Old Bridge Township, New Jersey - November 24, 2003 Minutes

OLD BRIDGE TOWNSHIP COUNCIL

REGULAR MEETING

November 24, 2003

A Regular meeting of the Township Council of the Township of Old Bridge was held on November 24, 2003 in the Municipal Complex. The meeting was called to order by President Butler who asked all present to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places. The next meeting will be December 1, 2003 at 8:00 p.m.

Roll call at 8:03 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Calogera, Greene, Redmond, Testino, Councilwoman Panos, President Butler. Councilman Maher was absent. Councilman Baker arrived late.

Councilman Testino asked for a moment of silence for Councilman Joseph G. Hoff who passed away this week, a public servant of this town for over forty years.

President Butler asked for a moment of silence for the soldiers serving in the Persian Gulf.

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

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

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

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 November 24, 2003 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of November 24, 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 $14,225,781.61 (General Fund)

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

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

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

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

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

Mayor Cannon and Councilman Calogera handed out the following Certificates of Appreciation to the following members and faculty of the Old Bridge High School Marching Band:

Faculty
Frank Batsch – Band Director; Barbara Stanley – Asst. Band Director
Eric Robertshaw - Music Director; Alice Krumenaker – President
JoAnn Carega – 1st Vice President; Betty Richardson - 2nd Vice President
Debbie Conover – Treasurer; Vickie Pero – Recording Secretary
John Chin, Corresponding Secretary

Students
Christine Adamo, Ben Adler, Estee Atzbi, Edziel Bibiano, Amanda Bragg, Ian Brakman, Lauren Buccini, Allyson Bufano, Jessica Bufano, Kelsey Butterwick, Jessica Caban, Robert Calalang, Brian Callahan, Raymond Carega, Liza Cavanaugh, Eric Chan, Kimberly Chin, Antony Cimaglia, Eric Clementelli, Kimberly Conover, Jennifer Conticchio, Daniel DelaCruz, Shannon DeMartini, Gwen Furslew, Brian Glaz, Kerry Haczyk, Aaron Hannon, Michael Harvey, David Iacoviello, Sam Inshassi, Lindsay Kania, Loren Kania, Thomas Kelly, Emily Kline, Jason Krumenaker, Karina Kwan, Gregory Landix, Diana Langan, Michael Leacock, Corey Levine, Davita Louie, Alan Lui, Carlo Magaway, Jenna Mannanice, Jamie Mapou, Jason Mapou, Christina McNulty, Tia Montalto, Laura Nappo, Christine Odejar, Kristin Pariso, Nancy Park, Virginia Pauls, Thomas Pedersen, Ashley Pero, Daniel Pino, Mark Poko, Nicole Rehorn, Andrew Reilly, Michael Richardson, T. Caleb Rutan, Susannah Rutan, Jeffery Sales, Karl Salvador, Jeremy Samuelson, Danielle Schayer, Timothy Schuster, Zachary Schwartz, Jocelyne Scott, Linnaea Serzan, Phillip Serzan, Tiffany Seto, Jonathan Seybolt, Judith Shingeledecker, Timothy Siclari, Patricia Snair, Guychard St. Fleur, Ryan Stiles, Breanna Thime, Samantha Tuminaro, Dhruv Vasant, Michael Vecchio, Michael Veneziale, Arjun Wadnerkar, Ashish Wagh, Keriann Walsh, Jonathan Welland, Michele Witkowski, Christopher Yeager, Robert Zandstra

Mr. Frank Batsch: I would like to say that I have been doing this for seven years and this is the best group of kids that I have ever worked with. I cannot take all the credit for this award – the kids in the purple and black uniforms deserve the credit. This band started with 17 members and we now have 93 members. Thank you so much for recognizing the band members.

Councilman Calogera: I would like to recognize the parents of these students – we do not have certificates for them but they deserve recognition.

Meeting Recessed at 8:25 p.m. to allow the band members to exit the courtroom.

BINGO/RAFFLE
RA 72-03 St Thomas 10.00
RA 01-04 St Lawrence Altar Rosary n/c
RA 02-04 St Lawrence Altar Rosary n/c
BA 03-04 St Thomas Church 500.00
BA 04-04 St Thomas Church 510.00
BA 05-04 St Thomas Church 520.00
BA 06-04 St Thomas Church 510.00
BA 07-04 St Thomas Church 490.00
RA 08-04 OB Senior Rotary 10.00
RA 09-04 St. Thomas Church n/c
RA 10-04 St. Thomas Church n/c
RA 11-04 St. Thomas Church n/c
RA 12-04 St. Thomas Church n/c
RA 13-04 St. Thomas Church n/c
RA 14-04 Court Queenship of Mary 10.00
RA 15-04 Court Queenship of Mary n/c
RA 16-04 St Thomas School n/c
2,560.00

LIQUOR LICENSES
1209-33-027-004 English Pub
Person to Person & Place to Place 454.06
1209-33-034-004 NJ Restaurant Svc.
Person to Person & Place to Place 454.06
908.12

PARKING PERMITS
#907-1449 ( Permits) 13,475.00
#1292 replacement 5.00
(1360,1419,1432 voided) n/c

MISCELLANEOUS
Late Fee – Dog 35.00
Ret check Fee on Parking Permits 1247,1248 20.00
Pmt for Permits 1247,1248 (sept) 50.00
Constable – Summons Processing fee 2.00
Photocopies 35.25
142.25

TOTAL $18,078.87

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

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

Attorney Ruggierio: On the Hallock case; Judge Francis has awarded a minimum of $1,000.00 and a maximum of $3,000.00. This case deals with the counter claim that we bought against the illegal sub-division.

Councilman Baker: Do we have an ordinance about keeping trash cans out of sight on non-collection days?

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

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

Ms. Sue Blumig: There was an application before the Aberdeen Planning Board called Crystal Lake, the council voted to show opposition to that development. That development now has a different name with the same builder and designs. I want to know if the council is still opposed to this?

Councilman Baker: I believe that we passed an ordinance that we would have the administration continue to have our views heard. The engineer can give you a copy of the briefs that we submitted to them.

Ms. Blumig: They are planning to widen the road as opposed to re-aligning Morganville Road. They said at the last meeting that they will be taking frontage from the Cedar Ridge open space. They are planning on taking land directly across from the pumping station.

Mr. Kenneth Short: The council has gone on record opposing this development on the Aberdeen border. Mayor-Elect Phillips has been quoted as not to be against this development and that his goal is to lessen the impact on Old Bridge. I would like to know if that is the same view that you have or do you intend to help us fight this development.

Councilman Testino: I do not know that this is Mr. Phillips position and if it is I will lobby him to change it.

Mr. Short: I would be happy to forward to you his e-mails on this.

Councilman Calogera: I wanted to re-align the road so that they couldn't come through Old Bridge.

James Blumig: The people that want to take the land to widen the road are not located in Old Bridge, they will have the same problem that they had with us, because they also own to the center of the road, they couldn't take it because they only had a right of way for 16 feet. I think that Old Bridge needs to stand together and not allow them to take the property and widen the road. Let them re-align it and take the property from the other side of the road. Who will be at the December 4th Aberdeen planning meeting?

Mr. Vincenti: There is a conflict between the dates of their meetings and ours, the planner and I cannot be in both places.

Ms. Joan George: I would like to thank Kevin Calogera and Mr. Donatelli for swiftly addressing a problem that we had in ward four. I would also like to ask the council to consider naming a field or something in honor of Richard Cooper, who was a teacher in town for over thirty years, he was also the mayor of Old Bridge. This was initially Annette Hopman's idea.

Councilman Testino: Annette and I discussed doing something in Veteran's Park, where he spent a good amount of time. I think that we should contact the family and see if they are interested in this.

Councilwoman Panos: I agree that something should be done. I pictured something in Mannino Park, maybe the Amphitheater. I agree that we should reach out to the family.

Mr. David Merwin: I want to thank everyone on behalf of the Hoff family for their prayers and support in Joe's time of illness. I know that it meant a lot to the family that everyone came to his services. I would ask that you all wear these buttons in memory of Joe Hoff. (Mr. Merwin hands out buttons to the council members).

Mr. Anthony Balicki: I would ask the council to help me with a problem that I am having with Bridge Disposal. I have asked before and have had no reply.

Councilwoman Panos: I reached out to Bridge Disposal and have not received an answer.

Mayor Cannon: I have also reached out to them and they have not been cooperative to me.

Mr. Balicki: I think that the council should be able to hold people who do business with the township accountable to the residents. I have asked the man at Bridge Disposal to meet with me and he refuses. My bills continually go up in price with out any explanation. I would like some help in this matter.

Mr. Balicki: He should not be allowed to do business in this town if he will not cooperate.

Mr. Ernest Schmidt: I am here on behalf of the Local Emergency Planning Committee (LEPC). There was discussion at our last meeting regarding speed bumps or humps on township roads. The LEPC is against this idea because fire trucks (which weight over 40,000 lbs) would have to come to a complete stop at these bumps in order to prevent damage to the trucks. First Aid and Police would also have to cross these barriers in the same fashion. School buses would also have to slow down in order to prevent injury. The LEPC is certainly in favor of having the traffic laws obeyed, we just disagree that the method of introducing speed bump/humps as a means to obtain compliance.

President Butler: The last time that we set up speed traps the only people ticketed were residents of Madison Park.

President Butler: Mr. Sheehan will not be here tonight, he will here at the December 1st meeting.

Release/Reduction Performance Guarantee – Commerce Bank Block 9000, Lot 44.11

Mr. Vincenti: This site is on Route 516 and Red Oak Lane. We are currently holding a performance bond totaling $266,766.78 – there was no previous reduction on the performance bond. We've performed an inspection and we are satisfied with the improvements being installed and we have had no complaints. We are recommending a release subject to the developer posting a two year maintenance bond.

Mr. Jerry Monchek, Esq. on behalf on Commerce Bank: We are in agreement with this.

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

to reduce the performance guarantee for Commerce Bank; subject to the posting of a two year maintenance bond by Councilman Testino, seconded by Councilman Redmond and so ordered on the following roll call vote:

Release/Reduction Performance Guarantee – Maran Enterprises Application #79-98Z

Release/Reduction Performance Guarantee – Primavera Estates (Requested Postponement-No new date).

Bristol-Donald Company, Inc., regarding the award of Bid #03-31 to Pierce/Eagle Equipment Co., for Stainless Steel Spreaders.

Mr. Bill Oros; Bristol-Donald Body Company and Jerry Duffy; Resident of Old Bridge and employee of Bristol-Donald appeared before the council.

Mr. Oros: We believe that we are the lowest responsible bidder; we are presenting evidence that the spreader that we are providing will more than adequately do the job that the township needs. We are presenting five competitive pieces of literature from other manufacturers that state that they use a smaller or equivalent horse power motor which we have provided to Old Bridge in the past. We are also presenting a letter from the manufacturer stating that the motor that we are providing will in fact do the job.

Ms. Turchan: In our bid specs we specifically asked for a 10.5 horse power engine; in two different places. The law requires us to award the contract to the lowest responsible and responsive bidder. While you are responsible and can provide us with the spreaders, you are not responsive because the township has asked for 10.5 and you are willing to provide a 9 horsepower motor. The other bidders that bid are providing 10.5 – so you cannot compare your price to the price of people providing 10.5 motors because if they were given the option of providing 9 horsepower, their price may be lower. You mentioned that you provided that type of engine to the township before. We have a mechanic here and he stated that we used to buy the 9 horse power engine and that we had numerous problems with them and many repairs and that is why we specified a 10.5 engine in the bid specs.

Mr. Duffy: Besides the $509.00 per spreader – which is $2,545.00 total – Briggs and Stratton has quit making a 10.5 horse power engine because of emission problems and they would not meet federal emission laws.

Rich Berger; Public Works: The spreader (from Bristol) is an “Air-Flow” and we had a few of them in 1988 and I had nothing but problems with them.

Attorney Ruggierio: I do not think that we need to get into a debate about the quality of the products. The issue is very simple and straight forward – the specification required a 10.5 horsepower engine and this supplier is not able or willing to respond to the specification. The other suppliers will respond to it. If the council is NOT of the opinion that the township over specified the product, then you have no choice but to award it to the next lower bidder who was responsive.

Mr. Duffy: I would like to have it clarified that they are not using a “Briggs & Stratton” engine because they cannot pass the emissions test. You will be outside the federal guidelines.

Attorney Ruggierio: I think that the specifications of the responsive bidder would be on file and whatever they said they would supply, they will be held to.

Attorney Ruggierio: Then you are suggesting that the specifications should have been different.

Mr. Duffy: Your normal manufacturers, such as Warren, Air-Flow and Western have been using Briggs & Stratton engines and they will not build a 10.5 engine because of the federal government regulations.

Attorney Ruggierio: We have a responsive bidder that is willing to supply a 10.5 horsepower engine.

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AUTHORIZING ACQUISITION OF REAL ESTATE INTEREST
(Sommers Property – Block 4185, Lot 13A)

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

Section 1. Pursuant to NJSA 40A:12-5 the Township of Old Bridge is hereby authorized to acquire by purchase, gift or condemnation the lands/premises known and described as Block 4185, Lot 13A (also known as the Sommers property) on the Tax Map of the Township of Old Bridge.

Section 2. The Mayor, Township Clerk, and Director of Law are hereby authorized to take any action and to sign any and all documents necessary to carry out 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.

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.

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

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

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

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

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

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

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AMENDING COMMUTER PARKING PERMIT FEES

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

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

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

2. Substitution of vehicle, i.e., new vehicle $5.00
(requires return of former issued permit)

5. Car lease expires (same or new vehicle) $5.00
(requires return of former issued permit)
(copy of lease to be provided)

7. Rental Car (temporary permit – 30 days) $5.00
(rental documents are to be provided)

8. Registration and insurance – Old Bridge address;
Driver’s license not changed yet (temporary permit – 30 days) $5.00

9. New resident – documentation not yet changed to reflect $5.00
Old Bridge address (temporary permit – 30 days)
(requires submission of documents affirming residency)

10. Failure to pass Motor Vehicle driving test $5.00
(temporary permit – 30 days) (requires document from DMV on new testing date – if new date more than 30 days, temporary permit maximum 60 days)

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

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

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.

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

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

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

This ordinance was originally introduced at the meeting and given the number 55-03. The ordinance was cancelled the next day and the number reassigned.

ORDINANCE HAS BEEN INTRODUCED FOR FIRST READING AT THE 12/1/03 MEETING (Ord. #56-03)

This ordinance was originally introduced at the meeting and given the number 56-03. The ordinance was cancelled the next day and the number reassigned.

ORDINANCE HAS BEEN INTRODUCED FOR FIRST READING AT THE 12/1/03 MEETING (Ord. #57-03)

President Butler: We didn't have ordinances in front of us at the last meeting so we could not introduce these road vacations. We have them tonight and will introduce as first reading.

President Butler: Fine, but we are not discussing this tonight, you can discuss this at second reading and now I will take a roll call.

Councilman Greene: Mr. Butler I would like to let you know that this may cause a re-advertisement fee for these ordinances because I asked for a couple of things at the last meeting which have not been provided to me – if you want to vote on it – there may be a problem.

President Butler: Yes, we are going to vote on these.

ORDINANCE FOR FIRST READING

WHEREAS, The Township Engineer has evaluated a request for the vacation of an unimproved portion of Old Road to Englishtown; and

WHEREAS, this portion of Old Road to Englishtown, which is depicted on the Tax Map of the Township of Old Bridge is no longer needed for use as a public roadway;

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

The purpose of this Ordinance is to vacate an unimproved portion of Old Road to Englishtown right of way which is no longer needed for public use by the Township of Old Bridge.

The Township of Old Bridge hereby vacates a portion of Old Road to Englishtown as depicted on the Tax Map of the Township of Old Bridge and more fully described in the document entitled “Exhibit A – Old Road to Englishtown” on file in the Township Clerk's office. The Township of Old Bridge expressly reserves all rights and privileges now possessed by public or private utilities to maintain, repair and replace their existing facilities in, adjacent to, over or under the roadway being vacated including but not limited to gas, water, cable, telephone, electric, sanitary sewers, and any appurtenances and rights of ingress and egress relating thereto.

The consequences of this vacation shall be that title to the parcel described in “Exhibit A” shall transfer to several of the owners within the Southwood Development along that portion of the Roadway to be vacated.

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

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

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

SECTION 5: EFFECTIVE DATE

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

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

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

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

WHEREAS, Temple Ohav Shalom, located at Bordentown Avenue near Ernston Road, has requested a release of the following Performance Guarantee:

WHEREAS, a bond hearing was held on November 10, 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 works 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, County of Middlesex, State of New Jersey that the performance guarantee be released.

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

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

AUTHORIZING INTER-LOCAL SERVICES AGREEMENT WITH MIDDLESEX COUNTY FOR EMERGENCY HAZMAT RESPONSE

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 is authorized to enter into Inter-Local Service Agreement with Middlesex County pursuant to N.J.S.A. 40:8A-1, et seq; and

WHEREAS, the Township of Old Bridge shall enter into an inter-local service agreement with Middlesex County to coordinate emergency response and cost recovery efforts; and

WHEREAS, said ordinance provides that the Middlesex County Department of Public Health shall be the lead agency for Emergency HAZMAT response and cost recovery efforts; and

WHEREAS, it is necessary to establish a procedure and protocol for emergency response action and the recovery of costs incurred by the County of Middlesex and/or local municipality in an emergency hazardous materials incident.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, hereby authorizes the execution of an Inter-local service agreement with Middlesex County to coordinate emergency response and cost recovery efforts; and

BE IT FURTHER RESOLVED the Mayor and Township Clerk are hereby authorized to sign the Inter-local service agreement after approval by the Township Attorney.

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

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

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, State of New Jersey Local Municipal Budget; and

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that in accordance with NJSA 40A:4-20, an emergency temporary appropriation be and the same is hereby made for in the amount $1,987,198.00 and that said emergency temporary appropriation shall be provided in full in the 2004 budget.

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

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

AWARDING CONTRACT TO PIERCE/EAGLE EQUIPMENT CO. FOR THE STAINLESS STEEL SELF-CONTAINED FIVE UTILITY SPREADERS

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

WHEREAS, the Township has received four bids for the Stainless Steel Self-Contained Five Utility Spreaders; and

WHEREAS, the Township has determined that the lowest bidder was non-responsive to the Township specifications; and

WHEREAS, the lowest bidder has been afforded a public hearing which occurred on 11/24/03.

WHEREAS, the Township recommends the award of the contract for the Stainless Steel Self-Contained Five Utility Spreaders be given to Pierce/Eagle Equipment Co., the next lowest responsible and responsive bidder; and

WHEREAS, the Township Council wishes to award this contract to the next lowest responsible and responsive bidder, Pierce/Eagle Equipment Co., 3388 Route 22 West, Somerville, NJ 08876.

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. Pierce/Eagle Equipment Co., hereby awarded a contract in the amount of $23,170.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1187 certifying the existence of a sufficient appropriation to fund the said contract.

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

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

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

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

AWARDING CONTRACT TO LOCO AMUSEMENTS FOR THE FAMILY ENTERTAINMENT GAMES – OLD BRIDGE ICE ARENA GAME ROOM

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

WHEREAS, the Township has advertised bids for the Family Entertainment Games – Old Bridge Ice Arena Games Room on two different occasions on 9/27/03 and 10/24/03; and

WHEREAS, the Township were authorized and negotiated operation of the Arena Game Room with Loco Amusements

WHEREAS, the Township recommends the award of the contract for the Family Entertainment Games-Old Bridge Ice Arena Game Room be given to Loco Amusements, 262 Arnold Avenue, Oceanport, NJ 07757.

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. Loco Amusements is hereby awarded a contract in accordance with proposal filed with the Clerk's office.

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

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

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

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

MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR AMBOY NATIONAL BANK (GAUB ROAD)

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

WHEREAS, The Amboy National Bank is located at Gaub Road, has requested a release of the following Performance Guarantee:

Performance Bond $240,751.71 (Letter of Credit #1310 dated 11/14/90)
10% Cash Deposit $ 26,750.19
Total $267,501.90

WHEREAS, a bond hearing was held on November 10, 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 works 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, County of Middlesex, State of New Jersey that performance guarantee be released subject to the following:

1. The developer posting a two (2) year maintenance bond in the amount of $40,125.00 (15% of the Performance Bond).

BE IT FURTHER RESOLVED 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 Councilman Calogera, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

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 Clerk is hereby authorized and directed to issue to the applicants, the following licenses:

RA17-04 Frank Defino PTA
RA18-04 Frank Defino PTA
RA19-04 St. Lawrence Knights of Columbus
RA20-04 St. Lawrence Knights of Columbus
RA21-04 Old Bridge Township PTA
RA22-04 St. Bernadettes Church
RA23-03 St. Bernadettes Church
RA24-03 N.J. State Elks Association

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

Shadowlawn Drive Bus Stop – (Follow-up by Administration, Police Dept. & Recreation).

Ms. Shepler: I have told Mr. Baker that I have spoken to NJ Transit and have not yet been able to put it in memo form yet. However, NJ Transit is unable to honor our request at this time because of the schedule of the bus that goes to the Municipal Complex, if they were to add additional stops, they would only be able to do a one way pick up at Rotary Senior Housing, anyone who was picked up at 100 Ticetown would not be able to come back on the return trip. They have promised me that they would do a rider ship report and will send me a written report. They will look into this in the future.

Councilman Baker: I would ask that the clerk add this to the first meeting in January.

Ms. Shepler: I still have not heard from the County on this. This unfortunately comes down to the cost of the equipment, whether we can call someone out on a 24 hour basis from the County or whether it would be less costly to do this in-house. I am still waiting for more information from the County.

Ms. Shepler: That is what I am waiting to see, the machines are about $2,500.00 - $3,000.00. Then we would have to train someone to work it, the way our shifts work with police officers, it would be impossible. We would almost have to train the entire police department, and they would then have to come back to the station to get the noise meter.

No right turn on red on Cindy Street (Southwest corner of Cindy Street onto Route 9) (Report by: Administration)

Ms. Shepler: I have spoken to NJ Transit and the DOT and they are looking into the issue, they are not ready to issue a written report right now, it has moved from one group to another which is a heartening sign.

Councilman Calogera: When will the light on Inverness and Route 9 be operational?

Mr. Pagnotta: Have anyone looked into the buses that I spoke about a few meetings ago.

Ms. Shepler: I spoke to the Office on Aging and they said since there was such little turn out (8 to 11 people) at our center on a Saturday evening, it was not productive to do it at this time. The dance has been taken over by the Friends of the Seniors and it will be taking place at Palm's Plaza on Sundays.

Ms. Anita Greenberg: At the last meeting there was a lot of confusion regarding Chief Collow's time that is owed to him. Mr. Baker said that it was confusing and complicated, I would like to know what was so confusing. The public understands the situation, you also vote on the same thing on August 11, 2003 for Chief Palumbo. I think after hearing the township attorney explain it all, there shouldn't have been any confusion. I think if this goes to court the township will be faced with a discrimination lawsuit.

President Butler: It is not going to go to court. We have been advised that our department heads and other employees have similar benefits coming to them, I sent a memo out to all the employees, I also put a committee together. I will let Mr. Testino speak about the committee.

Councilman Testino: I have all three ordinances and I will sit down with Rich Greene and Bill Baker and we will work out whatever is reasonable and fair.

Ms. Greenberg: Is the time that the chief earned considered reasonable and fair?

Councilman Testino: As I understand it, there is the 93 ordinance (actually ordinance 56-94) that froze everything – which is what Palumbo was paid under and then there are these 2 other ordinances that were proposed in the last two months. We will compare and contrast, I spoke to the Administrator briefly and she has position. My position is that it should be across the board.

Ms. Greenberg: I think this was in his contract to begin with, before he got to this point – he had this time accrued.

Councilman Testino: The problem is the 93 ordinance. I will work this out in the committee. If you want to hear it after we get done, I will explain it to you.

President Butler: To make a long story short, he is going to get his money. There is no ifs, ands or buts about that.

Ms. Greenberg: I just feel that you voted for one, you have to vote for him, you cannot have a discrimination suit.

Councilman Testino: Nobody voted to take away his money, they asked us to do an ordinance.

Ms. Greenberg: You tabled this before the public could hear it, there has been a lot of public outcry on this. I don't understand why these things weren't cleared up before this was put on the agenda.

Councilman Testino: Because there are two or three ordinances that you have to deal with and the process is that you should do something that is good for everybody across the board, not just for one individual. We are not looking to take anything away from him.

Ms. Greenberg: His time was already accrued and calculated and to stabilize at this rate instead of the rate in 19 years.

Councilman Testino: There is no emergency pending here, he is not leaving tomorrow.

Ms. Greenberg: I understand that but it looks bad to the public when these things are not resolved and you're saying that they are complicated and that you don't understand it.

Councilwoman Panos: I keep hearing about similar situations and I have been trying to get this information, I would like to know exactly what these similar situations there are. This is sick time that we are talking about. I believe that this is public information and I would like to know who has a similar situation.

Ms. Shepler: I am not aware of anyone who has a similar situation. The ordinance that Mr. Testino referred to is one that was passed which grandfathered certain individuals in when they set the caps on the accrual of sick time. The issue that is being missed is that this sick time is only payable upon the retirement and the only issue here is whether Chief Collow, when he left his position in a bargaining unit to take a promotion to become chief would be entitled to the monetary value upon retirement that he accrued as a lieutenant, which is set by his contract.

Councilwoman Panos: I understand that part, it is very simple but what I fail to understand is how these other situations are the same. Is there another situation in this town where somebody has sick time that they would like to receive when they retire? Is there anyone in town that has the same situation?

President Butler: I've sent a memo to all township employees who do have sick time, we want to know who they are and how much sick time we owe them.

Mayor Cannon: That is available through Marsha in personnel. She sends a list out every month of people who have bought back sick time. We are very careful to keep track of this so that this is no double-dipping. This is a public record.

Councilwoman Panos: If this is a public, please sent me a list of anybody who has a similar situation.

Ms. Shepler: Every employee knows exactly how much sick time they are entitled to. In 1993 the council passed an ordinance which limited sick time upon retirement payouts; that is the ordinance that Mr. Testino is referring to and that applied to everyone. There were five or six employees who has previously purchased sick time, they were allowed to be grandfathered in that ordinance; Chief Palumbo was one of them, he purchased approximately $41,000.00 worth of sick time and then a dollar cap was placed upon it. When I was hired in December of 94, I know that when I retired from the township, the most that I could be expected to receive was $7,500.00 – that is the maximum, regardless of the number of days I had on the books. There are no other issues of sick time, that I am aware of. This ordinance that was proposed by the administration was merely to protect an employee who was leaving a bargaining unit position and going to a position not covered by a unit.

Mayor Cannon: This same thing happened with Chief Palumbo, who went from a bargaining unit to a non-union position as chief. He was allowed to keep his sick time and it grandfathered, we froze it based on the number of days, not on a dollar amount. We then realized that with peoples salaries continually going up that gave us no control. We changed it to a dollar amount and there were a number of employees because of the number of days already accrued exceeded that dollar amount. We froze them at where they were at that point. There is no one; unless they have been promoted into a non-union position that would have a similar circumstance and to my knowledge there isn't anybody except Chief Palumbo who was in the same situation.

Councilwoman Panos: Thank you for the clarification that there is nobody else with the same situation in this town.

Councilman Greene: The mayor and administrator just said that this is a very unique situation where an individual goes from a collective bargaining unit to a managerial position where he doesn't have a collective bargaining unit negotiating for him. What I recognize is that up until this point in time he has accrued this amount of sick time and deserves this amount of money and will be paid this amount of money when he retires.

Councilman Greene: I am glad that you put me on the committee but I will tell you this that I will not negotiate any other individual's provisions. To me this is cut and dry – he should get this money and I don't understand why we are debating this.

to adjoin at 9:45 p.m. by Councilman Calogera, seconded by President Butler and so ordered on an all aye vote.