OLD BRIDGE TOWNSHIP COUNCIL
COMBINED MEETING
January 12, 2004
A Combined meeting of the Township Council of the Township of Old Bridge was held on January 12, 2004 in the Municipal Complex. The meeting was called to order by President Baker who asked all present to participate in a salute to the flag which was followed by a short prayer.
Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places. The next meeting will be January 26, 2004 at 7:30 p.m.
Roll call at 7:10 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker. Councilmen Gillespie, Maher and Testino arrived late.
President Baker asked for a moment of silence for the troops serving in the Persian Gulf.
President Baker asked that the residents of Old Bridge display the flag everyday.
Bill List
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #44-04
WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of January 12, 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 January 12, 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 $28,336,328.55 (General Fund)
Moved by President Baker, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilmen Gillespie, Maher, Testino.
Bill List
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #45-04
WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of January 12, 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 January 12, 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 $692,343.62 (Payroll)
Moved by Councilman Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilmen Gillespie, Maher, Testino.
Bill List
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #46-04
WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of January 12, 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 January 12, 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 $932,924.69 (Payroll) Moved by Councilman Butler, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilmen Gillespie, Maher, Testino.
Bill List
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #47-04
WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of January 12, 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 January 12, 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 $66,039.09 (Overtime)
Moved by Councilman Butler, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Butler, Greene, Volkert, Councilwoman Panos, President Baker.
NAYS: Councilman Calogera.
ABSENT: Councilmen Gillespie, Maher, Testino.
Bill List
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #48-04
WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of January 12, 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 January 12, 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 $42,959.89 (Overtime)
Moved by Councilman Butler, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilmen Gillespie, Maher, Testino.
Report of the Attorney
Attorney Ruggierio: There is no report.
Councilwoman Panos: I would like to ask the attorney about a letter dated January 22, 2004 from Mr. Rainone stating that the Mayor never responded to his October 28, 2003 (re: Police List) letter. I have a copy of the Mayor's response dated December 19, 2003 – was this mailed out?
Attorney Ruggierio: I would assume that it was.
Preliminary Public Comments
Anita Clavering: I would like to kindly address Council President Baker tonight and sure hope my poetry is written just right. Like all poetry lovers do, I wanted to address you in rhyme, But would like to keep it in exactly three minutes time. I am asking to please give an update on the status of Poet Laureate here, which hopefully will be happily and fully passed this year. Your answer will be truly appreciated gratefully, which will indeed mean so very much to me. As well as all poetry lovers of Old Bridge, ever true. On their behalf, I heartily and fully say thank you.
Richard Carlsen: I would ask the council to consider the Green Acres effect and safety matter in trying to get a bus stop on Route 9 for the Stratford Apartments. This may be helpful in trying to get NJ Transit to agree to the bus stop.
Ms. Susan Blumig: I was told that there would be support in the way of professionals at the Aberdeen Planning Board meetings to help us fight the development on Morganville Road. There were no professionals there and I would like to know why.
President Baker: I do not know why, but I can tell you that there will be someone at the meetings in the future.
Ms. Blumig: The meeting is in March and I will let you know the date.
James Blumig: There are stakes in the property behind mine (Old Bridge property) that have CME Associates written on them, I would like to know what they are there for.
President Baker: Leave your name and address with us and we will get an answer for you before the next meeting.
Anita Greenberg: Is the Township going to hire police officers from the expired list or was there a purchase order done for a new test? Since the overtime in the police department has been significantly diminished – what is the urgency at this point to hire new officers?
President Baker: This will be discussed later in the meeting and you can ask these questions later.
Mr. Rao: Now that the Council and Mayor are Democratic, I hope that they can work together to reduce property taxes. I want the new Mayor to work on getting the school taxes under control.
Seeing no hands President Baker closed the public portion.
HEARING
Release/Reduction Performance Guarantee Maron Enterprises
Mr. John Vincenti: This is for the Delta gas station on Route 9 by Miller School. We have performed our inspection and everything is in order and we are recommending a release of the performance bond subject to the posting of a maintenance bond in the amount of $17,723.60.
President Baker opened the public portion. Seeing no hands President Baker closed the public portion.
MOTION
to release the performance bond of Maron Enterprises, subject to a posting of a maintenance bond in the amount of $17,723.60 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.
ABSENT: Councilman Gillespie.
Release/Reduction Performance Guarantee Park's Edge – Attorney request's postponement.
DISCUSSION ORDINANCE
DO-1 Ordinance Authorizing Acceptance of Land – Beaver Brook Associates, Inc.
Mr. Vincenti: This item relates to the dedication and acceptance of open space from the developers. Under normal circumstances we would just advise you to adopt the ordinance, however, on this property there is an outstanding issue regarding maintenance. This has not been satisfactorily resolved. I believe that we should withhold formally accepting the property.
MOTION
to table by President Baker, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Gillespie.
ORDINANCE FOR FIRST READING
TOWNSHIP OF OLD BRIDGE ORDINANCE NO. 01-04
AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AUTHORIZING ACQUISITION OF REAL ESTATE INTEREST (WATERFRONT PARK – PHASE II) (Block 1, Lot 55; Block 1, Lot 56.11; Block 1, Lot 57.11; Block 1, Lot 57.12 and Block 1, Lot 58)
BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows:
Section 1.
Pursuant to N.J.S.A 40A: 12-5 the Township of Old Bridge is hereby authorized to acquire by purchase, gift or condemnation the lands/premises known and described as easements over, under and across lands known as Block 1, Lot 55, Block 1, Lot 56.11, Block 1, Lot 57.11, Block 1, Lot 57.12 and Block 1, Lot 58. These easements are for public walking areas along the bayshore.
Section 2.
The Mayor and Township Clerk and Director of Law are hereby authorized to take any action and to sign any and all documents necessary to carry out this Ordinance.
Section 3. Inconsistent Ordinances.
All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency.
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 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 Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Gillespie.
BID OPENING
Contract #03-34 - Sale of One Plenary Distribution License (Minimum Bid of $250,000.00)
Clerk Saracino: On December 22, 2003 the Township received three bids for the new plenary distribution license, of the three bids received, none indicate a premises. A resolution will be adopted in about three weeks accepting the highest bid. The highest bidder is subject to an official background check being done before we can issue the license. Since there is no cited premises, active use of the license has to take place within the timeframe of our regulations.
Councilman Calogera: How long is that?
Clerk Saracino: If it using a current store; six months. If not, they will have to go before the Planning Board and I think that the outset is eighteen months.
Councilman Calogera: What happens if the license is not used in that time.
Clerk Saracino: He has a right to a hearing; he will forfeit his deposit.
Clerk Saracino opens the three sealed bids that were received and they are as follows:
Each bid included a $20,000.00 deposit check.
1. Heilbrunn, Pape and Goldstein on behalf of Versanta Perkari 428 Lloyd Road, Aberdeen, NJ - $301,116.00.
2. Parna Earla – Tauger Drive, Belle Meade, NJ - $252,000.00
3. John Bone – Flanders Drive, Hillsboro, NJ - $276,000.00
Clerk Saracino: It appears that the apparent high bidders is Versanta Perkari.
DO 3 Ordinance Amending Chapter 2 “Administration”, Department of Law of the Code of the Township of Old Bridge (Section 2-8.1)
Mayor Phillips: The current ordinance does not allow any outside practice, this ordinance will change the wording from “may not” to “may”. This is in anticipation of Mr. Ruggierio not staying in Old Bridge Township. I think that this provision will give us a better opportunity. I understand the reason that the ordinance was written and that was to prevent us from hiring a firm. We do not intend to hire a firm, we intend to hire an individual and that individual may have one or two clients that don't do business in Old Bridge. We are going to hire a salaried employee, full time and they may have a limited outside practice.
Councilman Greene: I have become accustomed to get a fast response from the current township attorney; will that still be the case? I question whether if the attorney is given the ability to have outside work, how accessible will he be to the council. In order for me to vote for this I would like to know more in the way the individual's circumstances.
Mayor Phillips: The person will come before the council for consent and you will have an opportunity to have your questions answered. I want to be able to draw from the largest pool. I do have an individual in mind. I would not want to mention his name, but in private I would tell you who I am considering.
President Baker: I would like to do the Mayor's Proclamation now and get back to the discussion afterwards.
PRESENTATION
Proclamation – 25th Anniversary – Old Bridge Regional Hospital
Mayor Phillips presents the following Proclamation to a representative of Old Bridge Regional Hospital
Whereas, In 1976, Perth Amboy General Hospital embarked on an ambitious building program to construct an 80-bed affiliate hospital in Old Bridge Township. The doors to the new hospital were opened to the community less than two-years later, on January 2, 1979. Through its affiliation with Perth Amboy General Hospital, residents south of the Raritan River could take advantage of all the advanced medical services and techniques usually reserved for hospitals in urban centers; and
Whereas, The first meeting of the Auxiliary Public Relations Planning Committee took place on May 20, 1976. The purpose of the meeting was to get together for the first time those individuals who had agreed to form an auxiliary for the Old Bridge Affiliate Hospital. The Auxiliary pledged $100,000 over a 5-year period of time for the building program. Community leaders and officials of Perth Amboy General Hospital officially designated the new affiliate health care facility on Ferry Road near Route 18 as “The Old Bridge Regional Hospital” in June of 1978; and
Whereas, The Old Bridge Regional Hospital stands as testimony to our priority to serve the citizens of Old Bridge Township, while setting a precedent for providing cost effective shared medical services on a regional basis. The concept of establishing a regional hospital was born in response to the demonstrated need for redistributing health care facilities in Middlesex County; and
Whereas, The hospital was originally opened as an accredited 80 bed intermediate care facility for medical and surgical patients, including laboratory, radiological and emergency room services, as well as an operating suite. Backed by the 493 bed Perth Amboy General Hospital, the new care facility would serve an estimated 100,000 residents; and
Whereas, More than 1,400 people were admitted to the Old Bridge Regional Hospital in its first year of operation. Twenty-five years later, the Old Bridge Division of Raritan Bay Medical Center admits over 5,200 patients annually; and
Whereas, Advancements in surgery and non-surgical therapies, diagnostic testing, education and continued physical expansion occurred throughout the 1980's. In fact, Old Bridge Regional Hospital became home to the first laser knee surgery performed in New Jersey in 1988; and
Whereas, The construction of the Old Bridge Medical Arts Building brought a new level of convenience to physicians and patients, further upholding the medical center's pledge to provide the highest quality health care to residents; and
Whereas, The 1980's brought continued growth with Renewal 2000, which added a new lobby, gift shop and fourth floor for patient care at the Old Bridge hospital. Shortly thereafter, Project ER made dramatic changes to the hospital as the emergency department was doubled in Old Bridge; and
Whereas, Looking ahead, the Old Bridge Division of Raritan Bay Medical Center will embark on a new building program during its anniversary year. This multi-million dollar expansion will ensure that the current and growing population has access to state-of-the-art, high quality, skilled health care services close to home.
Now, Therefore, I, Mayor James T. Phillips and the Township Council of Old Bridge do hereby call upon all citizens to observe January as Raritan Bay Medical Center Month – Old Bridge Division, and further congratulate them on their 25th anniversary.
DO 3 Ordinance Amending Chapter 2 “Administration”, Department of Law of the Code of the Township of Old Bridge (Section 2-8.1)……CONTINUED
Councilwoman Panos: The Law Department was established by referendum. The people of this town voted for a full time legal department. I hope that you take that into consideration.
Mayor Phillips: This will be a full time attorney and a full time legal department.
Councilwoman Panos: Will you require him to sign off on something that the says that Township of Old Bridge is his first priority?
Mayor Phillips: Once we get the specifics and the individual presents himself you can ask all those questions. Of course, you have the right to not confirm him. I do believe that once the choice is made you will be pleased.
Councilwoman Panos: Will his salary be the same?
Mayor Phillips: His salary is set by ordinance.
Councilman Greene: I am very glad to hear that this is a full time position.
Mayor Phillips: I understand your concern. In the past some towns have hired firms who bill by the hour, believe me we are not going in that direction.
Councilman Gillespie: I was here in 1992 and voted to create the law department because that was what the new mayor wanted and I believe that a new mayor should have a certain amount of deference afforded to them to pick the professionals for their administration. We should allow this mayor the opportunity to present us with a professional that he would like to work with.
ORDINANCE FOR FIRST READING
TOWNSHIP OF OLD BRIDGE ORDINANCE NO. 02-04
ORDINANCE AMENDING CHAPTER 2, SECTION 2-8.1, “ADMINISTRATION” DEPARTMENT OF LAW, OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE
Section 1. Purpose of Ordinance
This Ordinance is adopted for the primary purpose of amending Chapter 2, Section 2-8.1, “Administration”, Department of Law, of the Code of the Township of Old Bridge as follows:
Section 2-8.1
Delete the following sentence: “He shall not be permitted to engage in the private practice of law”.
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 Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, President Baker.
NAYS: Councilwoman Panos.
DISCUSSION ORDINANCE
DO-4 Ordinance Amending Chapter 2 “Administration”, Department of Police of the Code of the Township of Old Bridge (Section 2-14.5E & Section 2)
Mayor Phillips: One of the first people that I chose to speak to was Chief Collow because the police department plays such an important part in Old Bridge. The budget for this year is for 104 police officers, we began the week with 98 police officers, we ended the week with 97, we had a retirement. The last officer was July 24, 2002. The most current list of candidates expired on October 28, 2003 – at that time the level of officers was 98. An opportunity exists now for an academy that we normally send our officers through, which begins on February 2, 2004. The purpose of the revision of the ordinance is to get officers in this academy. This will allow us to draw from the most current list until a new list from a new test certified complete by Chief Collow is completed. My announcement tonight is that a new test will begin (the written portion) administered by the state police. Chief Collow has received a tentative date of February 21, 2004. The most current list has at least ten candidates who scored well and who have thus far been successful during their background checks. To move forward on the most current list, Chief Collow would be responsible for updating the background check and overseeing the completion of the physical and psychological testing. My advice to Chief Collow was to pick candidates that he thought would be good officers and would not hesitate to have backing him up on some dark night. Chief Collow and I have no reason to challenge the integrity of the most recent test for to do so would question the integrity of the officers currently serving on the Old Bridge Police Department. Chief Collow is most anxious to conduct a new test that he will be responsible for, I am sure that he will add his own high standards. Chief Collow is shooting for completion of the test and for candidates to enter into the academy in the next cycle – next January – there is no guarantee that this can be accomplished. What I am proposing is a practical solution to a real problem, which is to bring our police force up to date. I didn't want to be here to put this on your plate at my very first meeting but time is of the essence, the academy that we normally send our patrolman to begins February 2, 2004. It is going to take extraordinary cooperation from the council to make this happen. My goal is to be 104 officers this budget year. In preliminary review of next year's budget, I cannot envision us going above 104 that year, but I have great expectations that in the years to follow, we will evoke the “Mannino Plan”. Peter Mannino brought a lot of sense to this issue when he talked about growing the size of the police force in a predictable pattern; two or three officers a year. I think that as each vacancy occurs, we have to come up to the budgeted amount. The council has agreed that the police force should be at 104, next year we are going to budget for 104, the following year we are going to budget for 106 or 107, then 110 accordingly. If you approve it, that will be the standard. We are in a difficult situation, the chief is new and so am I, we had very little to do with the past ordinance. We are now down seven officers with no ability to hire and that is something that I find as the mayor a little distressing. The chief would love to administer his own test and I agree with everything he stands for but it is my responsibility to bring this to your attention and ask that you take the step of giving me the ability to use the current list until he has provided me with a new list. He will move as expeditiously as he can to give a new test.
Chief Collow: As you recall from last year it has always been my intention to give a new test, to give my test to hire new police officers. As a police chief I cannot put a price, nor would I ever, on public safety. In speaking with the Mayor this week, we have gone over the problem and talked about and he has addressed my concern for a need for a new entrance test. I believe that by announcing a tentative date of a test date of February 21st, that is a plan to move forward. However, as a police chief I cannot refuse, nor would any chief refuse, an opportunity to add men to his force. Should the ordinance be presented to me and the candidates be presented to me, again, background checks, medical checks and psychological checks all must be put in place before anybody can begin service as a police officer in Old Bridge.
Councilman Calogera: I have my constituents concerns about being properly protected foremost in my mind. I think that there is time to give a test and get new candidates into the July or August class, I do not think that is unreasonable presumption. My problem today is the present police candidate list reflects a test that is 3 ½ years old and at that time our standards were only high school or GED. I think that our town has changed a lot and I think that our standards should reflect that. With this new test it may be time to require two years of college, that is very common in most departments, is that correct Chief?
Chief Collow: Yes.
Councilman Calogera: I have a lot of respect for the Old Bridge police. I and a number of my constituents have concerns about this list because we have a lot of young, vivacious and energetic people out there who have not had the chance to take a test for the police department in over 3 ½ years. We owe them, they are waiting for the opportunity and it is our responsibility to give that test. I think that we should give a new test and hire from a new list. Our overtime costs have come down and I commend the Chief for that. They have just lowered the alert to yellow and I know that we could mobilize the entire force with seasoned officers at a moments notice. We also have as a back up a huge amount of special police officers which could also be used in the event of an emergency. My first preference would be that it is time to give a new test and hire from that list.
Councilman Testino: If we put an officer in the academy on February 1st, when is the time that he will become available to serve Old Bridge on the street?
Chief Collow: If the officer attends the February academy, he should be graduating sometime in May. He will in no way be ready to be released on his own; he would be placed into a structured training program. The earliest that they would be on their own would be around September.
Councilman Testino: If we were to put someone in the academy in July when would they be available?
Chief Collow: The same time frame.
Councilman Testino: That would be March of 2005. Do you agree that the appropriate level of the force should be 104 or more?
Chief Collow: As Chief of Police I will take as many men as you will give me.
Councilman Testino: What is the right number of police officers? The time table concerns me and waiting until next March is a difficult proposition, especially if there are other retirements in the future. Do you have other retirements with in the next few months?
Chief Collow: Possibly, there are officers who are eligible to retire but I do not have a definitive answer.
Councilman Testino: Do you have any other changes, besides the educational requirement that you are looking to change?
Mayor Phillips: We are not looking to change that.
Councilman Testino: The chief and Councilman Calogera mentioned it. The last time that we debated the police ordinance, it took us six months, so if we try and start making standard changes now, I think that it will be August of 2005 before we can get officers. If you can think of other changes, you should give them to us now. I have pledged to bring the force up to the budgeted amount and the best way to do that in 2004 is to do what the Mayor is asking. Do you know of any other ways?
Chief Collow: No.
Councilwoman Panos: How long does a background and physical recheck take?
Chief Collow: I would move on it as expeditiously as possible; I cannot give you a definite answer. I can say that once I get the go ahead I will take all necessary steps and use all resources to make this happen as quick as possible.
Councilwoman Panos: This test was given over three years ago and you want to hire six officers off this expired list to bring the force up to 104 officer. I would like to ask the Mayor what his objective is to hire in the next year.
Mayor Phillips: My goal is to bring the force up to what it is budgeted for; which is 104. I do not anticipate being able to increase that number in the next cycle, knowing how tight the budget will be. In the budget that begins this July, it will keep the force at 104. Not this budget cycle, but the one after that, it is my hope that we hire a couple each year until we come up to strength.
Councilwoman Panos: I am very interested in getting the best of the best. I am concerned that you are going to extend a list that is expired to fill at least six slots which will be taken away from any new candidates. You are taking six slots away from any new people on the new list because you don't have any intention of hiring six more police officers, isn't that what in essence is happening here?
Mayor Phillips: The thing that concerns me is that the last police hired in Old Bridge was on July 24, 2002, there was plenty of opportunity to increase the force and keep it at its planned level. I cannot explain why it was not done, that is in the past, I now find myself in a situation where I am unmanned by your edict, I now have 97 police officers. By your edict the list has expired, by your edict there was provision made until just recently for a new test to be done. I want to keep the police of Old Bridge as safe and secure as I possibly can, maybe I am over dramatic about this, but my experience as a volunteer fireman was that whenever there was a crisis, the more the merrier. I would be less then doing my job if I did not come before council with this problem and a proposed solution. I cannot think of another solution. The list was completed with some very well qualified individuals. The proof in the pudding is that in the next 10 people on the list, one of them has already been hired by a neighboring police force and if we are lucky enough to get him, I believe that we could automatically add him to our force.
Councilwoman Panos: Chief, when you first came on board you went over the books and made changes and cut the overtime, you didn't agree with the past administration's way of doing things. Is that true, you improved it?
Chief Collow: Yes I did.
Councilwoman Panos: I have been asking for almost a year for a list of all eligible candidates. Did you ever get the request? Do you have a list of all 55 candidates and their grades?
Chief Collow: Yes I do.
Councilwoman Panos: How come I have never been given that? I last asked you on December 7th?
Chief Collow: I don't recall.
Councilwoman Panos: What don't you recall, me putting that in memo form on December 7th.
Chief Collow: No, I do not recall that.
Councilwoman Panos: I will ask the Business Administrator, did you get my memo?
Mr. Shah: I received your e-mail last week, that is the first time that I heard of this. I was just appointed Acting Business Administrator, I alerted the Chief and I believe that he is arranging to get a copy to you.
Councilwoman Panos: As of today, I have filed an OPRA request, so I expect the completed list by January 21st. I asked for this information because I believe that we can improve on this list. I have received email from residents and now I have to file a second OPRA request for all email and correspondence to and from Township officials regarding the police hiring list. You may have one candidate that went onto another police force but I would like to see the whole picture. Before we give these six slots away to people that are on a list that is 3 ½ years old, I want all the questions answered. I have an email from someone whose name I won't reveal because there may be lawsuits from the people who were passed over – the emails reads as follows: My name is (blank) I have lived in Old Bridge my entire life, supposedly I have been eliminated from the police candidate list due to a background investigation. Please send me the background investigation criteria. I am 26 years old, I have completed 2 college degrees in biology and chemistry, I meet the residency requirements, I placed number 2 overall. This person goes on to mention someone else – what you are doing by extending this list is opening the doors for a lawsuit. This person is questioning mistakes on his background checks and is questioning other candidates and officers. I would hope that before the council makes a decision they get all the information that I have asked for. This person went on to become a police officer in Somerset, why was he rejected, he does not know. These people are entitled to their answers, I am entitled to answers. This town in entitled to the best. Chief do you want quality or quantity?
Chief Collow: Quality.
Councilwoman Panos: So in the interest of getting the top police officers in this town, I ask you to hold off on this expired list. I will never approve of hiring from the bottom of a list that is 3 ½ years old. I have another email from someone which reads “ I have been an Old Bridge resident for 15 years and so has my finance, he failed his physical, I want answers because he is in the National Guard. I want to know who administered the test, I want to know who recorded them.” These people are entitled to answers and this council should hold off on hiring from this list until all these peoples questions are answered.
Chief Collow: With this test being given three years ago, these questions that you are now asking me – have you ever asked the previous administration?
Councilwoman Panos: Yes I have.
Chief Collow: Did you get an answer?
Councilwoman Panos: No. Two wrongs don't make a right Chief. Get me my answers. You want the best, you can get it done. You are extending this list and taking from the bottom…
Mayor Phillips: This is not the bottom of the list.
Councilwoman Panos: This woman goes on to say that her finance is now a police officer and went to one of the tougher police academy's – he received awards for the highest test scores and graduated with the highest score since the academy started in 1979 – these are people that we rejected – why? I get accused of wanting this list for political reasons and that is not true, I want the best. If you want to go into political reasons, who are the next people on this list? Mayor Phillips, you just passed a nepotism executive order and we have a list that is full of nepotism. Chief, I gave you a lot of credit on cutting the overtime, and I am asking you to go over the results of this test with the same scrutiny.
Chief Collow: I will.
Councilwoman Panos: If this ordinance is approved on January 26th, what is the effective date?
Attorney Ruggierio: It takes twenty days unless there is a resolution from the council with a 2/3 vote authorizing it to take immediate effect.
Councilwoman Panos: So you guys are going to pull all these punches – you won't even give it the 20 days. What is the rush?
Chief Collow: If you are going to present me with police officers, I should take every opportunity to send them to a police academy so that I can expeditiously use those officers.
Councilwoman Panos: You would prefer to take officers from a list that is 3 ½ years old, instead of saying “I cut this overtime, there is no urgency” What is the rush?
President Baker: You will have to come up with a new question because that one has been asked and answered three times.
Councilwoman Panos: This will be ramroded on January 26, 2004. There still won't be enough time. Go on with the new test.
Chief Collow: I have a responsibility to the men and women of this police department and the residents of Old Bridge to conduct a proper and through background investigation, a medical evaluation and a psychological examination of these candidates.
Councilwoman Panos: You can do all that in twenty days from January 26th to get them in the February academy? You aren't sure that you can do a new test, but you can guarantee that we're going to have this.
Chief Collow: I did not guarantee, I said that I would do as best as I could.
Mayor Phillips: Two or three times you made reference to the fact that this was the bottom of the list. In fact, this is not the bottom of the list, when you get the list you will see that there were many people who passed the test, there are many people on this list. If I had to categorize it, where this group is, is somewhere to upper middle or lower end of the top tier. There are many people who finished behind these people, so please don't portray it as the bottom of the barrel.
Councilman Butler: Everybody remembers September 11th and we just came through the holidays at code orange. This is a very difficult time. We are budgeted for 104 officers, we are elected officials and we have to make tough choices. We are doing this to protect the citizens. We have the ability to bring the police force to what it is budgeted for in 2004. I think that we should take advantage of that. I think that it is better to get men in the academy as soon as humanly possible. I am supporting this.
Councilman Greene: I want the residents to understand that I have always been in favor of and supported the police department 100%. The number 104 has been mentioned a number of times, this is a budgeted number, which means that the council voted to support 104 police officers. We are now down to 97 officers, I support hiring police officers to the full budgetary amount, unless there is a fiscal crisis. We are in this situation and it is not something that the council did. This is the result of inaction and I spoke about it a couple of weeks ago, you know my position on a new test. I believe that since a list has expired the administration should of started the process to get a new list going because it is important because we should have access to a current list to hire from. I was unhappy and dissatisfied because I felt that someone dropped the ball because a process should have been in place to have a new test already. I would ask the Chief to make a commitment that he will do everything possible to get the test completed.
Chief Collow: Absolutely.
Councilman Greene: I have raised objections in the past regarding hiring police and that was when motions were made to go above the 104 level. My concerns weren't that we were adding police officers but that there was no justification as to how the additional officers would be used. I support having the full complement of officers. Who am I to fight you, when you sit here and say that you have a plan?
Chief Collow: I respect your comments. A couple of months ago there was a request in the budget meeting with Councilman Maher for a report on the future of deployment of officers that I plan to hire and I did prepare that report.
Councilman Greene: I have it. You are the one who was chosen to be the police chief, you are the professional and I have to listen to you. Listening to you, you have swayed me but please move forward with the new list.
President Baker: We hold the public to a three minute maximum, there is no reason that the council should have more time then the public. I would ask the council to get your comments in under three minutes.
Councilman Maher: I am not happy that we have a three year old list. I see it as a failure on the part of the administration. We knew that the list expired in October and we should have been proactive. I am a proponent of public safety and very budget conscious. I understand the Chief's comments about taking these officers. I asked the chief what he needed to make his job easier and he said he needed more manpower. I have had parents and young people come up to me knowing that this list expired in October who wanted to take a test to become a Old Bridge police officer. I made a pledge to them that we would be moving expeditiously towards a new test. How many academies are there that we can get our police officers in?
Chief Collow: There are multiple academies throughout the state and their starting times differ.
Councilman Maher: What are they?
Chief Collow: The February academy is in Union.
Councilman Maher: What other academies are available to us?
Chief Collow: Monmouth and Somerset have already started in December.
Councilman Maher: Will another class start earlier than July?
Chief Collow: I would have to look into it.
Councilman Maher: Rather than focusing on the Union academy timeframe, Monmouth and Somerset may have another one earlier than July.
Chief Collow: If I could correlate the completion of my entrance examination with one of those police academies that would be an option.
Councilman Maher: I heard that we were going to give the written test February 21st.
Mayor Phillips: That is a tentative date. By ordinance it has to be given by the State Chiefs of Police.
Chief Collow: That test is at their ability. I will have to make sure that I do the proper announcements and proper time frame and securing a location for the test. There are some variables here.
Councilman Maher: I would also ask that you look into seeing if there is another academy prior to July or August. Can we send them to the State academy?
Chief Collow: They no longer offer municipal police officer training academies.
Councilman Maher: This ordinance reads “ Is hereby declared to be and remain effective unless and until a subsequent list of qualified candidates is established”. Can you define a subsequent list of qualified candidates? Does that mean the whole process?
Mayor Phillips: If the Chief does the test on February 21st and gives me a list with their rankings and the background check is done, and he tells me that these are the people that you can hire, that is when that list becomes effective.
Councilman Maher: That is too long.
Mayor Phillips: How could you make it quicker?
Councilman Maher: I would think a list of qualified candidates would be the individuals who signed up and passed the written examination. The way the Mayor has laid this out, this could be weeks or months. If you give the test on February 21st – it could take six months for the list to be completed – is that correct?
Chief Collow: It could.
Councilman Maher: I am not comfortable with the way it reads “ a subsequent list of qualified candidates”. I would be more comfortable with it saying “ We are extending this list until the end of February 2004 and then it is null and void”.
Mayor Phillips: No.
Councilman Maher: This ordinance reads that this over three year old list could possibly be four years old before you have a new list. This could be six months after the written test.
Chief Collow: It could be but I don't plan it to be. I will move as fast as possible to complete this test.
Councilman Maher: When is the earliest that a list of qualified candidates would be available?
Chief Collow: Upon completion of the entire examination.
Councilman Maher: I would like to put an amendment to the ordinance.
President Baker: Let's wait until we hear from everyone first.
Councilman Volkert: If we don't hire cops now and we wait until they get out of the next class, we have 10 or 12 openings. If we have a large number of new police officers on the force, will that cause any difficulty in the department. Would it matter if there were six or ten new officers?
Chief Collow: I would have to make sure that I have the availability of the officers to assist in the training process. The more recruits that I have the more field training officers I need.
Councilman Gillespie: I asked the attorney at a side bar if it was possible to hire people under an alternate route, people who have already been to the academy, or other officers. The attorney informs me that our ordinance does not allow for that. I am certainly going to support this ordinance, but I think in the future we should consider allowing that alternate route. I understand that there is an element of fairness to people who haven't taken the test but I also think there is an issue of fairness to the people who are on the list and have been on the list for three years. They took and passed the test, there is an issue of fairness there as well.
President Baker: For the past two years I have been here watching the administration and the Chief of Police at odds with each other. I have hope that we are doing the right thing by bringing our force up to full strength. Everyone had their chance to speak and now I call for a vote.
Councilman Greene: I want to support Councilwoman Panos. Can we ever expect to get a scoring of all the police candidates?
Chief Collow: Yes.
ORDINANCE FOR FIRST READING
TOWNSHIP OF OLD BRIDGE ORDINANCE NO. 03-04
ORDINANCE AMENDING CHAPTER 2, SECTION 2 AND SECTION 2-14.5E, “ADMINISTRATION” DEPARTMENT OF POLICE, OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE
This Ordinance is adopted for the primary purpose of amending Chapter 2, Section 2 and Section 2-14.5E, “Administration”, Department of Police, of the Code of the Township of Old Bridge as follows:
Section 2: Retroactive effect:
In order to implement the purpose and intent of this Ordinance, the list of qualified applicants established by the written examination held on October 28, 2000 is hereby declared to be and remain effective unless and until a subsequent list of qualified candidates is established in accordance with this Code.
Section 2-14.5E. Remove the existing section and replace with the following:
E. Once the list of qualified applicants for initial appointment to membership in the Old Bridge Police Department is compiled, it shall be in effect for at least three (3) years from the date of the written examination, and shall remain in full force and effect until replaced by a subsequent list of qualified candidates who have been certified to be eligible for initial appointments to membership in the department by the Chief of Police.
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 Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, President Baker.
NAYS: Councilman Calogera, Councilwoman Panos.
CONSENT AGENDA
BINGO/RAFFLE
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #49-04
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:
RA31-04 St. John Vianney
Moved by Councilman Butler, 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.
EXTENDING PROFESSIONAL SERVICES CONTRACT WITH M.J. BARONE FOR LIBRARY LIGHTING PROJECT RE-BID
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #50-04
WHEREAS, the Township of Old Bridge previously entered into a contract with M.J. Barone and Associates, P.C. for bid specifications and documents for the Library lighting project; and
WHEREAS, it is necessary to re-bid this project; and
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 extension for the Library lighting project is granted to M.J. Barone and Associates, P.C. in an amount “not to exceed” $1,500.00
2. The award of the contract is contingent on the issuance of a Certification of Availability of Funds #1193 certifying the existence of a sufficient appropriation to fund the said contract.
Moved by Councilman Butler, 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.
APPROVING SETTLEMENT OF BANK OF NEW YORK, ETC. VS. KAYLOR ET AL
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #51-04
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:
1. The case “ The Bank of New York, acting solely in its capacity as trustee for EQCC Trust 2001-1F” (Plaintiff) vs. “George Kaylor, et al (Defendants) may forthwith be settled upon receipt if $15,000.00 (Fifteen Thousand) to the Township of Old Bridge.
2. The full principal balance of the CDBG loan on Block 19, Lot 476 shall be satisfied from the $15,000.00 sum.
3. The remaining balance of the $15,000.00 shall be paid over to the Township General Treasury.
4. The Mayor, Clerk and Township Attorney are hereby authorized to execute any and all documents necessary to resolve this matter including but not limited to: (1) Stipulation of Dismissal with Prejudice, release cancellation; (2) Satisfaction of the Township CDBG Mortgage on Block 19, Lot 476 on the Tax Map of the Township of Old Bridge and; (3) Execution of a Quit Claim Deed or any other necessary document claiming any interest or right in the lands and premises known as Block 19, Lot 476 on the Tax Map of the Township of Old Bridge.
Moved by Councilman Butler, 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.
CHAPTER 159
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #52-04
WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget:
WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and
WHEREAS, the Township of Old Bridge received $3,150.00 from Municipal Alliance and wishes to amend its SFY 2004 budget to include this additional amount as a revenue.
NOW, THEREFORE, BE IT RESOLVED that the council of the Township of Old Bridge hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year SFY 2004 in the sum of $3,150.00 which is now available as revenues from: MUNICIPAL ALLIANCE GRANT
BE IT FURTHER RESOLVED that a like sum of $3,150.00 be and the same is hereby appropriated under the caption of: MUNICIPAL ALLIANCE GRANT
BE IT FURTHER RESOLVED that the Clerk forward three copies of this resolution to the Director of Local Government Services.
Moved by Councilman Butler, 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.
APPROVING DEPOSITORIES
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #53-04
The following bank is hereby designated as a legal depository for the Township of Old Bridge for a term ending December 31, 2004.
Wachovia Bank
Moved by Councilman Butler, 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.
AUTHORIZING THE REJECTION OF ALL BIDS WITH REGARD TO CONTRACT #03-35 FOR SNOW REMOVAL SERVICES FOR 2003-2004
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #54-04
WHEREAS, the Township of Old Bridge solicited all bids in connection with contract #03-35 for snow removal services for 2003-2004; and
WHEREAS, all bids substantially exceeded the cost estimate of the Township; and
WHEREAS, the Township Council wishes to reject all bids received for snow removal services for 2003-2004.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the bids received with respect to snow removal services for 2003-2004 are hereby rejected.
Moved by Councilman Butler, 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.
AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH SANFORD CHERNIN, ESQ.
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #55-04
WHEREAS, the Township Council of Old Bridge has authorized the services of special counsel for the purpose of prosecution of Township In Rem tax foreclosure matters; and
WHEREAS, the Township Council wishes to award the contract to Sanford Chernin, Esq. with offices located at 220 Reynard Road, Bridgewater, New Jersey; and
WHEREAS, Sanford Chernin, Esq. is a licensed attorney in the State of New Jersey and 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, County of Middlesex, State of New Jersey as follows:
1. A contract for professional services is hereby authorized to be entered into with Sandford Chernin, Esq.
2. The contract shall not exceed the amount of $5,000.00
3. The scope of the work to be performed shall be the prosecution of In Rem tax foreclosure matters.
4. 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.
5. This is a contract for professional services and according to New Jersey Public Contract Law. The Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: legal representation with regard to In Rem tax foreclosure matters.
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 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, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT PODIUM: Councilman Testino.
AUTHORIZING EXTENSION OF CONTRACT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND LAWRENCE BITTERMAN, ESQ. IN THE MATTER OF: RONALD GUILLAUME V. THE TOWNSHIP OF OLD BRIDGE REPRESENTING POLICE OFFICER RONALD ATLAK
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #56-04
WHEREAS, the Legal Department of the Township of Old Bridge has recommended the extension of certain contracts with attorneys; and
WHEREAS, such action should be memorialized.
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 granted to Lawrence Bitterman, Esq. for the purpose of assistance to the Legal Department in the matter of Ronald Guillaume vs. Township of Old Bridge, et al representing Police Officer Ronald Atlak may be executed in the amount of $2,500.00.
2. 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.
3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate this contract.
4. Subject to the maximum amount authorized above and as available appropriation, the Director of Law of the Township of Old Bridge may increase funding of this contract by issuing one or more supplemental purchase orders.
5. This is a contract is contingent upon the issuance of a Certification of Availability of Funds #1195 certifying the existence of a sufficient appropriation to fund said amount.
Moved by Councilman Butler, 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.
AUTHORIZING AMENDMENT TO THE 2004 CAPITAL BUDGET TO INCLUDE THE PURCHASE OF PROPERTY KNOWN AS WATERFRONT PARK PROJECT PHASE II – CLIFFWOOD BEACH
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #57-04
WHEREAS, the Township of Old Bridge wishes to purchase property known as Phase II Waterfront Park Project – Cliffwood Beach, in the Township of Old Bridge; and
WHEREAS, the Township Council wishes to amend the 2004 Capital Budget to insert such item therein to include the purchase of land known as Waterfront Park Phase II – Cliffwood Beach in the amount of $125,000.00; and
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the 2004 Capital Budget is hereby amended to include the purchase of land known as Waterfront Park Project Phase II – Cliffwood Beach in the amount of $125,000.00
Moved by Councilman Butler, 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.
AUTHORIZING PAY OUT OF ACCUMULATED TIME TO ROBERT HEIMS
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #58-03
WHEREAS, the Township Council of the Township of Old Bridge has a policy which requires the Township Council's authorization of any pay out of accumulated time, $5,000.00 or greater, to be authorized by resolution; and
WHEREAS, due to retirement from his position at the Township, Robert Heims is entitled to a pay out of his accumulated time; and
WHEREAS, the Township Council to authorize such pay out.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that a lump sum pay out of accumulated time is hereby authorized to be paid to Robert Heims in the amount of $32,722.91.
Sick (150) $15,057.00 Personal (4) 1,183.36 Vacation (20) 5,916.80 Compensatory Time (236) 9,974.07 Floating Holiday (2) 591.68 TOTAL $33,722.91
Moved by Councilman Butler, seconded by Councilman Maher 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.
Prior to the vote the following discussion took place.
Councilman Gillespie: I just want the business administrator to say on the record that these are accurate amounts.
Mr. Shah: They have all been certified.
AUTHORIZING PAY OUT OF ACCUMULATED TIME TO FRANK COLON
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #59-04
WHEREAS, the Township Council of the Township of Old Bridge has a policy which requires the Township Council's authorization of any pay out of accumulated time, $5,000.00 or greater, to be authorized by resolution; and
WHEREAS, due to resignation from his position at the Township, Frank Colon is entitled to a pay out of his accumulated time; and
WHEREAS, the Township Council to authorize such pay out.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that a lump sum pay out of accumulated time is hereby authorized to be paid to Frank Colon in the amount of $8,664.38.
Sick (32.75) $6,796.61 Vacation (9) 1,867.77 TOTAL $8,664.38
Moved by President Baker, seconded by Councilman Butler 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.
AUTHORIZING CONTRACT WITH BERT T. LUNDBERG, ESQ. FOR LEGAL REPRESENTATION OF THE RENT STABILIZATION BOARD
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #60-04
WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of representation of the Township in connection with the legal representation of the Rent Stabilization Board; and
WHEREAS, Bert T. Lundberg, Esq. is a licensed New Jersey Attorney, is recognized as capable and available to undertake such work; and
WHEREAS, the Mayor has appointed the said attorney in accordance with Ordinance 2-8.3(c);
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. A contract for professional services is authorized to be entered with Bert Lundberg, Esq. in the usual form.
2. The scope of the work to be performed by Bert Lundberg, Esq. shall be representation of the Rent Stabilization Board.
3. This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds #1196 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.
BUDGET YEAR FY 2004 CERT NO. 1196 AMOUNT $6,750.00
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 year, 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 contract for professional services and according to New Jersey Public Contract Law. The Township Council shall publish a statement of reasons for awarding of the contract. to wit: legal representation to the Rent Stabilization Board.
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 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 President Baker, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
Prior to the vote the following discussion took place.
Councilman Calogera: Have we ever had any representation on that board where we should be paying this attorney this amount of money?
Councilman Butler: Ever since I have been on the Rent Board since 1978, we always had legal representation and we use him.
AUTHORIZING THE REPLACEMENT PURCHASE OF THE TORO MOWER STOLEN FROM THE PUBLIC WORKS YARD
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #61-04
WHEREAS, the Township Parks and Recreation Department wishes to replace the Toro Mower which was stolen from the Public Works Yard, with a Toro Groundsmaster 345 Mower; and
WHEREAS, the mower is NJ State Contract item #A-4825 from Storr Tractor Company, Somerville, NJ. The purchase price is $17,325.00 is charged to insurance reimbursement account #01-2004-1115-2505-2-400.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, the replacement purchase of the Toro Groundsmaster 345 Mower, is hereby authorized.
Moved by President Baker, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
Prior to the vote the following discussion took place.
Councilman Calogera: Do we have a police report on this?
Mr. Badcock: There were actually two pieces of equipment that were stolen. They were chained onto a trailer that was locked in the public works yard. The police are continuing an investigation. They disappeared through a gate by the Arbors development. Between the two pieces of equipment and the trailer it is about $30,000.00.
Councilman Calogera: That is a lot of money for the taxpayers.
Mr. Badcock: The insurance company has reimbursed us for over $29,000.00 – that should cover the cost of the three pieces of equipment. We are still getting quotes on the two other pieces of equipment.
Councilman Calogera: Have we taken safeguards so that we do not have this same type of situation occur?
Mr. Badcock: We have cameras in the yard and chained locked gates. The police are investigating this matter and have some good leads.
Councilman Calogera: Please keep me abreast of this.
AUTHORIZING THE POLICE DEPARTMENT TO APPLY TO THE STATE FOR AN AGGRESSIVE DRIVER ENFORCEMENT GRANT
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #62-04
WHEREAS, the Township of Old Bridge Police Department wishes to apply for an Aggressive Driver Enforcement Grant from the New Jersey Division of Highway Traffic Safety; and
WHEREAS, the purpose of this grant is to provide payment for police officers to work overtime to identify, stop and summons aggressive drivers and to also further educate and encourage safe driving, reduce the number of motor vehicles crashes resulting in injury and property damage accidents on Route 9 and increase public awareness of the aggressive driving behavior problem.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Police Department may apply to the New Jersey Division of Highway Traffic Safety for the Aggressive Driver Enforcement Grant.
BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign any and all documents to effectuate the terms of this grant as may be approved in form by the Township Attorney.
Moved by President Baker, 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.
AUTHORIZING THE TOWNSHIP OF OLD BRIDGE TO ENTER INTO A COOPERATIVE PRICING AGREEMENT FOR THE PURCHASE OF ENERGY COMMODITIES
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #63-04
WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to enter into Cooperative Pricing Agreements; and
WHEREAS, the Electric Discount and Energy Act (N.J.S.A. 48:3-49 et seq.) and the Government Energy Aggregation Program Rules adopted by the Board of Public Utilities permit local government units to join together for the purchase of electric generation services, gas supply service, electric related services and gas related services (hereinafter referred to as “Energy”); and
WHEREAS, the County of Middlesex (hereinafter referred to as the “Lead Agency”) has offered voluntary participation in a Cooperative Pricing System for the purchase of electric energy and gas supply for government facilities; and
WHEREAS, the Township of Old Bridge, County of Middlesex, State of New Jersey desires to participate in the Middlesex County Cooperative Pricing System for the purchase of electric energy and gas supply for its facilities.
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