A Regular meeting of the Township Council of the Township of Old Bridge was held on December 8, 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.

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

NAYS: None.

ABSENT: Councilmen Baker, Maher, Testino.

Prior to the vote the following discussion took place.

Councilwoman Panos: I just want to thank the Chief Collow. the overtime keeps going down.

President Butler: I want to second that.

Report of the Clerk

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

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

DOGS
2993-3009 140.00

140.00

CATS
307-309 21.00 21.00

LICENSES
Christmas Trees
Junice Trees 100.00
Big Top Trees 100.00
Taxi
Ed In Town Car Service 5.00
205.00

BINGO/RAFFLE
BA 07-04 St Thomas Church – Add’l fee 10.00
RA 17-04 Frank Defino Central School 10.00
RA 18-04 Frank Defino Central School 50.00
RA 19-04 St Lawrence K of C 110.00
RA 20-04 St Lawrence K of C 10.00
RA 21-04 OBHS PTA 10.00
BA 22-04 St Bernadette’s Church 520.00
BA 23-04 St Bernadette’s Church 500.00
RA 24-04 NJ Elks Handicapped Children 170.00
BA 25-04 Congregation Temple Beth Ohr 460.00
RA 26-04 Congregation Temple Beth Ohr 460.00
BA 27-04 St. Ambrose Church Comb Socs. 60.00
BA 28-04 St. Ambrose Church Comb Socs 490.00
RA 29-04 St. Ambrose Church Holy Name 500.00
BA 30-04 St. Ambrose Church Altar Rosary 500.00
3,860.00

PARKING PERMITS
#1450-1519 ( Permits) 1,600.00
#1451, 1455, 1459,1467, 1493
replacements 25.00
#1485 VOIDED n/c

Temporary Permits
#375-377 (3 permits) 11.00
1,636.00

SEARCH
23 & 24- 2003 20.00
20.00

MISCELLANEOUS
Late Fee – Dog 15.00
Late Fee – Cat 5.00
Photocopies 30.29
50.29

TOTAL $5,932.29

MOTION

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

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

NAYS: None.

ABSENT: Councilmen Maher, Testino.

Report of the Attorney

Attorney Ruggierio: The Nesslage trial was suppose to start today, we requested and received a postponement until January because of information on the appraisal report that we need to investigate.

Councilwoman Panos: I have a letter dated October 20, 2003 from Louis Rainone regarding the police list. In the letter he indicates that there was a freeze involved with this police list. Was there a freeze on the hiring of policemen?

Attorney Ruggierio: No.

Councilwoman Panos: There was not a freeze for this list?

Attorney Ruggierio: The discretion to hire or not to hire is something that is exercised by the Mayor and Department Head. There was no formal freeze imposed by any governmental agent.

MOTION

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

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

NAYS: None.

ABSENT: Councilmen Maher, Testino.

Council Comments

Councilman Greene: I want to thank Rocco Donatelli and the Public Works Department on the fine job that they did removing all the snow this weekend. They did a great job.

Preliminary Public Comments

Barbara York: I would like to thank the Recreation Department for removing the snow at St. Thomas School. They did an excellent job.

APPROVAL OF MINUTES

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

RESOLUTION #599-03

WHEREAS, the following minutes are hereby approved:

October 27, 2003 – Regular Meeting

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

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

NAYS: None.

ABSENT: Councilmen Maher, Testino.

ABSTAIN: Councilman Volkert.

PROCLAMATION

Pearl Harbor Remembrance Day

WHEREAS, on December 7, 1941 the Imperial Japanese Navy and Air Force attacked units of the armed forces stationed at Pearl Harbor, Hawaii; and

WHEREAS, more than 2,000 citizens of the United States were killed, and more than 1,000 citizens of the United States were wounded on the attack on Pearl Harbor; and

WHEREAS, the attack on Pearl Harbor marked the entry of the United States into WWII; and

WHEREAS, the veterans of WWII and all other people of the United States commemorate December 7, in remembrance of the attack on Pearl Harbor; and

WHEREAS, federal legislation designating each December 7 as National Pearl Harbor Remembrance Day was enacted in 1994; and

WHEREAS, commemoration in the Township of Old Bridge of the attack of Pearl Harbor will instill in all people of this community a greater appreciation and understanding of the selfless sacrifice of the individuals who served in the armed forces of the United States during WWII.

NOW, THEREFORE, I, BARBARA CANNON, MAYOR OF THE TOWNSHIP OF OLD BRIDGE do hereby call upon all citizens with appropriate ceremonies and activities and ask these organizations, groups and individuals to fly the flag of the United States of America at half staff each December 7 in honor of the individuals who died in the attack on Pearl Harbor.

Mayor Cannon: I believe that it is very important to commemorate this anniversary and remember the men and woman who gave their lives for this country, especially in light of the events of September 11, 2001.

PRESENTATION

Sayrewood South Little League District Champs (13 year olds)

The certificates was presented by Mayor Cannon, Councilman Greene and Councilman Calogera to the following players:

Tom Abair, Eric Gargiulo, Paul Hillier, Nikhil Khanna, Joe Layton, Anthony Meli, Dennis O’Berg, Joe Presa, John Provenzano, Joseph Schneider, Mike Stacey, Frank Tornabene

Coaches: Bob Meli, Jack Stacey
Manager: Jerry Gargiulo

Councilman Greene: I would like to congratulate the Sayrewood South Little League for their efforts. This group competed in the 13 and 14 year olds All-Stars championship and won the District 10 Championship. The township is very proud of them. I would like Mr. Bob Pepe who is on the executive board to say a few words about the organization.

Mr. Bob Pepe: The group that is here tonight was put together about eight months ago and sent to our all-star competition. This group bonded from day one, with the coaches and parents they won the Old Bridge bracket, the continued to win down south. We are very proud of them and really appreciate them. I would also like to thank that council and Mayor Cannon for all the support that they have given our league.

President Butler announced that there would be an executive session pertaining to contract negotiations.

Executive Session at 8:30 p.m.

EXECUTIVE SESSION

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

RESOLUTION #600-03

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 10 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 President Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Maher.

NO PARTICIPATION: Councilman Volkert.

Meeting Reconvened in Executive Session at 8:38 p.m.

ENDORSING SETTLEMENT OF POLICE BENEVOLENT ASSOCIATION LOCAL NO. 127 CONTRACT - Increase of 3.9% on July 1, 2002 (retroactive) and another increase of 3.9% on July 1, 2003 (retroactive)

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

RESOLUTION #601-03

WHEREAS, the Police Benevolent Association (PBA) contract expired on June 30, 2002; and

WHEREAS, the Township of Old Bridge has reached a tentative agreement with the Police Benevolent Association (PBA) for a new contract; and

WHEREAS, the new contract shall be for a term of two years; and

WHEREAS, the contract provides for an annual increase of 3.9% beginning July 1, 2002 and another increase of 3.9% on July 1, 2003; therefore

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township approves the agreement reached between the Township of Old Bridge and the Police Benevolent Association (PBA) in accordance with the terms referenced herein and more specifically set forth in a memorandum of agreement dated December 8, 2003. The Township labor counsel is hereby directed to draft a formal contract modification which will be hereafter adopted; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign any and all documents necessary to effectuate the terms of this Resolution.

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

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

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilman Redmond.

NO PARTICIPATION: Councilmen Volkert.

Prior to the vote the following discussion took place.

Councilman Testino: I would like to have the administration’s recommendation on the record.

Mr. Robert Clarke, Esq: I would recommend this settlement to the governing body; I think it is a good contract.

Councilman Testino: Do you believe that the give and take is reasonable?

Mr. Clarke: Yes, the agreement recognized some of the serious health benefit issues that are facing the township and also provides for a fair wage adjustment.

Councilman Testino: Does Administration and Chief Collow recommend that we settle the contract?

Mayor Cannon: Yes.

ENDORSING FRATERNAL ORDER OF POLICE CONTRACT - Increase of 3.9% on July 1, 2002 (retroactive) and another increase of 3.9% on July 1, 2003 (retroactive)

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

RESOLUTION #602-03

WHEREAS, the Fraternal Order of Police contract expired on June 30, 2002; and

WHEREAS, the Township of Old Bridge has reached a tentative agreement with the Fraternal Order of Police for a new contract; and

WHEREAS, the new contract shall be for a term of two years; and

WHEREAS, the contract provides for an annual increase of 3.9% beginning July 1, 2002 and another increase of 3.9% on July 1, 2003; therefore

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township approves the agreement reached between the Township of Old Bridge and the Fraternal Order of Police in accordance with the terms referenced herein and more specifically set forth in a memorandum of agreement dated December 8, 2003. The Township labor counsel is hereby directed to draft a formal contract modification which will be hereafter adopted; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign any and all documents necessary to effectuate the terms of this Resolution.

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

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

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilman Redmond.

NO PARTICIPATION: Councilmen Volkert.

Prior to the vote the following discussion took place.

Councilman Calogera: Does this come with the same recommendations?

Chief Collow: Yes.

Mr. Clarke: These are basically identical settlement.

Councilman Calogera: I would like to see these contract negotiations be expedited.

Guest

The Sheehan Consulting Group – (Re: LDO 2003 Zoning Map) Tom Sheehan & Sam Rizzo

Mr. Sheehan: We have been working in collaboration with your in-house planning staff and engineer over a number of months and the final product before you is over 507 pages - your existing ordinance is about 290 pages. There were four separate work drafts of the documents, three separate drafts of the map. There were eight workshop meetings, there were six staff memos that generated the various text revisions. What we tried to do is bring that ordinance into the 21st century, this is probably the most complicated ordinance that I ever worked on. We took your ordinance that had about 400 definitions and brought it up to about 650, there were actually about 1,000 until the planning board attorney cut some out because we wanted this to be a living document that could sustain attack in the future. A Land Development Ordinance is meant to control growth and be sustainable under attack. There is a very large map that needs to be discussed and gone over in depth. I don’t expect all you to go through the long and tedious text in depth. I would urge you to go through the zoning section and all the appendices as it relates to a permitted uses and the bulk requirements for the lot sizes, the amount of parking that is required so that you have general understanding of the complexity of the ordinance. Your staff has done a great job in terms of taking me to task to make it right. This is a living document and should. I am at your disposal for work shops if want to schedule them.

Mr. Rizzo: This is a lengthy document and there are copies available in the planning office, the public library – there is a short summary sheet that shows the major changes – there is also a map available. Between now and the next public hearing members of the public can review and formulate some comments. We would ask if there are comments that we come up with a means of registering those comments with the Township Clerk so that they can be organized and addressed one by one.

Councilman Redmond: We had decreased the number of dwelling sites significantly in the original draft – Are we still on the same track?

Mr. Sheehan: Yes. The mandate that I was given by the planning board was to reduce density where appropriate and reasonable.

Councilman Redmond: There was some discrepancy between the State map and ours with respect to the Economic Development Zone, have those been taken into consideration in this ordinance?

Mr. Sheehan: The big map is still in debate; it may or may not still be a valid document. What we have attempted to do is make is it reconcile with the state plan in the five various planning areas that are enunciated in the state plan. We have tried to reflect those in the Township Zoning Map and in fact, they were reflected in the Master Plan Land Use Map that the zoning ordinance is now going to enforce. The answer to your question is: We will have to wait and see if the Big Map survives, but as it relates to the adopted state plan, it does reconcile with the state plan.

Councilwoman Panos: When will there be another workshop?

President Butler: I will have the clerk’s office set it up.

Mr. Rizzo: I would suggest that you call my office with questions and if I can’t answer them, I will contact Mr. Sheehan for the answer.

Mr. Sheehan: I am looking for corrections so that this document can work for the next six years and so it has a sound statutory life to it.

President Butler: Thank you for coming in.

BUDGET AMENDMENTS

Mr. Shah: I am please to present this amendment because it eliminates the municipal tax increase, it leaves the rate at 73 cents per 100.

After many months of work and phone calls we received $300,000.00 in Extraordinary State Aid, that helped lower the tax rate one penny. We have reduced the number of proposed positions that were funded in the proposed budget – that helped us further reduce the tax increase. We finally adjusted our reserve for uncollected taxes – we increased the anticipation rate from 97.66% to 97.9%. We were very careful in reviewing that because when we presented the budget in July we had a preliminary financial statements and the auditors have pretty much completed our statements and we have achieved our highest collection rate of 99.52% and that gave us the comfort level to be able to increase the collection rate of anticipating in the coming year’s budget and that lowered another $300,000.00. We made the adjustment to the budget to cover the majority of the salary increases in the proposed settlements that you approved tonight. The amendment has been approved by the state and we need to introduce the amendments tonight so that we can adopt at the next council meeting. This will be advertised December 11 and the public hearing will be December 15th where you will adopt the budget. I recommend introduce the amendment tonight.

Councilman Calogera: What are at reserves at now? I want to make sure that we maintain our bond rating.

Mr. Shah: We just received our bond rating and based on our financial positions they have removed the negative outlooks on our ratings. It wasn’t really an increase in our ratings but it is a positive rating for us.

Councilman Calogera: You said that the difference between 97.6 and 97.9 freed up $300,000.00.

Mr. Shah: Yes. 1% costs about $1,000,000.00 – that is why we are always conservative when we anticipate the collection rate percentage. We have a 99.52% collection rate, we are about 1 ½ % below what we actually collected last year.

Councilman Calogera: Are we going to go with a zero increase?

Mr. Shah: These amendments will result in a zero tax increase.

Councilman Calogera: If we are at 99.52% collection rate and we went a ¼ point which represents $300,000.00 – can we shave another ¼ point of that?

Mr. Shah: I would not recommend that. I had enough of a struggle recommending this but I knew that the goal was to not increase the municipal tax amount. I am afraid if we go further in cutting we will start raising flags again with the bond rating. Keep in mind that we are using a large amount of surplus in the budget – we always use most of our surplus back into the budget and if we do not regenerate that we will have to make an adjustment to the anticipation of surplus next – this happened last year by $1,000,000.00.

Councilman Calogera: Where do we stand with the liquor license that is out to bid?

Mr. Shah: This budget; as introduced anticipated the $200,000.00 revenue from the sale of the liquor license. The opening is January 12, 2004 and we expect to raise $200,000.00 or more by this sale. We asked the state for a waiver to allow us to adopt this budget before the sale in January.

Councilman Calogera: Anything over $200,000.00 will go into surplus.

Mr. Shah: Yes but keep in mind, next year we will not have the full $200,000.00 to anticipate in the budget and we have to start making up that difference.

Councilman Redmond: We also have two more licenses that we are going to sell.

Mr. Shah: I do not think that there are any plans to sell these.

Councilman Greene: You said most of the collective bargaining salary increase was included in the budget. How much is “most”?

Mr. Shah: When we did the calculation for 3.9% increase and what we anticipated, we were almost $80,000.00 short, our plan in the initial was to reduce our salary adjustment by $50,000.00 – we haven’t done that at that leaves about $30,000.00 and I feel confident that we will have savings in some of the accounts that we will be able to cover the $30,000.00.

Councilman Greene: Do you feel by the way negotiations are going and by the way you have structured the budget with these amendments that you would be able to cover a settlement which may occur in the near future?

Mr. Shah: Yes.

Councilman Greene: How does the overtime cost that would have resulted from the snow over the weekend affect the budget.

Mr. Shah: The snow overtime is always an issue – you can never predict the amount – we have consistently budgeted the same amount – 3 years ago we were in good shape because we didn’t have snow – the last two years we have had to do an emergency appropriation because of the amount of snow. That is the avenue that we follow – if we anticipate a large amount and don’t spend it – that creates a problem. We will continue to manage the snow account the same way and I think that 99% of municipalities do it this way.

Councilman Greene: The sale of the liquor license, if crucial to the budget, do you foresee any other revenue source that we could use to reduce taxes?

Mr. Shah: One of my hopes is that the EDC will come up with a plan for development of our commercial land which will help generate the revenue that we need. The state just passed a law for a hotel tax, I am hoping that a hotel moves into town. Municipalities are very limited as to what we can do to generate revenue.

Councilman Greene: I just want to make sure that we all understand that the sale of the liquor license is a one time revenue.

Mr. Shah: You are right. We have three liquor licenses but we are only selling one and as I understand it that was the plan.

Councilman Greene: I did not know that there was a possible consideration of selling two more licenses. I would caution against doing that because it is only a one-shot revenue and we would have to make it up next year. I support comments that you’ve made about preparing a financial plan so that if you make adjustments to the current budget, you can see the impact next year and the year after. It certainly makes sense when you are talking about one shot revenues.

Councilwoman Panos: What is the minimum bid for the liquor license?

Deputy Clerk Ward: $250,000.00.

Councilwoman Panos: There is $50,000.00 more than you budgeted and $30,000.00 short in the salary increases. As far as I know there are no plans to sell another license. I would like to get a sense of my co-council – if we sell the other licenses the money should go into reducing taxes – it should go into everybody’s wish list.

Mr. Shah: I generally recommend when you have a one-time revenue it is used for certain one time expenses, so that the following year we remove both sides. Or it could end up in surplus, one of the things that we are doing with this budget; as we promised the bond rating agencies – we are increasing our available surplus balance after what we use by $200,000.00 – that was promise that council made last year.

Councilwoman Panos: What is our rating?

Mr. Shah: Right now Moody’s has us at Aa3 and Fitch is Aa minus.

Councilwoman Panos: I am looking for them to increase our rating.

Mr. Shah: I think that if you look at our municipality over the last ten years and compare it to other municipalities, I think that we have taken the lead in how we do the budget – a lot on municipalities are doing exactly what we are doing – raising their surplus because they realize that it helps the bottom line with their bond rating and financial positions. If the council stays the course I think that we will be in good shape.

Councilwoman Panos: I want to caution the council to make sure that we keep the reserve.

Councilman Baker: I would have voted no on any tax increase, over the past two years I have learned from the people in ward two that they have had enough of municipal tax increases. My compliments to the council, mayor and Mr. Shah for finally saying “enough is enough” and there will be not more tax increases in the municipal tax.

Councilman Testino: I would like to credit Mr. Shah with coming back to us with an approach to our request for a zero tax increase. I see that he has attacked the expenses and revenues. Are we knocking $282,000.00 in the expense column?

Mr. Shah: Yes.

Councilman Testino: I see that you are eliminating some of the positions through out sourcing.

Mr. Shah: From that and through attrition (In finance we have reduced the staffing to part time) the out sourcing is in the Arena. We have consolidated the purchasing position to the Assistant Finance Director. We have not done any lay-offs.

Councilman Testino: Was the bond ratings that we received based on the amendments?

Mr. Shah: Yes, they are aware of the amendments. We have invited the rating agencies to visit us next year and hopefully improve our ratings.

Councilman Testino: The state funding and the sale of the liquor license is helping us depress the tax rate to zero. Is that an accurate statement?

Mr. Shah: Yes, that is true.

Councilman Testino: So we are not using the sale for anyone’s wish list.

President Butler: I want to thank the Mayor and her administration for the work on this and all the phone calls and letter writing to the DCA to get this extraordinary aid. I think that we learned from last year that we have to be involved in the process

BUDGET AMENDMENTS

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

RESOLUTION #603-03

WHEREAS, the local municipal budget for SFY 2004 was introduced the 11th day of August, 2003; and

WHEREAS, the public hearing on said budget has been held as advertised; and

WHEREAS, it is desired to amend said introduced budget.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the amendments to the introduced budget of SFY 2004 be made as per the attached;

BE IT FURTHER RESOLVED that the proposed amendments will be advertised in the Home News and Tribune pm December 11, 2003;

BE IT FURTHER RESOLVED, that the public hearing will be held on the proposed amendments on Monday, December 15, 2003;

BE IT FURTHER RESOLVED that three certified copies of this resolution be filed forthwith in the office of the Director of Local Government Services for his certification of the 2004 local municipal budget so amended.

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

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

NAYS: None.

ABSENT: Councilman Maher.

ORDINANCE FOR SECOND READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 55-03

AN ORDINANCE VACATING A PORTION OF OLD ROAD TO ENGLISHTOWN

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:

SECTION 1: PURPOSE

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.

SECTION 2: ORDINANCE

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.

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

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

SECTION 5: EFFECTIVE DATE

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Maher.

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

Consent Agenda

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

MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR COMMERCE BANK – BLOCK 9000, LOT 44.11

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

RESOLUTION #604-03

WHEREAS, the Commerce Bank which is located at the intersection of Route 516 and Red Oak Lane, has requested a release of the following Performance Guarantee

Performance Bond $240,090.01 (Bond #103341445)
10% Cash Deposit 26,687.77
Total $266,7636.78

WHEREAS, a bond hearing was held on November 24, 2003 at which time the Township Engineering Department and 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 subject to the following:

1. The developer posting a two (2) year maintenance bond in the amount of $40,015.00 (15% of the total 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 Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Maher.

AUTHORIZING RELEASE OF PERFORMANCE GUARANTEES FOR KAPLAN AND KALIAN BONDS FOR THE OAKWOODE DEVELOPMENT

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

RESOLUTION #605-03

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

1. Based on assurances from the Township Attorney and Township Engineer that adequate substitute performance guarantees have been posted by K. Hovnanian, Inc., the prior guarantee posted by Kaplan related entities and Kalian entities may be released.

2. The following bonds are hereby declared as void and unenforceable:

Bond No. Face Amount Surety Principals/Obligors Sections Covered W10871 $5,000.00 Southeastern Casualty & Indemnity Insurance Co. Inc Kaplan @ Old Bridge,Inc, Michael Kaplan and Morris Kaplan
1

9351 $242,550.00 Southeastern Casualty & Indemnity Insurance Co. Inc Oakwoodes at Madison, Michael Kaplan and Morris Kaplan
1

9352 $294,382.00 Southeastern Casualty & Indemnity Insurance Co. Inc Oakwoodes at Madison, Michael Kaplan and Morris Kaplan
1

9354 $277,780.50 Southeastern Casualty & Indemnity Insurance Co. Inc Oakwoodes at Madison, Michael Kaplan and Morris Kaplan
2

624434 $167,512.80 First Indemnity of America Insurance Company Kaplan at Old Bridge, Inc, Michael Kaplan and Morris Kaplan
3A

623614 $290,577.00 First Indemnity of America Insurance Company Kaplan at Old Bridge, Inc, Michael Kaplan and Morris Kaplan
3B

S01690 $357,860.52 First Indemnity of America Insurance Company Kaplan Companies d/b/a Oakwoodes at Old Bridge, Inc, Michael Kaplan and Morris Kaplan
4A

S01785 $637,397.04 First Indemnity of America Insurance Company Kalian Corporation Inc.
5A

W10574 $239,982.00 Southeastern Casualty and Indemnity Insurance Company Kaplan at Spring Knolls, Inc., Michael Kaplan and Morris Kaplan
8

623615 $2,029,844.40 First Indemnity of America Insurance Company Kaplan Spring Knolls, Inc, Michael Kaplan and Morris Kaplan
9,10 and 11

3. The original bonds marked void may be returned to the respective obligors and any cash balances may be released to the party which posted same.

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION SUPPORTING THE DRAINAGE IMPROVEMENTS AT ROUTE 9 AND JAKE BROWN ROAD TO MITIGATE FLOODING

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

RESOLUTION #606-03

WHEREAS, the Township of Old Bridge is aware that the New Jersey Department of Transportation (NJDOT) proposed plans to mitigate flooding conditions on U.S. Route 9 in the vicinity of Jake Brown Road. The project is to be constructed by the NJDOT; and

WHEREAS, the proposed drainage improvements will mitigate flooding of the ramp and the proposed work will also include a sidewalk along Ramp U and a crosswalk from where the sidewalk ends. The crosswalk will be across Jake Brown Road to the Park and Ride lot; and

WHEREAS, the Township of Old Bridge supports the drainage improvements and the proposed sidewalk and crosswalk which will improve the safety conditions of the ramp which will benefit the municipality and NJDOT.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that it hereby supports the drainage improvement project of the NJDOT;

BE IT FURTHER RESOLVED that a certified copy of the Resolution of Support for the project shall be forwarded to the NJDOT.

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

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

NAYS: None.

ABSENT: Councilman Maher.

BINGO/RAFFLE

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

RESOLUTION #607-03

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

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

BA25-04 Congregation Beth Ohr
RA26-04 Congregation Beth Ohr
RA27-04 Combined Societies of St. Ambrose Church
BA28-04 Combined Societies of St. Ambrose Church
BA29-04 Combined Societies of St. Ambrose Church
BA30-04 Combined Societies of St. Ambrose Church

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

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

NAYS: None.

ABSENT: Councilman Maher.

ABSTAIN: Councilman Redmond.

Prior to the vote the following discussion took place.

Councilman Baker: I would like to ask the attorney if council members have to abstain from voting on bingo licenses because they are a member of the parish?

Attorney Ruggierio: Generally speaking a membership in a church is not a reason for abstaining. If it was a variance for the organization, that would be a reason to abstain.

Councilman Redmond: I am abstaining because I call the numbers at bingo.

AUTHORIZING THE EXECUTION OF INTER-LOCAL AGREEMENT WITH MIDDLESEX COUNTY FOR DOCUMENT STORAGE

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

RESOLUTION #608-03

WHEREAS, the Township of Old Bridge is authorized to enter into an Inter-Local Agreement with the County of Middlesex for storage of municipality documents pursuant to N.J.S.A. 40:8A-2, et, seq; and

WHEREAS, the Township of Old Bridge shall enter into an inter-local agreement for storage of the Township’s municipal records at the County’s Division of Archives and Records Management (DARM) Center; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that it hereby authorizes the execution of an inter-local agreement with Middlesex County to provide storage of municipality’s records at DARM Center.

BE IT FURTHER RESOLVED the Mayor and Township Clerk are hereby authorized to sign the Inter-Local agreement after approval by the Township Attorney. A certified copy of this resolution shall be forwarded to the County Office.

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

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

NAYS: None.

ABSENT: Councilman Maher.

ABSTAIN: Councilman Testino.

RESOLUTION AWARDING CONTRACT #03-13 FOR CONSTRUCTION OF LOGAN’S DAM TO PIONEER GENERAL CONTRACTING

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

RESOLUTION #609-03

WHEREAS, the Township of Old Bridge advertised and received bids for Contract #03-13 for construction of Logan’s Lake Dam; and

WHEREAS, bids were received and opened on October 29, 2003; and

WHEREAS, the Township Council wishes to award the contract for the construction of Logan’s Lake Dam to the lowest responsible bidder; and

WHEREAS, the Township Engineer has recommended that a contract be awarded to Pioneer General Contracting Company, located at 127 William Street, South River, NJ 08882 as they submitted the lowest responsible bid.

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

1. Pioneer General Contracting Company is hereby awarded a contract in the amount of $159,820.00 for construction of Logan’s Lake Dam.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1188 certifying the existence of a sufficient appropriation to fund the said account.

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 Certification of Availability of Funds as aforesaid.

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

D. Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA301, or otherwise complying with Affirmative Action employee information reporting.

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

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

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

NAYS: None.

ABSENT: Councilman Maher.

Prior to the vote the following discussion took place.

Councilman Volkert: This is an important and worthwhile project and Councilman Hoff worked very hard to get to this point where we are awarding a contract. I am pleased to support this resolution.

RESOLUTION CALLING FOR AN AMENDMENT TO THE STATE’S BUDGET TO INCLUDE A PROPERTY TAX RELIEF FOR QUALIFYING SENIOR CITIZENS

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

RESOLUTION #610-03

WHEREAS, the State of New Jersey implemented a program known as the “Property Tax Reimbursement” for homeowners age 65 or older, or receiving Federal Social Security disability benefits, for property tax relief on their principal residence; and

WHEREAS, the program offered property tax relief in the form of State reimbursement of the difference between the amount of property taxes paid in the base year and the amount paid in the application year; and

WHEREAS, the program was based on income eligibility and provided continued relief once eligibility was established and maintained; and

WHEREAS, many citizens filed for this program in 2001 and in 2002 with the knowledge that they would receive their reimbursement for the base year and every succeeding year; and

WHEREAS, without previously informing municipalities or citizens the State adopted their budget without the proper funding in place to support the program and informed citizens by receiving their checks with the following message “ The State’s Annual Budget established restrictions on this year’s benefit by limiting payments in this year to maximum of what was paid for last year” and

WHEREAS, this action seriously impacts the citizens of the Township of Old Bridge who are experiencing a significant tax increase and are depending on receiving this reimbursement from the State of New Jersey.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey do strongly oppose this action and call for an amendment to the State’s budget to include this relief.

BE IT FURTHER RESOLVED that a certified copy of this Resolution be sent to Governor McGreevey, Senator Martha Bark, NJ League of Municipalities and all municipalities in New Jersey.

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

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

NAYS: None.

ABSENT: Councilman Maher.

Prior to the vote the following discussion took place.

Councilman Greene: I do not have a copy of this in my packet – I would like to know more about it.

Ms. Shepler: You should have a copy of a resolution from the Township of Lumberton, that is the resolution that we will be using.

Councilman Greene: I don’t have it.

Mayor Cannon: This is just to re-instate the property tax freeze. Everyone that was in the program was allowed to stay in it, but no new people were allowed to sign up, this resolution is to allow it to continue and for others who qualify to be able to join.

Councilman Greene: The council on October 13th supported a resolution which asked Governor McGreevey to restore a whole assortment of programs that were cut, this was one of them. We can certainly do it again.

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

Council Comments

Councilwoman Panos: The current police list expired October 28, 2003 and I would like to know the plans to start a new police test and what the process is.

Ms. Shepler: I have no information on that at this time. The list expired October 28, 2003.

Councilwoman Panos: What is the process if this administration wants a new police test? In there is time frame for this?

Ms. Shepler: I do not have a time line for an open academy. This will be my next to last council meeting – I have not pursued anything further and have had no further discussion with the chief on this issue.

Councilwoman Panos: I would like to ask Chief Collow if he is interested in having a new police test issued?

Chief Collow: At this time I am in the middle of giving a Sergeants exam, which will be concluded in a couple of months. If the list is expired and I don’t have police officers to chose from I would like to go ahead a hire new police officers, at this time. With the availability and the approval, I would certainly like to move forward and give a new test in order to hire new police officers to bring us up to strength.

Councilwoman Panos: I really appreciate the way that you have been handling the whole police department, I am amazed at the way you have reduced overtime and I think that you are entitled to get a new list going as soon as you like.

Councilman Testino: When will the Sergeants exam be?

Chief Collow: I am in the middle of it right now, we just finished the written phase, I have three days of oral scheduled for the middle of January. I should finish up testing by the end of February, if all goes according to my time schedule.

Councilman Greene: I was under the impression that the administration was going to submit a purchase order to the state police department to start the process off by administering a written exam. Apparently that hasn’t happen and I am very disappointed. If you have a list that is expired I would expect that the administration would move forward and start the new list. I understand that it takes about three months to generate a list. I understand your explanation about being in the middle of the Sergeant’s test but it would seem to me that if is the State that administrates the written exam, certainly we could go forward with that. I have supported you but I am really disappointed when hear that action has been taken on the part of administration, no action from the police department because we are concentrating on a Sergeant’s list. Quite honestly, I don’t buy it, I feel that the process for the new list should have been started. I think that it is the obligation of the administration and the police department to do that. I don’t think that it is fair to those individuals who decided one, two or three years ago that they wanted to be a police officer and were looking forward to taking a test and now that are limbo. I think there are people out there who deserve to take the test. The current list is four years old, it expired, according to our ordinance and now we are sitting here and saying “ if we need police officers a couple of months from now, we will hire from the old list.” I don’t accept the explanations that I’ve been getting. I think that there is an obligation to move forward with a new test.

Chief Collow: I understand your concerns and, as the recently appointed Chief of Police, I clearly understand my responsibilities and my duties. Public safety and the welfare for the citizens of Old Bridge is clearly paramount to me. If it is, through the advice of our legal department, clear and concise, that I am able to go ahead and go forward and give an entrance examination – I will do that. As a new chief, I would like to give a new test and hire new police officers. I understand your concerns and respect the comments that you made.

Councilman Greene: Did you formally ask the attorney?

Chief Collow: I will get together a meeting with the legal department on this issue.

Councilman Baker: I would like to thank Rocky and his department for the job that he did during the snow storm. I would like to the thank the residents in ward two for their patience.

Councilman Testino: I would like to lock Richard Greene in on his comments for hiring new officers. I don’t want to be here six months from now and you say “let’s not hire new officers”.

Councilwoman Panos: Mr. Ruggierio, is there any reason why the chief should not go ahead and ask for a new test?

Attorney Ruggierio: Under this form of government, the department head hires police officers, Ms. Shepler is the director of public safety. I do not have the ordinance in front of me, but I think that she has a continuing obligation to keep a current list. There is not a current list at this time and it would be my advice to her that she should initiate whatever is necessary to start the process for a current list.

Councilwoman Panos: The chief asked for the advice of the attorney and now we have it, so can we get started on this?

Councilman Testino: Can we give him a break and let him get back to his office?

Councilwoman Panos: I am asking Ms. Shepler to meet with the attorney and the chief and move forward with the new test.

Ms. Shepler: I would be happy to meet with them both.

Mayor Cannon: Since the chief is here tonight, I would like to say that in less than five months on the job he has accomplished a tremendous amount, he has significantly reduced the overtime, he has put into place a Sergeant’s exam of which the first part has been given, he has made staff changes to make the operation more efficient, he has instituted training programs. I think that he has done a tremendous job and I want to thank him. I feel very confident that he will continue to do a terrific job and work with the council and the new administration to continue to make sure that we have the best police department ever. One of the reasons that I chose Tom Collow is because he is a very thoughtful individual, who thinks things over and balance things to make sure that it gets done the right way. Thank you chief.

MOTION

to adjourn at 9:30 p.m. by Councilman Testino, seconded by Councilman Baker and so ordered on an all aye vote:

___________________________________
Reginald Butler, President

___________________________________
Rose-Marie Saracino, Township Clerk

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Township of Old Bridge
1 Old Bridge Plaza
Old Bridge, NJ 08857
Main Phone: 732-721-5600