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

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

NAYS: None.

ABSENT: Councilmen Maher, Testino.

RESOLUTION NO. 593

BILL LIST

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

WHEREAS, the Business Administrator has the responsibility of approving all 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 8, 2004 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 8, 2004 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 $758,919.97 (Payroll)

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

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

NAYS: None.

ABSENT: Councilmen Maher, Testino.

RESOLUTION NO. 594

BILL LIST

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

WHEREAS, the Business Administrator has the responsibility of approving all 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 8, 2004 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 8, 2004 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 $33,574.74 (Overtime).

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

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

NAYS: Councilman Calogera.

ABSENT: Councilmen Maher, Testino.

Report of the Clerk.

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

The following represents the collections made during the month of October 2004:

DOGS
2823-2851 241.00
2826 replacement .50

CATS
263-265 24.00

LICENSES
Hot Dog
Nancy Melita 50.00
Don' Dog 50.00

Limousine
Sylvester Calha 50.00

150.00

BINGO/RAFFLE
RL 92-04 Queens Courtship of Mary 10.00
RL 93-04 Queens Courtship of Mary n/c
RL 94-04 Congregation Beth Ohr 10.00
BL 01-05 Congregation Beth Ohr 470.00
RA 02-05 Congregation Beth Ohr 470.00 960.00

PARKING PERMITS
#1122-1505 (374 permits) 9,350.00
#1382,1481 replacements 10.00
voided – 1172, 1186, 1207, 1307,1393, 1411, 1448,

Temporary Permits
454-459 30.00

9,390.00

Search
7-2004 10.00 10.00

MISCELLANEOUS
Photocopies 54.75
Late fee – DOG 10.00 64.75

TOTAL $10,840.25

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

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

NAYS: None.

ABSENT: Councilman Maher.

Report of the Attorney.

Attorney Convery: I will note that if necessary, I have listed an executive session with regard to the purchase of the Pinkiewicz property. This is also on [the agenda] as an ordinance for first reading. Depending on what the council wants to do, we may or may not need an executive decision.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 37-04

ORDINANCE AMENDING CHAPTER X, SECTION 3.3 PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS

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

SECTION 1. Purpose

This Ordinance prohibits parking of vehicles along the east side of Highpointe Way between Rt.516 and Brandywine Drive

SECTION 2. Parking Prohibited on the East Side of Highpointe Way

Chapter X of the Code of the Township of Old Bridge is hereby amended by adding and supplementing Schedule II thereof (incorporated by reference in Code Section 10-3:4) with the following:

Name of Street Sides of Street Hours Location

Highpointe Way East side at all times Between Rt. 516 and Brandywine Drive

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 consistency.

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 NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-41 applicable when the Mayor has failed to return the Ordinance whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the same manner set forth at NJSA40-69A-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 Gillespie, seconded by President Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Maher.

President Baker opened a public portion. Seeing no hands President Baker closed the public portion.

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

Councilman Calogera: Is this Ward II?

President Baker: Yes, and we are just extending the parking to where the ball field is. Some of the players who park there are causing a hazard for the residents in
Highpointe.

Councilman Calogera: The parking lot is crowded, and I can understand why people park there during games. Is the parking that much of a detriment to the residents?

President Baker: Yes.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 40-04

ORDINANCE AMENDING CHAPTER II, ARTICLE III MEETINGS OF THE TOWNSHIP OF THE TOWNSHIP COUNCIL SECTION 2-3.8a OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF OLD BRIDGE

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Code of the Township, Chapter II, Article III, of the Revised General Ordinances shall be amended and supplemented as herein below set forth:

SECTION 1: Code Section 2-3.8 Meetings of the Council

a. Regular Meetings. The Township Council shall, following a municipal election, meet on January 1 at 12:00 noon for the purpose of reorganization, unless that day is a Sunday, in which case it shall meet in the next succeeding day. At other times, the Council shall reorganize at its first regular meeting of the year. The council shall meet regularly on the second and fourth Monday of each month at 7:30 p.m.; and shall meet for the general purposes of formulating and discussing its agenda, local legislation and issues on the first and third Monday of each month at 7:30 p.m. The Council may upon compliance with the Open Public Meetings Act transact formal business at agenda meetings. Agenda meetings shall be advertised together with regular meetings in the schedule of regular meetings for purposes of the Open Public Meetings Act. The Council may by resolution dispense with one (1) or more meetings. When the time for any regular meeting of the Council falls on a legal holiday as prescribed by law, such meeting shall be held at the same hour on the next succeeding day which is not a legal holiday or such other date designated by resolution. Meetings shall be held at the Old Bridge Township Municipal Building, One Old Bridge Plaza, or at such place as may be designated by the Township Council. Nothing herein shall preclude the Township Council from establishing a convenient meeting schedule on dates other than those set forth in this subsection. All Council Meetings shall conclude no later then 11:00 p.m., except that the Council President may extend the meeting for the purpose of concluding official business. No new business shall be started after 10:30 p.m. so that sufficient time may be provided for public comments and Council comments prior to adjournment.

SECTION 2. Inconsistent Ordinances.

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

SECTION 3. Partial Invalidity.

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 4. Effective Date.

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

AYES: Councilmen Butler, Gillespie, Testino, Volkert, President Baker.

NAYS: Councilmen Calogera, Greene, Councilwoman Panos.

ABSTAIN: Councilman Maher.

President Baker opened a public portion.

Ms. Seiler: Her opinion is that combined meetings should be discontinued in favor of regular and agenda meetings . Expressed her concern about the proposed curfew for council meetings.

Councilman Calogera: I have a problem with cutting the public or ourselves off at 10:30 pm. We are here to do the business of the people. I agree with the start time, but not with the rest of the ordinance. I shall vote against it.

Councilman Greene: If the meeting goes late, and you say that no new business is conducted after 10:30 p.m., what happens to that business? What about any further public comment on an issue?

Attorney Convery: This has to be viewed in context. It says "All council meetings shall conclude no later than 11:00 p.m. except that the council president may extend the meeting for the purpose of conducting official business." As this was previously discussed I think that the council president is in charge of running each and every meeting. If you have important business before you, and it appears that it makes sense to go later, the council president with or without the rest of the council can extend the meeting so that you can conclude that official business. I think this does not form a line in the sand indicating that at 10:30 p.m. the meeting is over. I think that it [the ordinance] states that you are not going to start any new business after 10:30 p.m. If you are conducting any business, or if you are listening to the public in regard to an ordinance for second reading for example, you will be able to continue that business until it is reasonably concluded. You have to read common sense into this. The idea is that you don't want to start anything new where you are not going to have sufficient time to complete it. I think that goes with the idea of when you are setting up your agenda, you should have an idea of what will take more time than other things. You would not want an agenda with thirty items on it if you know that many of those items are going to bring out the public. The council president can always extend the meeting in order to conclude official business.

Councilwoman Panos: Why did you put this on the agenda, and why do you feel the need for this?

President Baker: [This was done] to run a more productive meeting.

Councilwoman Panos: You think the council meetings are not productive?

President Baker: You asked me why, and I answered "to run a more productive meeting". Some of the reasons that I have heard stated are if the public is coming out to be heard, you don't want to make them wait around until midnight to be heard. Furthermore, there is discussion about the fact that the people who serve on boards including the council people may be compensated. The people who serve on zoning and planning boards are not. If they have to get up in the morning and commute to New York, it is not productive to keep them working until 11:30 or 12:00 at night. Part of this is to try to see to it that you are fair to the public as well as the members who serve on the various boards to have a reasonable starting and finishing time if possible. As indicated, if there is an emergency item or if it's something you want to extend to conclude public comment, you have the ability to do that.

Councilwoman Panos: Since I was elected to this council there have been more combined meetings. In my opinion the public is being shut out. If there is an important discussion, I believe they would rather stay than have to come back another night, and they deserve that right. There are times such as Crossroads when the meeting went on to midnight. I believe those meetings should have been workshops. It is a rare occasion when we are here after 11:00 p.m. ". . . .except that the council president may extend the meeting", I find this council to be discriminating and disrespectful to the public on many occasions. We are here to do the business of the town. We are not a planning or zoning board who do this for free. We receive $6,000 per year with an option for benefits which I believe is fair compensation for our time here. I believe the taxpayers deserve us to be here at all hours. This is the business of running the town, and we are public servants which is my primary reason for sitting here until 1:00 a.m. if someone has something to say. I do not agree with ending this at 11:00 p.m.

Councilman Gillespie: It was not that long ago when I sat on this council, and the only other person still here from that time is Councilman Butler. We routinely had meetings that extended past 11:00 p.m. until midnight or 1:00 a.m. Once we got beyond 11:00 p.m. those meetings were not productive for those who had worked all day and had commuted to Manhattan as Mr. Mannino did. Minds and tempers were shot. We made decisions at midnight that had we been considering earlier in the evening, may not have been made. I think the 7:30 p.m. time presents a hardship for me personally. I see no problem with ending the meeting at a reasonable time and giving the council president the discretion to extend the meeting when warranted so that if there is something on the agenda that deserves to be talked about well beyond 11:00 p.m., it can be discussed and voted upon. Having had the experience where there was not this type of control over the agenda and the process, we had meetings that were out of control. I am going to support this ordinance because I don't want us to go back to that.

Councilman Calogera: I have a problem with the word "control". We are all adults. We have the authority to motion to adjourn. Why do we have to vest that in a council president when we don't have to. I am not willing to usurp that power, and I don't see a reason why we should have to. If we have a problem and people feel that we are here too late, any council member can move to adjourn, and we can vote on it. I don't think that we should do any other business in the way of the ordinance as proposed. I am not willing to pass this over to this or any future presidents with future councils.

Councilwoman Panos: Mr. Gillespie refers to when he was on the council "back then". That was then and this is now. Whatever control they lacked back then, we seem to have under control now. To refer to Mr. Mannino, I don't know what that was about. He never put something up to have it cut short. It is easy to bring up someone who cannot speak for himself. I never saw this come up over the years when he was on the council.

Ordinance for First Reading. (Vote taken subsequent to Executive Session)

1. Ordinance authorizing the purchase of property known as Block 18094, Lots 52-83 Old Bridge Township.

Motion

to table made by Councilman Gillespie, seconded by Councilman Calogera. No vote taken.

Prior to the motion to withdraw the "table" the following discussion took place.

Attorney Convery: You are moving to table this until after the executive session, not to another date. You merely don't want to act upon this now. You would rather that there be an executive session, and we will come back. Rather than tabling this which implies that we are not going to vote on this tonight, I suggesting holding this in abeyance until after the executive session.

Councilmen Gillespie and Calogera simultaneously withdrew the table motion.

Attorney Convery: The public would not comment on this ordinance for first reading. The council has chosen to not proceed with this at this point in the meeting but will have an executive session prior to any further action on this ordinance.

Hearing.

1. Highview Estates, Inc. Sections I, II and III - release/reduction performance guarantee.

Mr. Vincenti: On October 25, the township council tabled action on the bond release for Highview Estates, Sections I, II and III. At that time there were two items of work that the council sought to have done before taking action. These were removal of a tree in the easement area and installation of an underdrain on one of the dwellings. In the last two weeks that work has been completed and inspected by my office and performed to our satisfaction. I refer to our October 25 memo which contains our recommendation for a release of the performance bond subject to the posting of a maintenance bond for two years in the amount of $461,444.20. The recommendation is consistent with what we reported at the last meeting.

Attorney Pape: The procedure laid out for us six months ago was to work with the community and assemble a list of their concerns. We did that and made those repairs. We then came before you a few months ago. We recorded any concerns that anyone expressed at that meeting. We made those repairs. We have asked for inspection by the township engineer's office. I am pleased to report that Mr. Vincenti did the final inspection and has rendered a report indicating that all the work has been done to his satisfaction. The last two items that we were requested to were personal concerns of property owners. A tree fell down in the woods; we cut it up and removed it. There was a pool installed by a property owner which resulted in drainage problems. We installed an underdrain system around their pool as a courtesy to them and out of respect for the request made by the governing body. All issues have been resolved, and we respectfully ask that the governing body adopt the report of Mr. Vincenti.

Attorney Convery: I would like to confirm with our engineer and Mr. Pape that we had a public hearing. One gentleman spoke; we closed the public hearing. Before there was an opportunity to vote, this matter was tabled. It is my recollection that you did have a public hearing and the issue is right for the council to vote if it so pleases in accordance with Mr. Vincenti's memo dated October 25, 2004.

Councilman Gillespie: We are voting to accept Mr. Vincenti's recommendation which still had a significant amount of retainage on the bond. What bonds are we still retaining?

Mr. Vincenti: We are going to release the performance bond and replace that with a maintenance bond for two years in the amount of $461,444.20.

Councilman Gillespie: We will still have $460,000 of the applicant's money to use if any other issues arise from this release.

Motion

to approve the release of the performance bond for Highview Estates subject to posting a two year maintenance bond in the amount of $461,444.20 made by Councilman Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:

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

NAYS: None.

Hearing.

2. Matchaponix Hills - release/reduction performance guarantee. Removed.

3. Presidential Estates - release/reduction of performance guarantee. Removed.

Consent Agenda.

President Baker opened a public portion.

Ms. Seiler: With respect to change order for Thomas Norman in the amount of $20,000 we spent $20,000 on August 16; we spent $5,000 for an environmental company to do an assessment. Before we are finished, how much more do we expect to be spending on this? The issue may be very worthwhile.

Mayor Phillips: You may have this confused with the environmental engineer. This case goes back to November 2003 in which the planning board deadlocked on a decision on the Brunetti application. Tom Norman was the attorney for the planning board, and he is continuing with the case. This matter is in litigation.

Seeing no further hands President Baker closed the public portion.

RESOLUTION NO. 595

BINGO/RAFFLE

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

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

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

BL 01-05 Congregation Beth Ohr
RL 02-05 Congregation Beth Ohr
RL 03-05 Southwood School

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

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

NAYS: None.

RESOLUTION NO. 596

AUTHORIZING THE CANCELLATION AND REFUND OF REAL ESTATE TAXES FOR ANTHONY BRODZINSKI, A 100% DISABLED VETERAN

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

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

WHEREAS, the following veteran has filed for the above mentioned exemption with the tax assessor; and

WHEREAS, copies of said declarations are filed with the tax assessor.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the tax collector be hereby authorized to cancel the portion of the 2003 and all of the 2004 calendar year taxes billed on the property.

BE IT FURTHER RESOLVED that these tax payments be refunded as of the date of the 100% disability exemption.

Block/Lot Date of Billing to be Refund Amount
Disability canceled

1074-48 8/5/03 $4508.21 $4508.21
Anthony Brodzinski
49 Pomona Boulevard
Cliffwood Beach

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

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

NAYS: None.

RESOLUTION NO. 597

AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH ERIC KUPER, ESQ. IN RE BOYD NASH v. TOWNSHIP OF OLD BRIDGE POLICE DEPARTMENT

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

WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of representation in connection with the legal representation of the Police Department in the workers' compensation matter known as Boyd Nash v. Old Bridge Township Police Department, Case No 1987-3236; and

WHEREAS, Eric Kuper, Esq., of the firm of Lynch Martin located at 1368 Howe Lane, North Brunswick, NJ 08902 is a licensed New Jersey attorney, is recognized as capable and available to undertake such work.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge as follows:

1. The contract for professional services is authorized to be entered into with Eric Kuper, Esq., in the usual form.

2. The scope of the work to be performed by Eric Kuper, Esq. shall be representation of the Police Department in the workers' compensation
matter known as Boyd Nash v. Old Bridge Township Police Department, Case No. 1987-3236.

3. This contract is awarded for a term not exceeding the current budget year. A certification of funds No. 1291 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

Budget Year FY 2004/2005
Cert No. 1291
Amount $2,500.00

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

4. This a contract for professional services in accordance with New Jersey Public Contract Law. The Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: representation of the Old Bridge Township Police Department in the workers' compensation matter known as Boyd Nash v. the Old Bridge Township Police Department, Case No. 1987-3236.

This resolution is conditioned upon the following:

A. Formal execution of a contract approved by the Director of Law

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

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

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

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

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

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

NAYS: None.

RESOLUTION NO. 598

REQUESTING A TEMPORARY EMERGENCY BUDGET APPROPRIATION IN THE AMOUNT OF $2,982,636.50

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 2005 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 N.J.S.A. 40A:4-20, an emergency temporary appropriation be and same is hereby made for in the amount of $2,982,636.50 and that said emergency temporary shall be provided in full in the 2005 budget. (See attached).

Current Budget
Salaries & Wages $2,152,250.00
Other Expenses 830,386.50

TOTAL $2,982,636.50

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

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

NAYS: None.

RESOLUTION NO. 599

AUTHORIZING CONTRACT WITH CHAMPION CONTRACTING CORP. NUNC PRO TUNC FOR EMERGENCY REPAIRS NECESSARY AFTER RAIN FALL EVENT ON AUGUST 11, 2004

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

WHEREAS, the Township of Old Bridge required the services of a contracting firm with regard to the emergency situation created by the rainfall event of August 11, 2004; and

WHEREAS, Champion Contracting Corp., a licensed New Jersey contracting corporation, is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with Champion Contracting Corp. in the amount of $8,900.00 for the emergency repairs from storm damage on August 11, 2004 at the municipal complex.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, as follows::

1. The contract for emergency repairs from storm damage on August 11, 2004 at the municipal complex is authorized to entered into with Champion Contracting Corp. in the amount of $8,900.00 nunc pro tunc.

2. The Mayor and Clerk are hereby authorized to execute any documents necessary to extend this contract.

3. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1290 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

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

B. 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 and AA201 or otherwise complying with affirmative action employee information reporting.

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

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

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

NAYS: None.

RESOLUTION NO. 600

AUTHORIZING THE ADMINISTRATION TO NEGOTIATE SNOW REMOVAL RATES

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 in need of a vendor(s) to provide snow removal services for the Township; and

WHEREAS, there is a need for negotiations to commence for the procurement of these services so that services are immediately available; and

WHEREAS, the administration of the Township of Old Bridge is requesting authorization to negotiate with local vendors for snow removal services.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the administration of the Township of Old Bridge is authorized to negotiate new snow removal rates with local vendors.

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

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

NAYS: None.

RESOLUTION NO. 601

AUTHORIZING THE TOWNSHIP ENGINEER TO SIGN DEP AGREEMENT ON THE SOMMER PROPERTY

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 desires to enter into a voluntary agreement with the Department of Environmental Protection in regard to the department overseeing the cleanup of the Sommer site; and

WHEREAS, a Preliminary Assessment Report of the property has been performed by Thomas T. Griffin of Environmental Resources Management (ERM), Ewing, NJ, dated October 2004 on behalf of the Township of Old Bridge as environmental consultant to the Township of Old Bridge in regard to the Sommer property, and he has determined that there are numerous potential areas of concern on the site.

WHEREAS, the township engineer has reviewed the Technical Requirements for Site Remediation, NJAC 7:26E, and the Preliminary Assessment Report; and

WHEREAS, the Township Council believes that the township engineer is the appropriate signatory to the Memorandum of Agreement Application for Non-Residential Properties.

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 Township of Old Bridge to enter into a voluntary agreement with the Department of Environmental Protection in regard to the department overseeing the cleanup of the Sommer site; and

BE IT FURTHER RESOLVED that the township engineer, John Vincenti, is hereby authorized to execute the voluntary agreement between the Township of Old Bridge and the Department of Environmental Protection after approval by the township attorney; and

BE IT FURTHER RESOLVED that a copy of the Memorandum of Agreement Application for Non-Residential properties be kept on file in the Office of the Township Clerk.

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

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

NAYS: None.

ABSTAIN: Councilmen Gillespie.

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

Attorney Convery: This is in regard to the Estate of Sommer v. the Township of Old Bridge that was settled last year. This case has been in court since 1988. There is an environmental firm, ERM, which has done the Phase I analysis which is to earmark potential problems and to go further and do a Phase II environmental study. When you get involved in this, you have to let the state DEP know what is going on, and they have a standard form which is their DEP agreement for them to monitor any findings that occur on the site. This makes good sense from the environmental standpoint for the DEP to know whether there are any environmental problems. This resolution authorizes the township engineer on behalf of the township to sign a voluntary agreement with DEP where they become involved in the process. Once this is sent to DEP we will later have the Phase II environmental study which will be a more in depth study.

RESOLUTION NO. 602

AUTHORIZING THE EXTENSION OF THE CONTRACT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND THOMAS NORMAN, ESQ. IN THE MATTER KNOWN AS BRUNETTI V. OLD BRIDGE PLANNING BOARD

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

WHEREAS, the Planning Board of the Township of Old Bridge has recommended the extension of certain existing contracts with attorneys.

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

1. The contract previously granted to Thomas Norman, Esq. for the purpose of legal assistance to the Planning Board of the
Township of Old Bridge in regard to the matter of Brunetti v. Old Bridge Planning Board be extended in an amount not to exceed $20,000.00.

2 The award of the contract is contingent upon the issuance of Certification of Availability of Funds No. 1267 certifying the existence of a sufficient appropriation to fund the said contract.

3. There will not be a necessity for an additional contract to be provided, as the original contract is presently on file with the Township Clerk's office.

4. The Mayor and Clerk are hereby authorized to execute any documents necessary to extend this contract.

5. Subject to the maximum amount authorized above and as available appropriation, the Director of Law of the Township of Old Bridge may increase the funding of this contract by issuing one or more supplemental purchase orders.

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

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

NAYS: None.

ABSTAIN: Councilman Gillespie.

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

Councilman Gillespie: I had separated this because there was no information in our packet. I move to table.

Attorney Convery: I am aware that this litigation is on going and quite extensive. There have been a number of conferences held at town hall between Tom Norman, various engineering consultants and people on behalf of the Brunetti organization. This has been quite involved. Our township engineer is aware that there is an outside consultant who works with Mr. Norman. Mr. Norman and his son, Chris, are working very diligently on behalf of the township, and I believe that their request is reasonable. It is up to the council as to whether or not they want to proceed. I know that this was tabled one other time, but that is why I mention the information I have.

Mayor Phillips: You have served on the planning board and know the situation. There was a 4/4 tie at the planning board. I believe the Brunetti case surrounds 1528 units. The decision will weigh heavily upon the future of this town. I think there is no way to stop the litigation. I think that we have picked the team that has carried it from last November until now. I believe that because of the time that has been spent, we are entitled to a few more dollars. If I could predict to you that for $20,000 we were going to win, I would tell you to spend it, but I am not sure how the case is going to go, but I do know that the case has to go forward, and I know that they are entitled to reasonable compensation.

Councilman Calogera: I voted on this on the planning board, and I did vote against this project which was one of the people that sent it into litigation. I believe the litigation was the right way to go. I was hoping there wasn't litigation, but that litigation was not on our part. It was on the part of the Brunetti association. In defending the planning board's move to deny the application, this is how we got caught up in this. It does happen. Anyone who has been on the planning board realizes that we have to take stands one way or the other on projects, and this is where this planning board went last year. I have no problem with my decision to vote against that project. We need to defend. Mr. Norman is an intelligent person with a well-known qualified firm. I recommend that we go ahead and pay this bill.

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

Councilman Testino: Mr. President, could you ask the counsel to come in to brief us on the litigation so that Mr. Gillespie won't be left in the dark?

Attorney Convery: I will contact him to come in during a meeting in December to indicate the status.

Public comments on any subject matter.

Ms. Seiler: Expressed her joy that the minutes of August 16, 2004 were approved and her displeasure at the length of time for their appearance on the internet. Suggested that video tape of council meetings be available at the library. Expressed her disagreement with Attorney Convery's interpretation of the law relating to the approval of minutes and adoption of ordinances.

Attorney Convery: I disagree with the speaker, but respect her opinion. When she says "they say our minutes are illegal", no one has said that our minutes are illegal except the speaker. It is my position that the minutes are done in a timely fashion, and they are verbatim, and that our Clerk's office is complying with the law. I am aware of the fact that our Clerk's office just had elections and a rabies clinic. I realize that the minutes having to be done verbatim is extremely time consuming, and I believe they are acting reasonably. As far as the tape [is concerned], I think that we discussed informally that there is no reason why a tape cannot be available the next day, and I would defer to the business administrator on that.

President Baker: Michael, do you have a comment on this?

Mr. Jacobs: We can make those arrangements and have a tape available.

Councilman Testino: I am not necessarily disagreeing with the speaker, but I think that this is a good segue to a debate about what the meeting minutes are, and I agree with a comment that Attorney Convery glossed over. We are preparing verbatim transcripts, and many other towns, agencies and authorities minutes are exactly that. The connotation is a brief synopsis of what the action was. We could produce those quicker and still produce transcripts if that is what the council's request is. I know that there was a debate some time ago that we have transcripts, but now that we have video and audio that can be available next day, perhaps we can go back to preparing minutes so that the action items can be seen and approved and perhaps make the speaker's argument moot if it were true.

Councilman Calogera: I think the speaker's point was that we had to have the minutes posted prior to having a second reading, correct? If so, perhaps Mr. Convery can address if this is factually correct.

Attorney Convery: My understanding regarding the minutes is that if they have to be produced promptly, the case in point that I reviewed did not specify exactly what "promptly" was in every case. I think this has to be reviewed on a case by case basis.

Councilman Calogera: With regard to a second reading of an ordinance . . .?

Attorney Convery: The ordinance is published in a newspaper prior to second reading. There is no debate on first reading. After first reading the ordinance is published in the newspaper. After that the public is invited to attend the meeting and comment on the ordinance. The ordinance is also posted which I think complies with state law.

President Baker: I think that verbatim minutes are labor intensive, and I would love to see us move to general minutes with a tape available, and I will take the necessary action to look into proceeding in that direction.

Mr. Lewicki: Asked when ordinance Nos. 38 and 39-04 were to be published again for second reading.

Attorney Convery: Everyone in the Clerk's office is involved in the general election. There are certain requirements as far as other notice, i.e., to people within 200 feet of any property affected by that [ordinance]. That was not able to be done. Through the engineering office, my office and the clerk's office those notices will be prepared, and a target date will be set for a council meeting. Those notices will be mailed out to everyone within 200 feet of the subject property. It will be published in the newspaper and on the agenda so that there will be clear notice when the ordinances will be heard for second reading.

Mr. Trabucco: Expressed his dissatisfaction with the township council meeting curfew.

Mr. Dunlop: Expressed his satisfaction with the township council meeting curfew.

New business.

Mayor Phillips: It is my duty, obligation and pleasure that based on the ordinance and the estoppel period passing, I recommend for your confirmation members to the redevelopment agency. There are three projects pending. One is the YMCA for which we would like to have an agreement shortly. The other is the Crossroads project which needs to be worked on, and I think that Mr. Badcock put out a request for qualifications for firms to come in and compete for the establishment of the golf course. I am allowed to make six appointments. They are as follows:

Roy Quackenbush, a local architect and planning consultant (two years)
Mark Proudman, EDC treasurer and regional branch administrator for a local bank (three years)
Robin Rosen, an EDC member and principal of Oasis Ford (three years)
Russell Azzarello, a former mayor and executive director of the EDC (four years)
Frederick Kurtz , a professional civil engineer and former township engineer (five years)
William Volkert, the former police chief (five years)

RESOLUTION NO. 603

CONFIRMING MAYOR'S APPOINTMENTS TO THE TOWNSHIP OF OLD BRIDGE REDEVELOPMENT AGENCY

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

the Township Council of the Township of Old Bridge hereby confirms the Mayor's appointments of the members of the Township of Old Bridge Redevelopment Agency as follows:

Roy Quackenbush Term ending November 8, 2006
Mark Proudman Term ending November 8, 2007
Robin Rosen Term ending November 8, 2007
Russell Azzarello Term ending November 8, 2008
Frederick Kurtz Term ending November 8, 2009
William Volkert Term ending November 8, 2009

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

AYES: Councilmen Butler, Gillespie, Maher, Testino, Volkert, President Baker.

NAYS: Councilmen Greene, Councilwoman Panos.

ABSTAIN: Councilman Calogera.

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

Councilwoman Panos: I would like their qualifications in writing as you have just read them.

Councilman Greene: I preface my vote by saying that I don't believe that a redevelopment agency is necessary to develop Mannino Park or the golf course. I can understand why redevelopment has been put in place to develop Crossroads. It is really a way in which to set a process in place to award politically connected individuals and firms. I am not going to vote for any of these appointments. I don't want the council or anyone else to take this personally. I am voting against them because I just believe this whole charade is being perpetrated with regard to the Crossroads project and the unfortunate situation whereby we are taking valuable open space and giving it away to developers. I will be voting "no" on these appointments.

Motion

to table the mayor's appointments to the redevelopment agency until more is known about them made by Councilwoman Panos, seconded by Councilman Greene and so denied on the following roll call vote:

AYES: Councilmen Calogera, Greene, Councilwoman Panos.

NAYS: Councilmen Butler, Gillespie, Maher, Testino, Volkert, President Baker.

Subsequent to the roll call vote on the table motion discussion continued on the original motion.

Councilman Calogera: I am not going to be voting on this at all which has no reflection on the individuals. The redevelopment on the O&Y property is not necessary. I have no problem with this being left as open space or becoming commercial development to provide jobs. If we are just going to build 810 homes, we would realize more money and cut out a lot of the contracts and nonsense if we had the planning department write up a plan for a number of lots and put it out to bid. That would probably get us the most amount of money in this town. I don't know why we are "putzing" around creating a redevelopment agency, layers of bureaucracy, soliciting bids . . . If you are intent, and there is no way out of going with houses on that property, the way to do it would be to put it out with approved lots. We can design it the way we want, and we can put it out to bid, and we don't have this nonsense. I am not going to be voting on appointments to the redevelopment agency.

Subsequent to the roll call vote on the affirming vote of the appointments to the redevelopment agency the following statement was made.

Attorney Convery: The six appointments are hereby confirmed.

New Business (con'td.)

Councilman Gillespie: According to our ordinance we also have one appointment for a member of this governing body to sit on the redevelopment agency. I think that we have just appointed six fine members who have stature and credentials that are well known to the people in this township. I would like to put in nomination Edward Testino to serve as the council representative on the redevelopment agency.

RESOLUTION NO. 604

APPOINTING EDWARD TESTINO, COUNCIL MEMBER, TO BE A CLASS "A" COMMISSIONER ON THE OLD BRIDGE REDEVELOPMENT AGENCY

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

WHEREAS, the Old Bridge Redevelopment Agency has been created by Ordinance No. 29-04 effective October 8, 2004; and

WHEREAS, said Agency shall have one (1) Class "A" Commissioner who shall be appointed by resolution of the Township Council from among the membership of the Township Council. The initial term of said Class "A" Commissioner shall be for one (1) year, except that the term of such Class "A" Commissioner shall terminate if such Commissioner is no longer a member of the Township Council. Such commissioner shall serve for the term of his appointment and until his successor has been appointed and qualified; and

WHEREAS, the Township Council wishes to appoint one of its members to the position of Class "A" Commissioner of the Old Bridge Township Redevelopment Agency.

NOW, THEREFORE, BE IT RESOLVED that Council Member, Edward Testino, is hereby appointed as Class "A" Commissioner of the Old Bridge Township Redevelopment Agency in accordance with the provisions of N.J.S.A. 40A:12A-11 and Old Bridge Township Ordinance No. 29-04.

Moved by Councilman Gillespie, seconded by Councilman Volkert and so ordered on the following roll call vote:

AYES: Councilmen Butler, Gillespie, Maher, Testino, Volkert, President Baker.

NAYS: Councilmen Greene, Councilwoman Panos.

ABSTAIN: Councilman Calogera.

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

Councilman Calogera: I would like to know if Mr. Testino feels that he can serve in that capacity and in his various capacities throughout the county without having a conflict.

Councilman Testino: If voted, I will accept. If there is a conflict, I will ask the attorney for a ruling.

Attorney Convery: It seems to be that if the agency is an arm of the township council, and Mr. Testino is a voting member of the township council, there would be no conflict with him being the council member who serves on the redevelopment agency.

Councilman Calogera: I know Mr. Testino works for various towns and the county. I know that the redevelopment agency is going to oversee Mannino Park and the YMCA project which is also in concert with the county and its funds. I don't now what other properties, e.g. the golf course or O&Y, are going to have similar situations where county funds are involved or other agencies or other firms that might be a problem. I need to ask the question which is not meant to embarrass Mr. Testino, but I believe that it does need to be answered .

Councilman Testino: If a conflict arises, I will abstain from whatever vote comes before me.

President Baker: The question was asked and has been answered.

Councilwoman Panos: You have already stated that if you are on there and a conflict arises, you are going to abstain. You have your hands in many pots, Mr. Testino. How many times have you abstained on this council because of conflict? This is a redevelopment agency, and I am a bit concerned. You are going into this saying that you may have to abstain many times.

Councilman Testino: I didn't say that; you said that.

Councilwoman Panos: You said if there is a conflict.

Councilman Testino: I said if one arises, and I feel that it is appropriate to abstain, I will.

Councilwoman Panos: And if twenty arise?

Councilman Testino: I think that you have the same obligation in your capacities.

Councilwoman Panos: I am not spread out as far as you are. If twenty arise, you would abstain twenty times?

President Baker: We are not going back and forth. You have your opinion, Councilwoman Panos, and you asked a question, and Mr. Testino has answered it. He can only answer so many times. If there are twenty, he is going to do his duty.

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

Attorney Convery: As a matter of law that constitutes a one-year appointment. I will prepare a resolution confirming the appointment and provide it to all council members.

Mayor Phillips: Are you sure about that or is it [the appointment] to the end of his term?

Attorney Convery: The ordinance says that "the initial term of the Class A member shall be for one year except that the term of such Class A commissioner shall terminate if such commissioner is no longer a member of the township council." However, he serves until someone else is duly appointed and confirmed. This is a one year time frame unless and until he either leaves the council or someone else is appointed and replaces him.

Councilwoman Panos: That means that after next November if the complexion of this council changes, someone else could be reappointed?

Attorney Convery: I am saying "no". I am saying that the appointment is for one year from today. If Mr. Testino moves to California, and he resigns from the council, he would have to give up the position. If Mr. Testino continues to serve for one year, he continues to serve like any other commissioner until a replacement is appointment and confirmed.

President Baker invites a member of the public to speak.

Ms. Seiler: Did the council know that these appointments were being made tonight? According to the law, the appointments were supposed to be made by the council, and technically, they were because you voted.

Attorney Convery: That is not correct, the ordinance has the appointments by the mayor. When the state law uses the term "governing body", if you read further into the state law, there are some times when it speaks about a "governing body" and the appointment is for a mayor under the Faulkner Act, or there are other times when it is by a township council. It does not use the term "township council", it uses the term "governing body". If you read our Ordinance No. 29-04 which was previously passed and is effective, it indicates that the mayor appoints six members.

Ms. Seiler: I said that I thought that was incorrect because of the way that the state law was written.

Attorney Convery: This ordinance was sent to the state, reviewed and approved. Our business administrator sent it to the state for review, and the Local Finance Board approved it. It could not go into effect until that was done.

Ms. Seiler: The ordinance speaks about "staggered" appointments. I want to know which commissioner is going to be for one year, two years, three years and which for four years?

Mayor Phillips: I thought I did that. The two year appointment is Roy Quackenbush. The three year appointments are Mark Proudman and Robin Rosen. The four appointment is Russell Azzarello. The five year appointment is Fred Kurtz and William Volkert.

Ms. Seiler: I thought that when you made appointments that the positions are posted so that any citizen who would like to apply can. Why wasn't this posted?

Attorney Convery: I will check with the mayor's office through the business administrator regarding what was posted.

Ms. Seiler: I think that this is not the way things are usually done.

Mayor Phillips: I received a number of resumes from people who are interested.

Ms. Seiler: There are always big postings on the first page of the web site. Was it no place? I go to the township clerk's office at least once a week. I did not see any postings, and that is the place where postings are usually done. We seem to be doing things in very different ways as it suits our convenience in this town. We don't seem to be following any standards. The agenda was not posted until today. We are doing things to our convenience to keep things from the public.

Councilman Calogera: I want to know where it was posted.

Mayor Phillips: I will get an answer for Kevin. I have announced this on television. This was posted because I received a number of resumes.

New business con'td.

Councilman Butler: The mayor was kind enough to read a letter from Susan Bass Levin in reference to the tax credit monies for the independent living for disabled individuals. We thank the DCA and the N. J. Housing, Mortgage and Redevelopment Agency for their support in this endeavor. We have great boards and good committees in this town with mostly volunteers, and it is amazing what gets done. We are fortunate to have leaders with vision, in particular Mary Ann Gurliaccio, who is chair person of the housing/redevelopment organization.

The board must coalesce with respect to speaking about topics long before they get here. In order for us to go ahead on this project, we had to appear on the zoning board agenda and before this council which passed four resolutions before we moved ahead with this process. We thank this council. We did this project because we saw an opportunity to be able to do the project with the availability of tax credits, but we had to do this in a timely manner, and we thank everyone in administration.

The other members of the committee are Mary Sohor, Colleen Flynn-Antonis, Joseph Azzarello, Lance Hilfman, Betty English, Tom Leary (executive director), Fran Portlock (director of operations), and Colleen and Renee (two staff members). I thank Anita Clavering for supporting this project. The Maher Manor project is to be completed by the end of December. The application project is about to start. There are only one hundred units for affordable senior housing with a list of four hundred people. We will do the best we can for the people of Old Bridge. There are specific criteria involved in this process. We are happy to have received cash credits and hope to have a ground breaking by the end of December.

Executive Session (8:45 p.m.)

RESOLUTION NO. 605

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

AUTHORIZING AN EXECUTIVE SESSION

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

Purchase of Pinkiewicz Property by the Township of Old Bridge

BE IT FURTHER RESOLVED that this meeting shall reconvene in public session in ten 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 Testino, seconded by President Baker and so ordered on the following roll call vote:

AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, President Baker.

NAYS: None.

ABSENT PODIUM: Councilman Calogera, Councilwoman Panos.

Combined meeting resumes 9:45 p.m.

Ordinance for first reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 41-04

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE
AUTHORIZING THE PURCHASE OF PROPERTY IN THE TOWNSHIP OF OLD BRIDGE KNOWN AS BLOCK 18094, LOTS 52-83

WHEREAS, the Township of Old Bridge wishes to acquire the property known as Block 18094, Lots 52-83 on Englishtown Road as open space to be annexed to Veterans Park; and

WHEREAS, pursuant to N.J.S.A. 40A:12-3, the Township of Old Bridge shall acquire property by ordinance; and

WHEREAS, the cost of acquisition for said property shall be $350,000.00 and shall be provided by the Open Space Trust Fund of the Township of Old Bridge; and

WHEREAS, the Township of Old Bridge finds that the acquisition of this property will enhance Veterans Park and further buffer it from Englishtown Road.

NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Old Bridge as follows:

The Mayor and Township Clerk are hereby authorized to execute any and all documents to purchase the property known as Block 18094, Lots 52-83 in the Township of Old Bridge, subject to written professional confirmation that said property is free of any environmental restraints or contamination which would limit the full use and enjoyment of said property; and further subject to the condition that seller be able to deliver at closing of title a Bargain and Sale Deed with covenant against Grantor's Acts, and good and marketable title which may be insured at regular rates by a reputable title company licensed to do business in the State of New Jersey; and

BE IT FURTHER ORDAINED that the Finance Director is hereby authorized to release the sum of $350,000 from the Open Space Trust Fund for the purchase of Block 18094, Lots 52-83 upon closing of title in accordance herewith.

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.

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 of the ordinance shall be deemed invalid and ineffective.

EFFECTIVE DATE

This ordinance shall take effect twenty (20) days after publication thereof after final adoption, unless the council shall adopt a resolution at final adoption declaring an emergency and at least two-thirds of all the members of the Township Council shall vote in favor of such resolution pursuant to N.J.S.A. 40:69A-181 and upon this ordinance taking effect shall not be retroactive.

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

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

NAYS: Councilman Maher.

ABSENT PODIUM: Councilman Testino.

Motion

To adjourn at 9:10 p.m. made by President Baker, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Testino.

_______________________________
William Baker, Council President

_______________________________
Rose-Marie Saracino, Township Clerk

Distributed:
pg

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