A combined meeting of the Township Council of the Township of Old Bridge was held on January 26, 2004 in the Municipal Complex. The meeting was called to order at 7:30 p.m. by President Baker.

RESOLUTION NO. 68

BILL LIST

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

WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of January 26, 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 RESOLED by the Township Council of the Township of Old Bridge that the bill listing of January 26, 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 $1,404,647.86. (Payroll)

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

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

NAYS: None.

ABSENT: Councilmen Gillespie, Maher.

RESOLUTION NO. 69

BILL LIST

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

WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of January 26, 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 RESOLED by the Township Council of the Township of Old Bridge that the bill listing of January 26, 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 $27,451.58. (Overtime)

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

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

NAYS: None.

ABSENT: Councilmen Gillespie, Maher.

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

Councilman Testino: Is this overtime within the appropriations provided for by the council, and you have signed off on this as the acting administrator? You will alert us as we come dangerously close to the line item?

Mr. Shah: Yes, I will alert you.

Report of the Clerk.

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

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

DOGS
3010-3011 - 17.00

CATS
310-312 - 24.00

LICENSES
Christmas Trees
Ray's Excavating 100.00

Taxi
Ed In Town Car Service –
(Augusto Domingoes) 5.00

Towing
Mendola – 2 License 200.00
George Logan Towing 200.00

Used Car
Degaetano Used Cars 350.00
855.00

BINGO/RAFFLE
RA 31-04 St. John Vianney 20.00
RA 32-04 Sayreville Assoc for Brain Injured
Children 20.00
RA 33-04 Aux Central Jersey NJ Jewish Home 60.00
90.00

PARKING PERMITS
#1520-1568 ( Permits) 1,075.00
#1522, 1523, 1528,1545,1565
replacements 25.00

Temporary Permits
#378-382 (5 permits) 5.00
1,105.00

Maps
1 Street Map 5.00 5.00

SEARCH
25-2003 10.00
10.00

MISCELLANEOUS
Photocopies 14.50
16 Liquor License Application Packets
for the new license 64.00
78.50

TOTAL $2,184.50

Motion

To accept the report of the Clerk made by President Baker, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

NO VOTE: Councilman Gillespie.

ABSENT: Councilman Maher

Proclamation - Paul DePalma - United Soccer Academy International

Mayor Phillips read the following proclamation.

WHEREAS, Paul DePalma of Old Bridge, New Jersey has been selected to represent the United States in July 2004 in two of Europe's biggest youth international tournaments, the Gothia and Dana Cups, as a member of the United Soccer Academy; and

WHEREAS, the United Soccer Academy is dedicated to helping soccer players develop on and off the field and to help them reach the next level as a player; and

WHEREAS, players are provided with an environment to grow and to develop as athletes and individuals through their individual coaching and instruction, international competition, playing with other quality players all while traveling overseas; and

WHEREAS, the United Soccer Academy is designed to serve as a supplement to enhance club and school teams by providing individuals with quality soccer experience overseas; and

WHEREAS, Paul along with players from twenty other states will be competing in the Gothic Cup in Sweden and the Dana Cup in Denmar. The Gothic Cup which is held in Gottenberg, Sweden is the world's largest international tournament with over fourteen hundred teams from fifty-five different countries. The Dana Cup will take place in Denmark with over eight hundred teams from forty different countries; and

WHEREAS, the 2004 program to England, Sweden and Denmark promises to provide Paul with a unique opportunity and experience both on and off the soccer field and to provide him with a once in a lifetime opportunity.

NOW, THEREFORE, I, Mayor James T. Phillips, and the Township Council of the Township of Old Bridge hereby call upon all citizens to congratulate Paul DePalma for his accomplishments and to wish him the best of luck as he represents the United States of America in Europe's largest youth international tournament.

President Baker: If you would like to help Paul represent the Township of Old Bridge, the number is 1-800-656-5499.

Recognition - Natasha Turchan.

Mayor Phillips: I am a certified municipal finance officer and also a certified county finance officer. I thought I did pretty well on my tests, but I would like to call to your attention our employee, Natasha Turchan, who has completed successfully the exam to become a chief municipal finance officer, and she attained better scores than I. This is recognition of her outstanding studies and job performance. I cannot congratulate her enough. I realize how difficult it is to achieve this goal. Congratulations!

Mr. Shah: I agree with the mayor and I am proud because I hired Natasha as my assistant, and I am happy that Old Bridge has a really good employee.

RESOLUTION NO. 70

APPROVAL OF MINUTES

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

the following minutes are hereby approved:

January 1, 2004 Reconvened
January 1, 2004 Reorganization

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

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

NAYS: None.

ABSENT: Councilman Maher.

ABSTAIN: Councilmen Gillespie, Councilwoman Panos.

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

Councilwoman Panos: I believe that I was appointed to the open space committee.

Deputy Clerk Ward: I will check that for you.

Hearing

1. Raritan Bay Medical Center Site Clearing - Block 17000, Lots 28.11 and 28.12.

Mr. Vincenti: I conferred with Rose-Marie Saracino, the township clerk. There is no need for a public hearing on this matter. This bond was for site clearing, and not associated with a subdivision or site plan. We are going to put a resolution administratively releasing the bond on the next agenda. I do not believe that there is a need for a hearing. If there are questions, I will entertain them.

Councilman Calogera: Does this apply to the area closest to Rt. 18 that was cleared?

Mr. Vincenti: There was an application made by the hospital for a waiver of site plan prior to any clearing having been done. The planning board reviewed it, granted the waiver, and prior to any clearing being done, they posted a restoration bond. Everything was done in proper order. This is just returning the bond and the money to the hospital.

Councilman Calogera: Part of the restoration was done?

Mr. Vincenti: Yes.

2. Forest Gardens - release/reduction of performance guarantee - Postponed.

Ordinance for Second 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 Volkert, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: Councilman Calogera, Councilwoman Panos.

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

Councilman Calogera: Where is that property? Is this taking property?

Attorney Ruggierio: These are easements across residents' properties for what I believe is the final phase in Old Bridge of the Middlesex County Park.

Councilman Calogera: Does it negatively affect anyone's property with rendering it not useful?

Attorney Ruggierio: Any time you acquire an easement across someone's property it would at least to them be considered negative and something that we are obligated to pay for. Carol Berlen had a meeting with these property owners to explain things to them and get their questions answered. Some await responses from the legal department. Any time we take interest in real estate from someone, it is negative.

Councilman Calogera: Do we move this along now, or should we wait and get an idea of what transpired?

Attorney Ruggierio: This ordinance allows us to go forward with the acquisition. If you are suggesting that we should delay it because some of the questions need to be answered, I would say "no". It has been my experience that when you have the power of condemnation fully authorized, people get realistic about whether they are going to fight us. None of the takings involve much money - under $100,000 for the three or four of them. I would say "no" that this would be a bad approach in any condemnation - not to telegraph to the public who are going to pay for their interests that we are serious about it.

I think that it is probably true that some of them have concerns, and because I was not at the meeting [I don't know] whether or not you can characterize those items as objections. People may be concerned about the fact that the easements are going to go on their property. They might also not be that concerned about that, but feel that they should be compensated more for the inconvenience associated with it. I don't know what the nature of the objections are, but the passing of this ordinance will not make the matter go away. If these people have objections to the matter going forward, they have a number of court positions they can take to either object to the condemnation or to say that they are entitled to more money.

Councilman Calogera: I am hesitant to vote on this. I am cautious and would like to know that if they do have problems, we can address them prior to moving forward I am voting "no" on this until I am satisfied with what we are doing.

Councilman Testino: This property involves the Cliffwood Beach beachfront. Most of the area we are talking about is sand, and we have been working on this for about three years.

Attorney Ruggierio: Phase II has been discussed for three years. We were going relatively slow with this because at some point we were concerned that the takings may be very costly, but it turns out that this fear is not justified.

Councilman Testino: Once the ordinance is in place, you will be proceeding with negotiations with the landowners as required.

Attorney Ruggierio: I believe that we have already sent (based on your passing this ordinance on first reading) out the appraisals; we have commenced the negotiations; we expect to continue with those. If this ordinance is passed, we hope that all this will be resolved by negotiations as opposed to a court proceeding.

Councilman Testino: The portions of the property involved extend into the beachfront and, if we take these easements, none of the homes will be affected.

Attorney Ruggierio: These are not easements that take structures away.

Councilman Testino: These easements are required to develop the county waterfront park so that there will be a contiguous park, except for that portion of the creek, except for the Morgan Creek to the Monmouth County line. You are recommending that we proceed?

Attorney Ruggierio: I am.

Councilman Calogera: I have no problem. I think the beachfront is a good idea and extending it is the right thing to do. My concerns lie in negotiating with our own residents and moving cautiously so that they can be taken care of properly. This is still people's property and that is very sacred. I would prefer to go through negotiations. I don't want to go to court to do a taking on it. I want those negotiations to occur first before we get to this point of going ahead with a taking through an ordinance. If we can get to the point of negotiation instead, we don't have a problem.

Councilman Volkert: Aren't we going to negotiate first? Isn't that what this ordinance is about? If negotiations fail, we move on to the taking?

Councilman Calogera: This is the hammer.

Councilman Volkert: I thought that this ordinance was for negotiations - for the residents to negotiate with the township.

Attorney Ruggierio: The law requires that a number of things occur before we can go to court proceedings. The first is that the township council must adopt an ordinance saying that this is a public purpose, and you want to go forward. The next stage is that we are obligated to come up with a reasonable value, usually based upon appraisals, and give that to the landowner and offer to negotiate. Assuming that the landowners have responded, we actually negotiate until we feel that we have reached an impasse and only then would we go to court proceedings. Yes, this ordinance authorizes us to negotiate, and it would be backward in the process if we pass the ordinance after we negotiate it. This would not be inconsistent with what the law requires.

Councilwoman Panos: This is a limited negotiation. These people are going to sell to our price or not. I think I have a problem with that. I think we negotiate first before we say that this is the price or else.

Attorney Ruggierio: Condemnation, or the taking of people's property if they are against it, is always adversarial; but I agree with you. We would always like this to be something that happens by way of negotiations. This is not unusual. Every road project and park that we have done is typically property that we have acquired or we need to acquire from landowners in the town. We are always considerate of people's concerns. Just because we represent the town we are not going to overpay for a piece of property. That would take money out of the rest of the taxpayers' pockets. We try to be considerate of the point of view of a landowner and compromise where we can to try to arrive at a number which is within the bounds of market value, and at the same time being respectful of the fact that we are exercising a very significant power of condemnation. We hold the hammer of a lawsuit of condemnation, but we don't wish to wield it in a less than diplomatic way.

Councilwoman Panos: Have we approached these people?

Attorney Ruggierio: They were here today speaking to Carol Berlen about the contents of the appraisal reports, which we sent out. Carol told me that one of the things that she came away with was that there were four or five engineering issues that she was going to get the answer to, and we will play out that process before we go any further in this matter.

Councilwoman Panos: I think we should address those issues with the residents in that manner. I am voting "no" on this.

Prior to the roll call vote President Baker opened a public portion.

Mr. Merwin: This has been a long time in the making, and the residents have known about this for several years. I know the town will negotiate in good faith. I wish Mr. Calogera and Ms. Panos were as cautious when Mr. Hoff advised them not to go forward with the Cedar Ridge property that is costing us $18 million.

Seeing no further hands President Baker closed the public portion.

Ordinance for Second 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 Gillespie and so ordered on the following roll call vote:

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

NAYS: Councilwoman Panos.

Prior to the roll call vote President Baker opened a public portion.

Ms. Seiler: I don't believe that the township attorney should have an outside practice, but in the interest of compromise, I would like to propose the following: the proposed ordinance be amended to set limits on the outside practice of the township attorney. I propose the ordinance include three statements to the following effect:

1. No business or communications, oral, electronic or written, relating to the private practice of the township attorney should be permitted during township business hours or during other times when the attorney is obligated to perform the duties of the office of township attorney.

2. The township attorney may not use township resources to conduct business relating to his private practice.

3. The restriction on contributions to candidates, parties and officials, as stated in the code of the Township of Old Bridge and amended by municipal regulation No. 0012204, shall apply to the person being appointed as township attorney.

Seeing no further hands President Baker closed the public portion and opened council comments.

Councilwoman Panos: Mayor, I know that you came up with a new executive order regarding pay to play because you had a hard time finding a bond counsel up and down the state. How extensive was your search to find an attorney? This seems to be the flip side. Now we can only find a township attorney who has a business in Old Bridge. How wide was your search?

President Baker: I would like to hear your comments, but we are not going back and forth with questions and answers. What is your comment?

Councilwoman Panos: As a councilperson I have a right to ask questions.

President Baker: I don't have the answer for you now. You are directing your comments to the chair, and I don't have the answer.

Councilwoman Panos: I was directing it to the mayor or the business administrator.

Attorney Ruggierio: I would say that council people have a right to have a debate, and the mayor, by statute, has a right to participate in the debate. I believe that this has to be handled reasonably by the chairperson to allow that debate. You should control the debate so that it is civil and productive.

Councilwoman Panos: This was not a debate; it was a question. How extensive was your search to get an attorney?

Mayor Phillips: The ordinance in question is simply a means of modifying the ordinance which says that the person who serves in the position of township attorney may not have any other outside income. If this ordinance were changed, it would allow the person who is selected as the township attorney to have other sources of income other than the Township of Old Bridge.

Councilwoman Panos: Mr. Ruggierio, are your familiar with the ordinance that is being changed?. Does it say "income" or does it say "business"? Income could be a paper route. This person is doing legal business in the town. I need clarification. How intense was your search to find a legal department head? What else did you do?

Mayor Phillips: As much as I would like to go into the searches or lack of or expansion of, the question is what are the parameters for the job? I don't want to appear evasive in any way. It is not a secret that I have an individual in mind - one whom I think is an outstanding lawyer; who is an expert in the field in land use law; is a former assistant prosecutor in Middlesex County; has served this township well as a former township attorney; lives, does business and pays taxes here and in whom I have the utmost trust and confidence. That gentleman is Jerome Convery, but before I can offer him the position, it would be impossible for me to do so under the terms of the current ordinance.

That is why I have come before you as a mayor to ask you to modify the ordinance. If you do not modify the ordinance, it would mean that if I were to offer the position, he would have to know the terms. I cannot make a legitimate offer, and he cannot accept it in good conscience unless he knows the terms of employment.

There is no one else in government in Old Bridge who has this restriction placed upon them. Our Chief Financial Officer has additional means of income besides being a chief financial officer in the Township of Old Bridge. If I were to go around the room and ask all of our other department heads if Old Bridge Township was your only means of income, I daresay that most of them would say no. I am trying to get a clarification from the council so that I can legitimately place the terms and conditions of employment on the table so that my first choice would have a decision to make - either to take the position or not. You may change the ordinance or not. I know enough to know that in the search for the business administrator, I am doing an expansive search. I would be honored if I could offer this position to Jerry Convery based on what I know and his past service and have him accept it.

When it comes to the township attorney, I could search forever, and not find a better candidate.

Councilwoman Panos: Will he be signing something stating that if someone has a conflict . . . that should be a concern before the ethics board and the bar association. Where are his priorities? Is he going to sign something?

Mayor Phillips: I have an obligation to make a presentation to a future employee. You have an obligation as a council person. Understand the role here. I cannot make him the director of law unless I have the advice and consent of the council. I will be coming back to the council when I have made my choice, and I think that all of the questions you are asking of me now, you can ask of him.

Councilwoman Panos: I wish you would come up with more than one person. We have no stipulations; it is just a law tailor made. This seems too close to home. I am not questioning his abilities.

President Baker: I believe that I have captured the councilwoman's opinion as well as the mayor's. This will come before us again.

Councilwoman Panos: I would rather my questions be answered here.

Mayor Phillips: Twenty-seven years ago I met my wife, and it was love at first sight, and I knew that I wasn't going to do any better. I have the same impression when I look in the eyes of Jerry Convery.

Councilman Gillespie: Our comments are more appropriate when we have a nominee in front of us. Good points that they may be, it is not exactly germane to the issue in front of us which is to change the ordinance so that Mr. Phillips can have the opportunity to present us with a nominee. I served on this council twelve years ago when we created this ordinance. It was out of deference to Mayor Cannon who indicated that she needed that because that was the direction she wanted to take the law department in. Now that we have a new mayor, we should allow the new mayor some deference in creating a law department that can take the law department in the direction that he would like. I think we should give the mayor that opportunity and approve this ordinance this evening.

Councilwoman Panos: I think you change one law because you cannot find someone throughout the state, and you change another law because you want the local guy. We are tailor making ordinances, and I don't believe this is the right way to go in government.

Councilman Greene: I adamantly want a full time attorney. This was discussed several weeks ago. Mayor Phillips clearly indicated that ultimately that we would receive. I want an attorney whom I can call during the day to get an opinion. I am not in any way going to support a situation where we don't have a full-time attorney and pay other attorneys in order to pick up the slack. I will pursue this when we get to the advice and consent stage of this process, but if the attorney we wind up with conducts outside work while in this office, it would be inappropriate and unethical. My position is that I will support this ordinance, but I want to have an attorney that is, for all intensive purposes, full time.

Ordinance for Second 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 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: Councilmen Calogera, Councilwoman Panos.

Prior to the roll call vote President Baker opened a public portion.

Mr. Springer: Expressed his dismay that ordinances scheduled for readings at a council meeting are not available to inspection. He suggested that ordinances and the backup material be available on the web site.

Mr. Valentino: Suggested having the public portion after the council has spoken on a particular ordinance.

Councilman Calogera: This ordinance extends the list for candidates for police officers which has been expired since October. How many Class I specials do we have?

Chief Collow: I do not know the exact number, but I believe one hundred is accurate, or as many is deemed necessary by the chief of police.

Councilman Calogera: We are entitled to 25% of that - twenty-five Class II specials, for the public knowledge, are specials who carry weapons, who have full powers as any other municipal police officer. How many Class II do we have?

Chief Collow: I believe we have three.

Councilman Calogera: We have ninety-eight police officers not counting one hundred specials?

Chief Collow: That is correct.

Councilman Calogera: In the event of an emergency those specials (Class I and Class II) could be mobilized for duties that police officers would normally do, i.e., directing traffic, etc?

Chief Collow: Yes, they could.

Councilman Calogera: Who was in charge of testing for the last test?

Chief Collow: Are you inquiring about the test that was given in October 2000?

Councilman Calogera: That is correct.

Chief Callow: Chief Palumbo, and I believe he was assisted by Capt. Cerra.

Councilman Calogera: Are you aware that twenty individuals on that list have received either one or two extra points supposedly for college?

Chief Collow: Yes, that is what the ordinance stipulates.

Councilman Calogera: The ordinance does not stipulate that. Can you tell me where? I want to see if points were given legally to people.

Mayor Phillips: Has the attorney read the ordinance?

Attorney Ruggierio: I have read it, but I don't have it in front of me, but I can characterize it. The ordinance provides for one or two points depending on the number of college years or credits that are achieved to be added to the written score of the applicant.

Councilman Calogera: What section?

Attorney Ruggierio offers to point out the appropriate section to Councilman Calogera.

Councilman Greene: If you have been paying attention to the council meetings, you will know that I am disappointed with the prior administration. I feel they dropped the ball in not establishing a new test. This list expired October 28, and I felt the proper thing to do would have been with great haste to start a new list and the process going. That did not happen in a timely fashion. I chastised the police chief several weeks ago. When he told me that he could not focus on the new test, I told him it was a lame excuse. I still feel that way. If I had my way, I would be happy if we were already in the process of going through and doing what we had to do to get that list accomplished.

A couple of weeks ago the Chief told us you had a plan to extend the list and take approximately seven police officers off the list. Out of respect for the new Chief, whom I supported when he was appointed, and I think he is going to do a great job, I am going to support his plan. I also support Councilwoman Panos in her efforts to examine this list, and I also charge the police chief to review the list. If there are any problems with the integrity of the list, it is his obligation to determine that and take whatever legal recourse is necessary. I want the Chief to give me your commitment that this is the plan that you support - hiring seven police officers from the old list and going ahead with the new list. I think that you have scheduled February 9 as the day to take applications. This is the plan that you are asking me to support?

Chief Collow: Yes.

Councilman Greene: Based on respect for the new police chief and his title, I am supporting your plan.

President Baker: We are bringing the police force to full strength is a terrific thing.

Councilman Calogera: When this (ordinance) 14-98 was amended twice, there are three sections to it. There is a section in here about college. It is a non-issue on that. I want to bring up the fact that I think it is time to give a new test which I am fervently behind. I think that we have enough man power in the meantime. I think that the specials provide us the extra we need. We need to redo the ordinance making two years of college a part of it. I think that the new test is where we should hire from.

Councilman Testino: I am supporting the ordinance because I believe that the township needs to be at full manpower. The council has determined that the number is one hundred four, as we can afford in the budget. We approved the budget; the new mayor examined one of the top priorities with Chief, and they came up with a way to give us seven new officers in the year 2004. Waiting another year after this next list is achieved, does not add up. I am supporting this so that we can get the manpower on the street. I thank the Chief and the Mayor for examining this issue. I have been pressing that we do make the hires all along. I also thank the Chief for moving rapidly on the test. I see that he did already submit the applications to be drawn on the 9th.

I think that we are moving consistently; I think the Chief rightfully says that if you give me the manpower, I will use them. We have 65,000 plus people in this township not counting the daily transients that come through this town. If you have snowstorms or emergencies, all the police officers are called upon in times of need. If we do not have enough, we are not doing our job. It is our job to support this request from the mayor and the chief. We should move forward as rapidly as possible and get these young men and woman ( if there are any) into the academy and move forward.

Councilman Maher: I am also supporting this. Shame on the prior administration that we did not move on this sooner. I made commitments to some parents and children in the community that a new test would be forthcoming shortly. I recognize a need through attrition. We were down by seven patrol officers. Do we have the budgeted money for this?

Mr. Shah: We have budgeted for one hundred four police officers.

Councilman Maher: What are the dates of the new written examination? What are the time frames of the police academies in the State of New Jersey that are available to us?

Chief Collow: I have a registration date already posted in the newspaper and on our cable channel. February 9 is the registration date. Those who register on that date will be informed that day of the exact test date. I do not have a correct date or an exact starting date for you.

Councilman Maher: For the other academies in the State of New Jersey - Somerset, Union, Ocean . . .?

Chief Collow: I am looking at either a late July or August starting date for some of these academies.

Councilman Maher: That is the Union academy?

Chief Collow: Correct.

Councilman Maher: What is the date for Somerset? You still don't have that information?

Chief Collow: I don't have it.

Councilman Maher: I understand that there is an individual who has successfully passed . . .is currently a police officer in the State of New Jersey who is on this list. If that individual should accept employment, what are your plans for that individual? That individual does not have to go through the academy when you can utilize the services of that individual almost immediately if he or she accepts employment. What are your plans?

Chief Collow: That officer would have to do in-house service training for the Old Bridge police department becoming familiar with our policies and procedures, qualify with a firearm and then he would quickly be deployed to the road to help us.

Councilman Maher: That individual would not have to go through the academy if he accepts employment. We could have that individual on the road within a short timeframe - a matter of weeks?

Chief Collow: That is correct.

Councilwoman Panos: For the last year and a half I have been asking for a complete police list. On June 14, 2002, I received a list of thirteen from Capt Cerra. On January 14, I received another packet. I received a complete list. Not only did you give me just the thirteen, you attached to your memo the whole fifty-five. Someone called me and said to ask for the chief of police association list. That is the print out. These things are not technically official. There could be errors, corruption. When I spoke to you on Friday, you (Chief Collow) said . . . that was on the sixteenth, and I filed an OPRA report to have these results in seven days for this meeting. On the sixteenth, you did not have this. I received a letter on the twenty-first saying that you could view the test that you asked for - the actual print out of the written test, but you have to sign a confidentiality report. That was from the attorney. When did you get this copy of the print out from the NJ State Association of the Chief of Police?

Chief Collow: Last Thursday.

Councilwoman Panos: For a year and a half I have been asked by constituents to check it repeatedly. In effort to put an end to the belief that the police hire list is corrupt, I wanted this list. My worst fears were realized. There was someone on this list of thirteen that was given to me two years ago, and this person remained on the list that you gave to me on January 14 who failed the written. How did he get on this list?

Mayor Phillips: I have to step in at this point in time.

Councilwoman Panos: No, my question is to the chief through the chairman.

President Baker: What we are trying to do is to bring the force up to full speed. How we get there, we get there. Let's give everyone a chance to speak. Chief, will you defer to the mayor.

Chief Collow: I will defer to the mayor.

Mayor Phillips: The issue here is the chief's list and confidentiality and personnel matters. This had a great deal to do with our counsel, Bill Ruggierio, who spoke to Councilwoman Panos about why and what could be done with the list. Bill, I don't mean to put you on the spot, but many of the decisions about what could be revealed to the public and what should not be were on your recommendations. Could you jump in here, please?

Councilwoman Panos: I spoke to him, and I don't need his clarification.

President Baker: You have asked a question to chief; the chief deferred to the mayor; the mayor has since deferred to the counsel, and now you will wait to hear his answer before you ask another one, please.

Attorney Ruggierio: It has been our long-standing policy that we do not speak about or identify those persons who have succeeded on some part of the test. There are lots of reasons that someone might not be on a police test. They might not have passed the written or oral test; they might not have passed the background examination; they might not have passed the medical testing; they might not have passed the physical agility test; they may have gotten too old for the list. There are all types of things like that. We did not come to this decision in a vacuum. We asked the civil service commission how they handle request for information about people who have taken tests. On one hand, there is a legitimate interest from the public to make sure that all these processes are on the up and up. On the other hand, it is embarrassing, to say the least, and problematic from a legal point of view to reveal those who might have failed or who were stricken from the list for some other reason.

That was the reason that I, before any of these other issues arose, said to Councilwoman Panos that she could look at this list, but needed to sign a confidentiality pledge. I would say to everyone that the reasons that we have for not wanting to reveal people who failed are for good reasons, and I don't want to ever look like I am cutting off a legitimate debate. That is what you are here for to talk about the matters that affect the public. I think that some consideration to these types of matters should be undertaken.

Councilwoman Panos. I take offense to that letter written on the twenty-first; I got the report on my own. The chief received the report on Thursday. Did you notice that someone was on the list of thirteen who actually failed the written? Did you notice that there might be a serious question as to the integrity of the test?

Chief Collow: I did background and checked the list I was provided with.

Councilwoman Panos: That was not my question. He is skirting. Maybe he misunderstood me. When you received the Chief of Police print out on January 22, what was your reaction when you saw that somebody on this official list with written scores had failed yet they were on this list? What was your reaction?

Chief Collow: I took my findings to the legal department for an opinion.

Councilwoman Panos: What were the findings of the legal department?

Attorney Ruggierio: The chief brought this issue of this score looking to him as if it may represent a failure and said "please analyze the language of the ordinance and tell me if I am reading this correctly". The mayor and the chief of police and I all came to an understanding based on my legal advice that the interpretation that this score was a failing score was the case. As I understand it that person does not appear on any proposed list of hire.

Councilwoman Panos: Either there was an "oops" or out and out corruption. Did you think that one of those could be a possibility, chief?

Councilman Gillespie: That is not an appropriate question.

President Baker: Anything Councilwoman Panos says is appropriate; she is entitled to an answer. Chief, can you answer, or do you choose not to?

Councilwoman Panos: Scratch that question. I don't want to insult anyone. You now know that there is a severe mistake. You almost put someone up who failed the test. What did you do after you went to legal and he said that it was true that this person is not qualified? You took him off. We are talking public safety, and I will not put a price on public safety, and part of that price is the integrity of this test. That is the highest price we are going to pay in public safety. Didn't you say maybe there were other mistakes here? Was that a possibility? Did you do anything about that? Did you then scrutinize this test to the utmost because the public's safety is at issue? Did you scrutinize the rest of this test?

President Baker: We are going to sit here until Councilwoman Panos gets every single question that she is entitled to answered.

Chief Collow: I went back over the list.

Councilwoman Panos: Did you look back over the list and realize that someone received two college credit points? Did you verify that he had a diploma?

Chief Collow: I rechecked the scores.

Councilwoman Panos: That is not my questions. Did you think that maybe two points were given to someone by mistake; let me make sure he has that college degree?

Chief Collow: Yes.

Councilwoman Panos: You went over every candidate and saw there college degrees or transcripts?

Chief Collow: The candidates that were hired?

Councilwoman Panos: No, candidates that are going to be hired.

Chief Collow: Yes.

Councilwoman Panos: I find that commendable that you could do that in one day. There could have been a mistake all along. How about the good people who were rejected from this list for any reason? Did you think to go over every question and the scores of everyone who was rejected on a background check?

Chief Collow: I conferred with our legal department on that issue.

Councilwoman Panos: After conferring with the legal department, did you think that there were some really good people who were taken off the list?

Chief Collow: No.

Councilwoman Panos: That is a shame. We have a grave mistake here. We are putting forth someone who failed. We threw off people who are begging for their background checks for over one year. One man who failed his background is now a police officer in Somerset. We don't help out any of those people; we just say "that's life".

President Baker: At some point if you are redundant, you will be stopped. If you bring new information and have a question, you will be recognized. If you are redundant, you will be stopped, and we will call a vote. Please bring something new to the table.

Councilwoman Panos: You didn't go back over and check the background checks of those people who were thrown off?

Chief Collow: The people who had failed?

Councilwoman Panos: Yes.

Chief Collow: No, I did not recheck the people who had failed the previous background checks.

Councilwoman Panos: Not even this man who I had brought to your attention last meeting?

Chief Collow: He failed the background by the last chief of police.

Councilwoman Panos: He is asking why.

Councilman Testino: How many times are you going to ask the same question? Let's move on with the meeting. Why not let her filibuster all night?

President Baker: There is a question asked, and we will wait for an answer. There is nothing to be hidden here as long as Lucille brings fresh questions, she is entitled to an answer.

Councilman Testino: Let's get some intelligent conversation. You keep asking the same thing over and over.

Councilwoman Panos: Mr. Testino, was your nephew hired off this list?

President Baker: It is nice to see the mayor and the chief side by side in unison bringing our force to full. Let's get through this. When we are done, our force will be full. I don't care how many questions it takes, but when we leave here this evening, our force will be up to full standard and to what it should have been years ago.

Councilwoman Panos: How could you predetermine that? The integrity of the test has been questioned; the integrity of the good people who passed over is questioned. The integrity of the verification of the rest of the things on this test in one day . . . Did these candidates attend the police academy today?

Chief Collow: They attended a one-day orientation today.

Councilwoman Panos: Who sent them to attend an orientation before they are even appointed?

Mayor Phillips: I did.

Councilwoman Panos: What gives you the right to do that?

Mayor Phillips: I'm the mayor.

Councilwoman Panos: Mr. Ruggierio, does making him the mayor put him above the law? May I have a legal opinion?

Attorney Ruggierio: No.

Councilman Testino: I take exception that sending them there is above the law. He has his rights. I am asking for a point of law.

President Baker: You are not recognized yet.

Councilman Testino: A point of law takes paramount over the rest of the discussion. Does the mayor have the right to do that or not?

Attorney Ruggierio: I don't think it is a point of order. When you ask a rhetorical question, it is unfair. The mayor has certain powers; the council has certain powers; the police chief has certain rights. All of these things are significant in any given circumstance. I don't think this was in any way beyond the power of the mayor to send these individuals to orientation.

Councilwoman Panos: They are not approved to be on a hire list by law, but they go to a police academy orientation. We are here to uphold the law; to make sure that all laws are followed through. You seem to be skirting the law.

Mayor Philips: All these individuals are operating under a conditional letter of employment. Part of the plan is to have orientation. They are still operating under a conditional letter of employment.

Councilwoman Panos: Did the taxpayer pay to send people to a class who were not yet approved?

Mayor Phillips: To answer the question, my chief financial officer tells me they are not on salary so they were not paid.

Councilwoman Panos: Who paid the school?

Mayor Phillips: Capt. Bonfante, how did they . . .?

Capt. Bonfante: They went to school under the conditional letter of employment. It was only a four hour orientation - no pay. They went on their own time.

Councilwoman Panos: That doesn't answer my question "who paid?". Mr. Gillespie you are quoted that in fairness to these people that they should be hired. Mr. Gillespie, since that last meeting, it has come to be that there are holes in this test. There are questions of integrity. There was lack of a thorough verification by the chief of police. These people are owed a chance of fairness. They are starting their career with a test that is blackened. You were that good to be here, take the test next month.

Councilman Gillespie: To clarify what I said at the last meeting is that I believe that all the people who took the test, all the people who passed and all the people who have been waiting, that there was an issue of fairness related to them and that we should consider this list. Unfortunately, the only person who seems to be besmirching the integrity of the list is you. The chief is here and has said that he is not going to allow anyone who is unfit to wear a badge or carry a gun in the Township of Old Bridge, and I believe him. Towards that end, Mr. Chairman, we have exhausted all these comments, and I think that we should proceed with a vote.

Councilwoman Panos: I still have the floor.

President Baker: Lucille, when you asked Mr. Gillespie a question, in the interim Mr. Testino asked to respond, and I am sure that the people here would like to hear another person speak.

Councilman Testino: I ask that the chair call the question.

President Baker: I will not call the question until Mrs. Panos is finished as long as she has new material. You voted for me, and I respect that, and I am giving you as much latitude as possible, but you have not brought new information.

Councilwoman Panos: This test is wrong. These marks were put by the anti-cop, by the evil. That is what happened with the difference in the test. There was no verification. I am asking my fellow council people. You have an obligation not just to the people of this town, to the people who were passed over to say let sleeping dogs lie. Go on with the new test; there are too many holes in this test. I am asking my council people to uphold the law to go investigate why these people were passed over. If there was one mistake, one corruption, there may have been multiple ones. Go do your investigation, chief. I will not vote for this. You are going to fill seven spots on a questionable test. You all came here predetermined; these people were sent to the academy predetermined, but now you have new information. We may be open to lawsuits. Step very carefully. We have enough specials to get us through for the next eight months. There is not a town emergency. The emergency is the integrity of the test and the people who were passed over. We may even get sued by some of those people.

RESOLUTION NO. 71

AUTHORIZING WAIVER OF TWENTY-DAY WAITING PERIOD WITH RESPECT TO THE EFFECTIVE DATE OF ORDINANCE NO. 03-04 AMENDING CHAPTER 2 "ADMINISTRATION -
DEPARTMENT OF POLICE" OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE

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

WHEREAS, in order for an ordinance to take effect less than twenty days after its final passage by the Township Council and approval by the mayor, N.J.S.A. 40:69A-181 requires the Township Council to adopt a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Township Council to vote in favor of the resolution; and

WHEREAS, Ordinance No. 03-04 needs to take effect immediately in order for the selected police officer candidates to attend the police academy in the next class which commences on February 2, 2004.

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

1. An emergency is hereby declared relative to Ordinance No. 03-04.

2. By a two-thirds (2/3) vote of all the members of the Township Council, Ordinance No. 03-04 shall take effect immediately.

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 Calogera, Greene, Councilwoman Panos.

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

Councilman Gillespie: In view of the fact that through attrition we have lost a significant number of police officers; in view of the fact that there is an imminent class beginning at the academy, and we have a public interest in having these officers certified, qualified and on the force in a reasonable time period, I am moving that we waive the twenty-day notice period for the ordinance so that the ordinance will take effect immediately.

Councilwoman Panos: Mr. Ruggierio, what is the purpose of the twenty days?

Attorney Ruggierio: The council has the authority if something is necessary to confront an emergency by a two-thirds vote make an ordinance effective immediately. I am of the understanding that because of the need to get these particular officers who are proposed to be hired into the academy, that the ordinance must take effect immediately. That is the purpose of this resolution.

President Baker: Chief, do you support this?

Chief Collow: Yes, I do.

President Baker: Mayor, do you support this?

Mayor Phillips: Yes, I support this. Back when the test that we are questioning was given, 156 people signed up to take the test. Of that, 66 persons passed every section of that test. Of the 66 who passed, we have chosen 17. The furthest we got down was 27. When people talk about the quality of the individual who took this test, of the 156 who took it, we have hired 17 of the first 27 the least of which (the 27th) had an 88.73 on the written, a 90.25 on the physical, an 85 on the oral - for an average score of 87.99. There have been accusations that this was the bottom of the list. This by far the bottom of the list. This is very close to the top. We have hired the top 17 individuals out of 156 people.

Councilwoman Panos: I find this ironic, whether you got a 79 or whatever, they all get 98 on the physical. Who administered the physical? Since there was so much question on this test, why are we taking the twenty days? It is not that important. Don't take the twenty days away. I am asking the chief to scrutinize this as you did the budget. Give yourself and this town twenty days. Someone could start a petition for this to be put on the ballot. That person has the right to start a petition and has twenty days to get that petition on a ballot. You are taking that basic American right away. You want to hire these people, you want to hire for what? That is not an emergency. You are now taking the basic right to petition away from the public. We are up here to uphold the law, not skirt it.

Councilman Gillespie: Whenever I start a new job, it is with the hope that my employer will welcome me with open arms and employ me and say that I am qualified and we really want you here. It is my hope that the people who have been selected and have gone through a very competitive process don't take umbrage to what has gone on here this evening. I personally do want them here. I want to start, and I want them on the road. I want this twenty-day technical requirement waived so that we can get people on the road, and we can do it in a timely fashion.

Councilman Greene: I believe in bi-partisan votes in politics. My last vote on extending the list was a difficult one, but I felt that I did the right thing. I don't think the council is doing the right thing now. I don't like surprises, and in all honesty all it would have taken would have been a phone call. You knew what my support was. All you had to do was to tell me that this was going to be the second step. If you want to ignore me and not tell me in advance that something like this was going to be done, I am not going to support you. This is not an emergency. This was, as far as I am concerned, doing the right thing, and I support it, but I am not supporting this particular motion. If you want my support, be open with me

Oaths of Office.

The following Oaths of Office were administered by Rose-Marie Saracino, Township Clerk.

I , Louis Riporti , do solemnly swear that I will support the constitution of the United States and the constitution of the State of New Jersey, and that I will bear true faith and allegiance to the same and to the governments established in the United States and in this State under the authority of the people, and I will faithfully, impartially and justly perform all the duties of the office of Police Officer according to the best of my ability so help me God.

I , Michael A. Krzywdzinski , do solemnly swear that I will support the constitution of the United States and the constitution of the State of New Jersey, and that I will bear true faith and allegiance to the same and to the governments established in the United States and in this State under the authority of the people, and I will faithfully, impartially and justly perform all the duties of the office of Police Officer according to the best of my ability so help me God

The following Oath of Office was administered by Stella Ward, Deputy Township Clerk.

I , Brandon Ward, do solemnly swear that I will support the constitution of the United States and the constitution of the State of New Jersey, and that I will bear true faith and allegiance to the same and to the governments established in the United States and in this State under the authority of the people, and I will faithfully, impartially and justly perform all the duties of the office of Police Officer according to the best of my ability so help me God.

The remaining Oaths of Office were administered by Rose-Marie Saracino, Township Clerk.

I , Charles Miller, do solemnly swear that I will support the constitution of the United States and the constitution of the State of New Jersey, and that I will bear true faith and allegiance to the same and to the governments established in the United States and in this State under the authority of the people, and I will faithfully, impartially and justly perform all the duties of the office of Police Officer according to the best of my ability so help me God.

I , John Santora, do solemnly swear that I will support the constitution of the United States and the constitution of the State of New Jersey, and that I will bear true faith and allegiance to the same and to the governments established in the United States and in this State under the authority of the people, and I will faithfully, impartially and justly perform all the duties of the office of Police Officer according to the best of my ability so help me God.

I , Patrick Montagna, do solemnly swear that I will support the constitution of the United States and the constitution of the State of New Jersey, and that I will bear true faith and allegiance to the same and to the governments established in the United States and in this State under the authority of the people, and I will faithfully, impartially and justly perform all the duties of the office of Police Officer according to the best of my ability so help me God.

I , Philip Belgio, do solemnly swear that I will support the constitution of the United States and the constitution of the State of New Jersey, and that I will bear true faith and allegiance to the same and to the governments established in the United States and in this State under the authority of the people, and I will faithfully, impartially and justly perform all the duties of the office of Police Officer according to the best of my ability so help me God.

Councilman Testino: I congratulate all these young men on their appointments. I wish them well in their schooling and training, and I would like to remind them that they represent the best of the best Old Bridge has to offer. I am proud of them, and I think they will do to remember their oaths. You are servants of the people, for the people, and if you keep that in mind in all your endeavors and remember that if it is good for the people of Old Bridge, it will be good for all of us. Good luck! We look forward to seeing you in a few months in a nice new uniform.

Councilwoman Panos: I have opposed this. It is done. It is over. Prove me wrong. I had an obligation to fight for the rest of the people who have complained. Prove me wrong, and I will be happy. Congratulations.

Councilman Butler: I wish the newly sworn in officers the best. You are the best police force in the state. Just follow your mind. You took the test in 2000; you have waited long enough. God speed!

Councilman Volkert: I congratulate our new police officers. This has been a long wait, and I am sure that you are going to serve the residents of Old Bridge well.

Councilman Calogera: Best of luck, and I wish you guys a happy, healthy and long career as police officers. Sometimes up here the votes are for whatever reasons. I have a number of people who also want to be on this job from among my constituents. I think you can make great cops. Feel free to ask for help. Good luck!

President Baker: Mr. Phillips will be leaving. This is a council meeting. The mayor will be in the building if he is needed.

Discussion Ordinance.

1. Amending Chapter II "Administration" Order of Business and Agenda. TABLED

Clerk Saracino: Recently our deadline date was Thursday at 2:00 p.m. which our office found unworkable. We could not get material together in time to send out packets on Friday morning. You will notice a change from the packets you received tonight. Originally, we were going to Wednesday at 2:00 p.m. In giving that some more thought, we felt that was not good because we were closing the agenda and having our staff meeting at 9:00 a.m. the next morning. The one you have in front of you is Thursday at 10:00 a.m. so that we can close the agenda and get our packets together.

Councilwoman Panos: I did not realize until last week that there was a meeting in the morning. What time do the department heads meet on Thursday mornings?

Clerk Saracino: 9:00 a.m.

Councilwoman Panos: If we hand something in at 10:00 a.m., they may not know what is on it and cannot discuss it.

President Baker: The clerk's office thought that to be fair to everyone involved, that they would try to meet everyone half way, and they would be able to do it by 10:00 a.m.

Councilwoman Panos: I wish we could have it at a time that when they have the department head meeting , they could address the issues. If something arrives at 10:00 a.m., they have had their meeting at 9:00 a.m., we don't get our answers. I wish there was some way that could be coincided.

Mr. Shah: We are planning to change our meetings. Instead of meeting on Thursday morning, [we are planning to meet] Wednesday late afternoon. The purpose of this meeting by the department heads and the division heads is to go over the agenda and the reason we want to allow us a time because during the time of the agenda discussion, there may be issues that have to be added or removed. That is the reason we are changing the meeting allowing Thursday until 10:00 a.m. The mayor has difficulty with morning meetings. We want to change the schedule because the mayor wants to attend these meetings. He participates in the process. It is convenient for him to meet in the afternoon. Our meeting will be on Wednesday afternoon at 3:30 p.m.

Councilwoman Panos: Last week I had something on the agenda, but they already had their department head meeting. I won't be able to get an answer until later. If something has to be in at 10:00 a.m., and you are going to have a meeting, Thursday afternoon will be best because the agenda will be complete, and you have your meeting based on a complete agenda.

Clerk Saracino: We need to get our packets out by Friday at 9:00 a.m. We know what has to be removed from the packet.

Councilwoman Panos: If we get it to you by 10:00 a.m., don't you have a draft of the agenda that you could pass along to administration so that when they are having their department head meeting . . .

Clerk Saracino: If it is something that had to be handled administratively, we would send a memo over to administration.

Councilwoman Panos: Say I want a report on what happened . . .

Clerk Saracino: That would still be something that would be sent over by memo to administration asking for a report.

Councilwoman Panos: When it is sent over to administration, they have already had their meeting for the week. Maybe I am not explaining myself right.

Mr. Shah: We want to streamline the process in order to help the council help the citizens. The report issue is something that the way we were doing it on the agenda. When you want a report requested through the clerk's office, a memo comes to us. As long as it is not an item on the agenda, it does not have a deadline. In a timely fashion, we will respond. Having that on the agenda, Rose-Marie has to run her process in order for us to prepare everything . To get to her was always a problem. This streamlines the process, and does not limit you because we have a staff meeting. We can distribute to the appropriate department.

President Baker: The council suggests that we table this. I am not making a motion to table because I want to hear Mr. Greene and anyone else.

Councilman Greene: Your suggestion may be a good one because I believe there is confusion as to whether it is Wednesday afternoon or Thursday morning.

Motion

to table the discussion ordinance relating to the change of the order of business on the agenda made by Councilman Greene, seconded by President Baker and so ordered on the following roll call vote:

AYES: Councilmen Gillespie, Greene, Councilwoman Panos, President Baker

NAYS: Councilmen Butler, Calogera.

ABSENT PODIUM: Councilmen Maher, Testino, Volkert.

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

Attorney Ruggierio: For the first time your ordinance will provide for a deadline for materials being received by the clerk's office which provides no mechanism for exceptions. If it is not received under this draft by 2:00 p.m. on the Wednesday preceding the agenda meeting, it cannot be considered. You know that this hard and fast rule if it is a part of an ordinance would be potentially be problematic. At a minimum I would say that you should have some mechanism within this ordinance so that this deadline can be waived so that you can deal with emergent matters. The clerk enforces her rule about the deadline for delivery of materials. I don't think you should put this in an ordinance.

Consent Agenda.

RESOLUTON NO. 72

GRANTING PERMISSION TO MADISON PARK LITTLE LEAGUE TO HOLD A PARADE ON APRIL 24, 2004

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

WHEREAS, has requested permission to hold a parade on April 24, 2004; and

WHEREAS, the Township Council wishes to endorse and permit a parade for the Madison Park Little League; and

WHEREAS, a parade route has been submitted to the Township Clerk.

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 grants permission for the Madison Park Little League to be held on April 24, 2004.

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, President Baker.

NAYS: None.

ABSENT PODIUM: Councilman Maher, Councilwoman Panos.

RESOLUTION NO. 73

MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR MARAN ENTERPRISES GAS STATION & CONVENIENCE STORE

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

WHEREAS, the developer of Maran Enterprises gas station and convenience store (Delta) located on Rt. 516 and Old Matawan Road intersection near Miller School in Ward 6 has requested a release of the following performance guarantee:

Performance Bond $106,342.20 (Bond No. S05643)
10% Cash Deposit $11,815.00
Total $118,157.20

WHEREAS, a bond hearing was held on January 12, 2004 at which time the township engineering department and the Township Council were heard; and

WHEREAS, the township engineer has performed an inspection of the site improvement work bonded with the Township of Old Bridge and finds that these have been completed satisfactorily; and

WHEREAS, there has been no previous reduction of the performance guarantee; and

WHEREAS, the township engineer has recommended a release of the performance guarantee.

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

1. The developer posting a maintenance bond for a (2) two year period in the amount of $17,723.00 (15% of the performance bond).

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Maher, Councilwoman Panos.

RESOLUTION NO. 74

AUTHORIZING CONTRACT TO MARK REMSA, P.P., PLANNING CONSULTANT FOR THE ZONING BOARD OF ADJUSTMENT

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 a professional planning firm for the purposes of providing consultant services to the Zoning Board of Adjustment from January 1, 2004 to December 31, 2004; and

WHEREAS, Mark Remsa, P.P., a licensed New Jersey firm, was and is recognized as capable and available to undertake such work.; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11.1, et. seq.) requires that a resolution authorizing the award of contracts for "Professional Services" without competitive bids must be publicly advertised.

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. Mark A. Remsa, PP, CLA, AICP, ASLA with principal offices located 10 Dewberry Court, Mount Laurel, NJ 08054 be and hereby is awarded a contract for assistance to the Zoning Board of Adjustment at an hourly rate of $140.00 for consultant services.

2. The services of Mark A. Remsa, PP, will be paid from development escrow accounts and a certification of funds is not required.

3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The township attorney shall review any and all contractual documents as prepared in furtherance of this award.

4. The contract is awarded without competitive bidding as a professional service under the provisions of the Local Public Contract Law (N.J.S.A. 40A:11-5 (1)(a)(I) since the contract is for services performed by a person authorized by law to practice a recognized profession.

5. Notice of a contract for professional services shall be published in the official newspaper of the Township of Old Bridge.

6. The contract shall be kept on record and on file in the office of the Township Clerk for public inspection.

This resolution is conditioned upon the following:

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

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

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

D. Compliance by the vendor with filing of Affirmative Action Form AA302 or A201, or otherwise complying with affirmative action employee information reporting.

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Maher, Councilwoman Panos.

RESOLUTION NO. 75

AUTHORIZING EXTENSION OF THE PURCHASE ORDER FOR REPRESENTATION BY THOMAS NORMAN, ESQ. IN REGA