah that the money should be taken out of their budget because we cut their requests severely, and I have been hearing about it ever since. They are barely going to be able to meet their expenses. We gave them a $6,000 increase over last year, and their state dollars were cut. I feel that looking at our budget may be a way that we can find them the $7,500 out of our budget. Every department has asked for additional funds. We have to get this moving because the lighting problem is a real concern with the library. If we have any more malfunctions, it cripples the use of the library. I don't think this is a luxury item. This is a necessity because the longer we wait, the more expensive it will be to do the bonding. We are told that this is a good time to bid this because there is less demand for jobs in this area. The further we get into the season, the more it could cost. We don't want it to go above and beyond the cost of repairing.''

Councilman Testino: I am still not satisfied with the bid and the way it was amended. I appreciate the lighting problem. It is ironic that we have this quandary. If you want to move this tonight, it is coming out of your budget until we find it somewhere else.

Councilwoman Panos: I know that this has been a monster over the years. We are making the library jump through hoops for $7500. I can identify $7500 in the budget right now. I move to take $7,500 from EDC.

Councilman Greene: If the library is correct in what they are saying, this would result in service reduction. My position would be to take this money out of the township's budget. I would do whatever I could to find that money. I think that we have an obligation to the library. I am frustrated with the lighting situation. The whole problem is out of our control. I realize that this is a safety issue, and it is about time that you start moving and getting the lighting . . .

Mr. Goldman: Councilman Testino brings up a good point. If you take it out of budget, then we have to plan that it is not there. Could it be returned?

Councilman Testino: We only have your line item for it tonight.

President Butler: If we can't find it, we have to take it out of your budget, and we will look at the budget and our thought would be to return it.

Mr. Goldman: I will respect this council and do that. I feel that as a representative of the public that we have to fix this situation. When I come before the council during budget hearings, I will lay the statistics on the table as to what we need to run the library, and then you will have to decide what you can fund us for.

President Butler: I want the motion to state that we are taking $7,500 from the library board's budget, but we plan to replace it.

Ms. Shepler: What you have in front of you is a discussion bond ordinance which proposes to add $150,000 using $7,500 of down payment money. If you chose to do some other type of motion some other place, that should be done separately. What should be considered first is the bond ordinance.

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

Mr. Goldman: We look forward to working with the council to resolve this situation. We welcome all the council members to the budget meeting. We have statistics we would like to share with you.

Councilman Testino: Please have your experts certify in writing that the lights are going to be exactly what you need. I want to be sure that because we are replacing the original fixtures that those fixtures are what we need to light that facility.

Motion

to remove $7,500 from the Township of Old Bridge Library budget with the intention of replacing it made by President Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: Councilmen Baker, Hoff.

Consent Agenda

RESOLUTION NO. 529

BINGO/RAFFLE

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

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

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

RA71-03 Township with a Heart
RA72-03 St. Thomas Home School
RA73-03 St. Thomas Home School
RA01-04 St. Lawrence
RA02-04 St. Lawrence
BA03-04 St. Lawrence
BA04-04 St. Thomas
BA05-04 St. Thomas
BA06-04 St. Thomas
BA07-04 St. Thomas

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

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

NAYS: None.

ABSENT PODIUM: Councilman Hoff.

RESOLUTION NO. 530

MEMORIALIZAING RELEASE OF PERFORMANCE GUARANTEE FOR GODDARD SCHOOL

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

WHEREAS, the developer of Goddard School located at Englishtown Road near Pleasant Valley intersection in Ward 5 has requested a release of the following performance guarantee:

Performance Bond $15,829.56 (Letter of Credit No. S-09627)
10% Cash Deposit $1,758.84
Total $17,588.40

WHEREAS, a bond hearing was held on September 22, 2003 at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, the Township Engineer has performed an inspection of the site improvement work and finds that these have been completed satisfactorily; and

WHEREAS, the Township Engineer has recommended a release of the Performance Guarantee.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, State of New Jersey that the performance guarantee be released subject to the following:

1. The developer posting a two-year maintenance bond in the amount of $2,638.26 (15% of the performance bond).

BE IT FURTHER RESOLVED that if the maintenance bond required by this resolution is not posted with the Township Clerk within forty-five (45) days after the adoption of the resolution releasing the performance bond, the release is void. If there are insufficiencies or errors in the language of the bond submitted, the Township Attorney or Township Clerk may extend the said deadline in writing.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Hoff.

RESOLUTION NO. 531

AUTHORIZING PAYOUT OF ACCUMULATED TIME TO JOHN SWEENEY

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

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

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

WHEREAS, the Township Council wishes to authorize such payout.

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 payout of accumulated time is hereby authorized to be paid to John Sweeney in the amount of $79,502.70.

Sick (188.00) $69,518.64
Vacation (27) 9,984.06
TOTAL $79,502.70

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

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

NAYS: None.

ABSENT PODIUM: Councilman Hoff.

RESOLUTION NO. 532

APPROVING CHANGE ORDER NO. 1 TO ALLIED OFFICE PRODUCTS FOR PURCHASE ORDER NO. 231602 FOR ADDITIONAL OFFICE FURNITURE FOR THE ENGINEERING DEPARTMENT

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

WHEREAS, the Township Council of the Township of Old Bridge previously authorized purchase order No. 231602 to Allied Office Products for office furniture for the engineering department; and

WHEREAS, Allied Office Products has requested Change Order No. 1 to order additional office furniture for the engineering department in the amount of $2,056.37.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that Change Order No. 1 is hereby authorized as set forth on the attached Change Order.

BE IT FURTHER RESOLVED that the modified cost of services after this Change Order is as follows:

ORIGINAL CONTRACT $39,704.87
CHANGE Order No. 1 + 2,056.37

NEW TOTAL AUTHORIZED $41,761.24

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1182 certifying the existence of a sufficient appropriation to fund the said contract.

BE IT FURTHER RESOLVED that the Mayor and Township Clerk of the Township of Old Bridge are hereby authorized to execute such written contract documents as may be approved in form by the Township Attorney.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Hoff.

RESOLUTION NO. 533

AUTHORIZING AWARD OF CONTRACT FOR AUDITING SERVICES TO HUTCHINS, FARRELL, MEYER & ALLISON, P.A. FOR 2003/2004

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

WHEREAS, the Township Council wishes to award a contract for auditing services to Hutchins, Farrell, Meyer & Alison, P.A. located at 912 Rt. 33, Suite 2, Freehold, New Jersey 07728.

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. Hutchins, Farrell, Meyer & Allison, P.A. is hereby awarded a contract for 2003/2004 for an annual fee of $57,000 for auditing services.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1184 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 A201, 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 President Butler, seconded by Councilman Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Hoff

RESOLUTION NO. 534

AUTHORIZING SUBORDINATION OF CDBG MORTGAGE HELD ON BLOCK 25001, LOT 0023 (220 WEST GREYSTONE ROAD)

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 received a mortgage on a certain property in connection with its Community Development Block Grant program; and

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

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

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

!. The mortgage in favor of the Township of Old Bridge in the amount of $70,000 may be subordinated for $90,000 (new mortgage) on property located at 220 West Greystone Road, Old Bridge, New Jersey, Block 25001, Lot 0023 assessed to John and Ethel Hermanski.

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

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Hoff.

RESOLUTION NO. 535

AUTHORIZING CANCELLATION OF CDBG MORTGAGE OF MYRA GINGOLD

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 Myra Gingold with the Township of Old Bridge for premises known as 25 Stratford Drive, Old Bridge, New Jersey; and

WHEREAS, the amount of the CDBG Mortgage was in the amount of $5,383.00; 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 $5,383.00 is hereby cancelled. The Township Council authorizes the Mayor and Township Clerk to execute the discharge documents.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Hoff.

RESOLUTION NO. 536

GRANTING PERMISSION FOR THE CHEESEQUAKE SCHOOL PTA TO HOLD A BAKE SALE ON NOVEMBER 4, 2003 AT THE CIVIC CENTER

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

WHEREAS, Cheesequake School PTA has requested permission to conduct a bake sale on Tuesday, Election Day, November 4, 2003 at the Civic Center.

NOW, THEREFORE, BE IT RESOLVED that the Township Council hereby grants permission to the Cheesequake School PTA to hold such bake sale.

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

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