OLD BRIDGE TOWNSHIP COUNCIL
AGENDA MEETING
February 2, 2004
An agenda meeting of the Township Council of the Township of Old Bridge was held on Monday, February 2, 2004 at 7:30 p.m., in the Municipal Complex. The meeting was called to order at 7:35 p.m. by President Baker, who invited all present to participate in a salute to the flag which was followed by a short prayer.
Deputy Clerk Stella Ward announced that the meeting was being held in conformance with the Open Public Meetings Act and was published in the newspaper. Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Butler, Calogera, Greene, Maher, Volkert, Councilwoman Panos, President Baker. Councilman Testino arrived at 7:40 p.m. Councilman Gillespie was absent.
RESOLUTION #95-04
EXECUTIVE SESSION
the public be excluded from this meeting pursuant to NJSA 10:4-13 for the discussion of the following matter or matters:
Labor Negotiations
Domestic Partnership Act
BE IT FURTHER RESOLVED that this meeting shall reconvene in public session in one half hour and that the minutes or other record of these discussions shall be available to be disclosed to the public in sixty (60) months unless a sooner date is determined by vote of the governing body at a public session.
Moved by Councilman Butler, seconded by Councilman Calogera and so moved on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Volkert, Councilwoman Panos, President Baker
NAYS: None.
ABSENT: Councilmen Gillespie, Testino
Prior to the roll call vote the following discussion took place:
Councilman Maher: Lt. Colleen McNamara and Sgt. Ross Moltisanti are here this evening in regard to the Domestic Partner Act, are we going to allow them in this session when we talk about details of that act?
President Baker: I will have Mr. Ruggierio answer that question.
Attorney Ruggierio: I have always advised Council that we should not have people associated with an issue sit in on the Executive Session.
Attorney Clarke: I agree especially since there may be implications with respect to your policies.
Councilman Maher: Please have someone go out and tell them that because they think that they are invited.
President Baker: Before we begin, I want to say that we are going to end this session at 8:00 p.m., not because we don't want to stay longer or want more information, but rather we promised the public that we would hear them at 8:00 p.m. and I think we should be fair in that respect.
Councilman Greene: Just a point of information, but I thought in the regulations that we approved that the public was to be heard at the end of the meeting, is there a change?
President Baker: No, I am just saying that the Executive Session will run till 8:00 p.m., and then we will commence our regular agenda meeting.
Councilman Greene: With regard to the Domestic Partnership Act that we are going to discuss in Executive Session, can you tell me who requested this item?
Himanshu Shah: The Administrative Department requested this item.
Agenda Meeting convened at 8:10 p.m.
President Baker asked all present to participate in a moment of silence for our troops who are in harms way.
APPROVAL OF MINUTES
January 12, 2004 – Combined Meeting
PRESENTATION (02/09/04)
1. Old Bridge High School Track Team
President Baker: This presentation will be postponed to a later date at the request of the team.
2. Congenital Heart Defect Awareness
DISCUSSION ORDINANCE
DO-1 Ordinance regulating contributions to candidates for political office.
Motion (Denied)
Motion to move up DO-1 made by Councilman Greene, seconded by Councilwoman Panos and so denied on the following roll call vote:
AYES: Councilmen Calogera, Greene, Councilwoman Panos
NAYS: Councilmen Butler, Maher, Testino, Volkert, President Baker.
ABSENT: Councilman Gillespie.
Prior to the roll call vote the following discussion took place:
Councilman Greene: I would like to move this up for discussion at the next regular meeting.
President Baker: I am not under the impression to move this up nor am I prepared to vote on this ordinance as it is written. I am open to some discussion.
Councilman Greene: Did you read the ordinance, Mr. Baker and do you understand what it calls for?
President Baker: Yes.
Councilman Greene: What are your objections? Maybe I can work it out with you.
President Baker: I am not prepared to discuss all my objections, we have a new attorney coming on board and it would be my opinion and belief to hold this off to a later date.
Councilman Testino: Vote on it. This has been going on for six months or a year, the same thing, vote to see if it will go up or down.
Councilman Greene: This is an agenda meeting and we are talking about putting items on for the meeting next week, and I don't think it calls for a vote. All it does is have the Council recognize that this item should be discussed at the next meeting and that is where it should be discussed, openly in front of the public, and I think it would be a shame if you voted on it tonight and clearly I would accept that as you trying to withhold or suppress good government because I think that this bill is absolutely good government because it limits in total the amount that an individual or company can give to a political candidate. What we have on the Executive Order, which was just put out there by Mayor Phillips without any kind of debate or discussion, and it simply destroyed an Executive Order that had been in effect and it would be a disgrace to the public and a sham if this Council votes on this tonight. Do I have to tell you that thousands and thousands of dollars were given to a county organization, and I won't mention the name, and in turn that organization was able to pay or give money to local candidates for election and that will continue to be permitted under the Executive Order that was issued by the new Mayor in January. That Executive Order is a sham because, like I said last week, it establishes a “bag man”. It says that a candidate cannot take more than $400.00 from a company, yet you can give the money to someone else and that individual in turn can give the money to the candidate. If you think that by voting on this tonight you can stop my voice from going out to public and getting a fair hearing, you are sadly mistaken. So, if you do want to vote against it tonight, I tell you again that is a sham and it will not stop me from pursuing this and to show you what a disgrace this Executive Order established by Mayor Phillips in January.
President Baker: I'm glad you are leaving politics out of this because I can simply join you on that end. I'd love to get some information as to how much the gentlemen who got the library contract paid to a political party, we certainly want to revisit that and I would like to know why, for the past eleven years, we did not need an Executive Order for any of this and someone decided at the last moment that we did and I would also say that the purpose of tonight's meeting is to discuss this ordinance, and if we choose to move it up there is no discussion on first reading. So if any council member has an opinion on this I would like to hear it tonight.
Councilman Testino: On reviewing this suggested ordinance I don't see a great deal of difference from the last one and we spent a great deal of time discussing it and debating it. I do note that it conspicuously leaves out the state committees. Now, we're talking about “bag men”, the state committees can operate in the same way as we saw in the 1999 election where $20,000 was funneled in from the Republican County Committee locally from the state committees and we all know that there are big developers that donate to those committees and are able to give those big chunks of monies into the committees and who knows where they are going, but I find this disingenuous to leave out that particular committee when you seem to have more control from your party's perspective, Mr. Greene, regarding how the operation of the State Committee is concerned. My concern here and I have voiced an opinion against this before, because I genuinely believe with my legal background that it does fall under some elevated scrutiny in terms of public rights and in order to try and chastise one evil you are infringing on a right of another person and in my heart-of-hearts I find that something that I cannot support because I believe it to be unconstitutional and in the end I have seen a number of attorney general opinions being bantered back and forth and some of the legal scholars find my analysis to be acceptable and others are still trying to find ways around the rights embedded in the Constitution. The biggest problem I have with this is you are trying to fix the playing field from the bottom up and does not level the playing field, it makes it uneven and in the end I see that you can do all the bantering you want, but you are really catering to your mechanism of raising funds. If you cannot extinguish the flow of funds from one direction you try to create if from another direction, ergo, the evil that you sought to do away with has just be changed or reconfigured. This is why I continue not to support this and in a more practical sense I would say to you and to others on this council, the Mayor is new and the Mayor is trying and we ran up against certain circumstances that would have prohibited us from having a bond counsel at times when we need to consult such legal advice and I say to you if you try to embed this ordinance you are going to be tinkering around with this thing for the next 3-5 years until the State does act. Whether you think it or not there are certain things that when you are involved with municipal governing you will need the advice of the powerhouses and I am talking about firms that are equipped to handle the issues of a town of our size. There are certain engineering firms that are equipped to do certain type of engineering, as is the same with certain law firms who are specially equipped to handle condemnation cases, bond ordinance, maybe there are even certain accountants we need to have, who have certain requirements on their license and until we find out how these firms are operating throughout the State, we certainly are limiting our ability to tap into the talent that this town needs to be that premier town that we want it to be. So Old Bridge has started in the right direction, but I don't think we are going to win this battle down here. We should send this message loud and clear to Trenton and even President Bush, who is raising great deals of money these days, that the political field as it exists today needs some changes. We at the municipal level find it difficult to maneuver or govern and plan when we have these issues afoot. Perhaps the goal is laudable at the end of the day it still is the American political system and this system whether it is fair or not fair in your eyes, it is still the best system in the world and supports the best government in the world in my opinion and in the end that we had a very fair contest and one that all participated in and both sides had adequate means to get their message out and both sides exercised their rights to raise funds and get out to the voters in whatever means they saw fit and it was a close contest when you think of the numbers in the town, so if you're saying one side had an advantage or disadvantage and you think that is the reason one contractor is going to get a better deal than another, I say sharpen the pencil when the contract comes in and force those people to give us the best deal we can. I know that Mr. Maher stands up and asks that question every time. Whether you like the question or not, Dennis is always about sharpening the pencil and there is nothing wrong with that. If you want the best contract for the best price focus on the contract and what we are getting for the dollars we are paying, and that is why I won't support this ordinance.
Councilman Maher: I am also not going to support moving this up this evening. While I applaud Mr. Greene's efforts for Old Bridge to be a trend setter, it is my understanding that we cannot fix this problem from the bottom up, it has to be fixed from the top down. I feel that you are standing on your head trying to fix it like this. I am also aware that there is debate going on right now at the national level as well as active debate in Trenton in both the Assembly and Senate with respect to pay to play. I would rather wait to see what comes out of the offices in Trenton and at the national level with respect to this and I think we just need to wait, so I am not going to support moving this forward.
Councilman Calogera: I don't know if I am prepared this evening, but I would still like to go through some of this and I do believe that we need some pay to play legislation and I really want to try the State because I feel that the State has not been earnestly been dealing with and I think the State is the one who is creating a lot of the problems for us on a local level because they do not want to deal with this. I would like to see pay to play legislation as soon as possible and as far as this ordinance I would like to take a little more time out of courtesy to any councilman up here, I am here two years and I don't ever remember not moving something up. I cannot remember any issue from any councilman that I was not willing to move up, so I will vote to move it up for that reason out of courtesy, but I would like to delve into this more and see what the ramifications are before I vote on it.
Councilwoman Panos: I think that maybe the first Executive Order was a little strict and the new administration came in with a new one that took the teeth out of everything and I believe this proposed ordinance is a good compromise. To say to be trendsetters, I don't agree because this is the way many towns are going and we should begin at home and this is the integrity that we hold people to and what we expect. It is putting our town up there with other towns like Sayreville, I say we move it up and look into it for another couple of weeks.
Councilman Greene: Mr. Testino is certainly right that we should include the State and the purpose of the ordinance was to come up with a maximum universally wide plan, whether it is the State or the County and I would be more than glad to insert that and I do feel that based on some of the things that were said I believe we should fight this from the ground up, I don't understand when people say from the top down. This certainly is a practice that we have to stand up for and do something about it even if it just locally in Old Bridge. It is important and when we hear things and people criticize the pay to play concept they say people are more concerned with their tax bills and overdevelopment. Well the fact of the matter is this pay to play that is going on is the heart and the reason as to why we pay more taxes and what is happening to our town as far as development. It is important because we are giving no bid contracts out to individual who have paid money to support political candidates. I want to reemphasize that no bid contracts should be awarded and if the Council wants to join me in saying there will be no contracts unless by bid, that is fine. What happens is we have individuals who have paid to support candidates for political office with the hope that they in turn will benefit by a contract that will be issued to them and that is in fact what is happening. It happened at our last meeting and I refused to vote for a particular vendor who did pay thousands upon thousands of dollars to political candidates and I cannot accept that and I think the residents of Old Bridge deserve something better and when they pay their taxes on a quarterly basis, let me tell you clearly when you have no bid contracts it affects the taxes. When you have individuals who have paid money to political candidates and have come before boards and want variances, that is the heart of pay to play. I would hope that the Council will give me the ability to have an airing in public at the next meeting and if they don't I certainly will pursue this because it is costing the residents of this township money, there are no free lunches.
President Baker: We certainly have progress and I had faith in the last administration , eleven of the last twelve years they negotiated contracts and this Council approved those contracts and I think that they pick the best people for the jobs and not the people who paid the most money. Indeed, we do have some work to do and I am going to vote no to move this up.
CONSENT AGENDA
C-1 Bingo/Raffle
DISCUSSION RESOLUTIONS
DR-1 Payment of Accumulated Time – Resignation, Alayne Shepler in the amount of $14,580.84
DR-2 Bus stop resolution for State roads
DR-3 Bus stop resolution for municipal and county roads
DR-4 Increase purchase order to cover final payment for litigation Re: Old Bridge Zoning Board vs. Allan Jacobs in the amount of $2,525.00 to James Hyland, Esq.
DR-5 Safe and Secure Communities Grant Program application
DR-6 Resolution constituting an agreement with certain State Contract Vendors
DR-7 Memorialize Release of Land Disturbance Performance Bond for Raritan Bay Medical Center
RESOLUTIONS - ACTION TONIGHT – 2/2/04
RESOLUTION #96-04
RESOLUTION AUTHORIZING MEMORANDUM OF AGREEMENT WITH THE TEAMSTERS LOCAL NO.469 PROFESSIONAL BARGAINING UNIT.
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, the Township Council of the Township of Old Bridge wishes to enter into a Memorandum of Agreement with the Teamsters Local No. 469 Bargaining Unit for the period July 1, 2002 through June 30, 2004; and
WHEREAS, the terms of said Agreement are set forth in the Memorandum of Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Memorandum of Agreement with the Teamster's Local No. 469 Professional Bargaining Unit is hereby Authorized.
MEMORANDUM OF AGREEMENT
WHEREAS, the Township of Old Bridge and Teamsters Local No. 469 (Professional Bargaining Unit) are mutually desirous of reaching a voluntary resolution to a successor to the July 1, 1999 through June 30, 2002 collective bargaining agreement between both parties; and
WHEREAS, representatives of Teamster Local No. 469 (Professional Bargaining Unit) and the Township have met and negotiated the following terms and conditions of employment which are subject to ratification by the respective parties;
THUS, it is hereby recommended that the following modifications shall be incorporated into the existing collective bargaining agreement between the parties while all other matters contained therein remained unchanged:
FIRST, the duration of the collective bargaining agreement shall be from July 1, 2002 through June 30, 2004.
SECOND: Article XIX, Salary Administration Guide, shall be modified to provide for increases as follows:
Effective July 1, 2002, a 3.9% across the board increase
Effective July 1, 2003, a 3.9% across the board increase
THIRD: Article VI, Health Benefits, Section A, First Paragraph, shall be changed from “seven hundred thirty-five dollars ($735.00)” to “one hundred sixty-two dollars ($162.00).”
Section C, shall be changed from “$735.00” to “nine hundred forty-one dollars ($941.00)” and the date shall be changed from “June 30, 1999 to “June 30, 2004”.
Section E, last sentence, shall be deleted and replaced with the following:
At the end of one (1) year from the date the non-job related injury was incurred, the above payments, health benefits and employment shall terminate.
FOURTH, Article XI, Section A, shall be revised as follows:
All non-professional and professional personnel vacancies and/or new positions Arising within the Township shall be advertised in accordance with state and Federal law. All internal candidates shall be interviewed before outside candidates.
FIFTH, Article XII, Hours of Work and Overtime, Section D, shall be revised to state:
Any employee required to work on a holiday shall receive time and one half of the normal salary for all hours worked plus the regular straight time pay for the Holiday.
SIXTH, Article XV, Clothing Allowance, shall be modified to reflect a fifty dollar ($50.00) increase in the second year of the collective bargaining agreement.
SEVENTH, Article XII, Hours of Work and Overtime, Section G, shall be amended to include the following new paragraph:
Prospectively, all employees will either be paid or use their comp time within the Township's fiscal year in which the comp time is earned. In the event said comp time is not used in the fiscal year earned it will be paid for at the collective bargaining agreement rate in effect at the time the comp time is earned.
Moved by Councilman Butler, seconded by President Baker and so moved on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: Councilman Maher
ABSENT: Councilman Gillespie
Prior to the roll call vote the following discussion took place:
Councilman Calogera: Perhaps you could explain this to the members of the public.
Himanshu Shah: Basically, these are the same settlements that was discussed and agreed to with the PBA and FOP and it provides the increase of 3.9% for the last two years. The contract will end at the close of this fiscal year 2004. It also provides some co-payment in health benefits that reduces the Township costs and as Mr. Clarke indicated this is a fair settlement for both sides.
President Baker opened this matter to the public.
Seeing no hands President Baker closed the public portion.
RESOLUTION #97-04
RESOLUTION AUTHORIZING A MEORANDUM OF AGREEMENT WITH THE OLD BRIDGE DISPATCHERS IFPTE LOCAL 196
BE IT RESOLOVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey;
WHEREAS, the Township Council of the Township of Old Bridge wishes to enter into a Memorandum of Agreement with the Old Bridge Dispatchers IFPTE Local 196 for the period July 1, 2002 through June 30, 2004; and
WHEREAS, the terms of said Agreement are set forth in the following Memorandum of Agreement.
MEMORANDUM OF AGREEMENT
WHEREAS, the Township of Old Bridge and the Old Bridge Dispatchers Union IFPTE Local #196, are mutually desirous of reaching a voluntary resolution to a successor to the July 1, 1999 through June 30, 2002 Collective Bargaining Agreement between the parties; and
WHEREAS, representatives of the Township of Old Bridge and Local 196 have met and negotiated the following terms and conditions of employment which are subject to ratification by the respective parties;
THUS, it is hereby recommended that the following modifications shall be incorporated into the existing Agreement between the parties while all other matters contained therein remain unchanged.
FIRST, the duration of the successor collective Agreement shall to be from July 1, 2002 through June 30, 2004.
SECOND, base pay in accordance with Article XIV, Salary shall be increased as follows:
Effective July 1, 2002, a 3.9% across the board increase
Effective July 1, 2003, a 3.9% across the board increase
THIRD, Article XI, A Health Insurance, shall be modified to comport with the Township's Managed Care Health Benefits Program as presented by the Township of Old Bridge in these negotiations and attached hereto;
FOURTH, Article VI, B Heath Insurance, shall be modified to reflect a co-pay of $5.00 for generic and $12.00 for non-generic prescriptions.
FIFTH, Article XIV, C, shall be adjusted by $50.00 in each year of the Agreement
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Memorandum of Agreement with the Old Bridge Dispatchers IFPTE Local 196 Bargaining Unit is hereby Authorized.
Moved by Councilman Butler, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: Councilman Maher
ABSENT: Councilman Gillespie
Prior to the roll call vote President Baker opened this matter to the public. Seeing no hands President Baker closed the public portion.
RESOLUTION #98-04
RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO CONTRACT #03-25 2003/2004 ROAD SALT CONTRACT
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, the Township Council of the Township of Old Bridge previously authorized Contract No. 03-25 with the firm of Atlantic Salt Inc., for the 2003-2004 road salt purchases; and
WHEREAS, due to extreme weather conditions, an excessive amount of salt has been used on the local roadways; and
WHEREAS, the Director of Public Works has advised that there is a shortage of road salt which has created an emergency situation affecting the public health, safety and welfare, pursuant to NJSA 40A:11-6; and
WHEREAS, an additional change order is necessary to respond to the emergent need for additional road salt;
NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Change Order No.1 is hereby authorized as set forth on the attached Change Order.
ORIGINAL CONTRACT………………… $35,000
CHANGE ORDER NO. 1 ……………….. $25,000
NEW TOTAL AUTHORIZED…………… $60,000
TOTAL AMOUNT OF CHANGE ORDER $25,000
BE IT FURTHER RESOLVED, that the Mayor and Clerk of the Township of Old Bridge are hereby authorized to execute such written contract documents as may be approved in form by the Township Attorney.
Moved by Councilman Butler, seconded by President Baker and so moved on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Gillespie
Prior to the roll call vote the following discussion took place:
Mayor Phillips: This is simply to give you some estimation of what the snow removal costs have been so far this year. There is no guarantee that this is the end of our cost, it is just where we are now. I want to say that I have never received so many compliments from people regarding the condition of their roads. I don't know why, but people think because there is a new mayor, they are getting better snow removal. We know that is not the case, but I thank you for your efforts.
President Baker opened this matter to the public. Seeing no hands President Baker closed the public portion.
RESOLUTION #99-04
EMERGENCY APPROPRIATION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, an emergency has arisen with respect to Snow Removal, and no adequate provision was made in the SFY 2004 Budget for the aforesaid purpose, and N.J.S.A.40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned; and
WHEREAS, the total amount of emergency appropriation created including the appropriation to be created by this resolution is $300,000.00.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that in accordance with N.J.S.A. 40A:4-48 an emergency appropriation be and the same is hereby made for Snow Removal Salaries and Wages in the aggregate amount of $75,000.00 and Snow Removal Other Expenses in the aggregate amount of $125,000 and that said emergency appropriation shall be provided in full in the SFY2005 Budget.
BE IT FURTHER RESOLVED that three certified copies of this Resolution will be filed with the Director of Local Government Services.
Moved by Councilman Butler, seconded by Councilman Calogera and so moved on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Gillespie
Prior to the roll call vote the following discussion took place:
Himanshu Shah: As the Mayor indicated, this is a continuation for the salt that we need in connection with weather related matters.
Councilman Testino: I just wanted to comment that the road department has been keeping the roads very clean and I think that is to our town's workers good credit. We did run short as you are aware, and Rocky come up with several ways to manage the shortage and I just want to applaud his efforts.
President Baker opened this matter to the public. Seeing no hands President Baker closed the public portion.
RESOLUTION #100-04
RESOLUTION AUTHORIZING THE OLD BRIDGE TOWNSHIP POLICE DEPARTMENT TO USE TWO (2) MOTOR VEHICLES AND ONE (1) TRAILER SEIZED PENDING FORFEITURE ACTION AND AUTHORIZING ISSUANCE OF GUARANTEE
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 Police Department has seized two (2) motor vehicles and one (1) trailer as more fully set forth on the attached Schedule “A”; and
WHEREAS, the Township of Old Bridge Police Department desires to use said motor vehicles and trailer pending disposition of the forfeiture action; and
WHEREAS, pursuant to NJSA2C:64:3(h), the Superior Court may issue an Order permitting use of the vehicles by the Old Bridge Police Department pending the disposition of the forfeiture action provided that property shall be used for law enforcement purposes and approved by the Middlesex County Prosecutor's office, the prosecuting agency and the Township; and
WHEREAS, the Middlesex County Prosecutor's office is hereby authorized to file a written guarantee for said motor vehicles.
WHEREAS, it is in the best interest of the Township of Old Bridge that the Police Department use said motor vehicles.
NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey the Old Bridge Police Department is hereby granted approval to use two (2) motor vehicles and one (1) trailer (as more fully set forth on the attached Schedule “A”) pending a disposition of the forfeiture action; and
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to execute the attached guarantee; and
BE IT FURTHER RESOLVED that the Township Clerk shall forward a certified copy of this Resolution to Middlesex County Prosecutor and the Township of Old Bridge Finance Director.
GUARANTEE
WHEREAS, there is pending before the Superior Court of the State of New Jersey an application by the Township of Old Bridge to use two (2) motor vehicles and one (1) trailer pending forfeiture action, which use is permitted under NJSA 2C:64-3(h); and
WHEREAS, the Township of Old Bridge did adopt a Resolution authorizing the Middlesex County Prosecutors office to file a written guarantee for the vehicles which may be subject to return to the owner, all in accordance with NJSA 2C:65-3(h).
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township Council does hereby guarantee payment or return of the said motor vehicles listed below which may be subject to return to owner in the event the forfeiture is not granted.
SCHEDULE A
1999 Acura – Vin. #JH4KA965XXC007879
1997 Ford Expedition – Vin #1FMFU18LOVLC09243
2001 Hallmark Trailer – Vin. #16HCB1211P024247
Moved by Councilman Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Councilwoman Panos, President Baker.
NAYS: None.
ABSTAIN: Councilman Volkert
ABSENT: Councilman Gillespie
Prior to the roll call vote the following discussion took place:
Chief Collow: I apologize for this being on so late, what this is is our detectives seized two vehicles and also a trailer. In order for us to use them we need a resolution, which will subsequently go to the County at which time they will approve the use and we will be able to use these vehicles while we await the forfeiture hearing.
Councilman Calogera: These vehicles will be used for law enforcement purposes only?
Chief Collow: Absolutely.
Councilwoman Panos: I am sure it's legal, but we can actually use a car that is not ours and that we took? What kind of forfeit action has to take place?
Chief Collow: These were seizures as a result of police action. We are in litigation through the County to seize ownership of these vehicles and while we are in that action we have a right to use these vehicles, and that is what we would like to do. It is going to need a resolution by the Council and then it will need approval at the County level; this is the first step.
Councilwoman Panos: There is no way these people could somehow not forfeit these vehicles.
Chief Collow: In the event that the court rules they get their vehicles back, the township is going to encumber no loss or no liability in this action.
Councilman Calogera: Are these vehicles going to be auctioned off eventually?
Chief Collow: I don't have that answer right now, we may or may not use them.
President Baker opened this matter to the public:
Linda Seiler: I heard what you said, but what about liability for return if we do have it and we use the vehicle and it gets damaged, are we not liable for the damage?
President Baker: No, we are not libel.
Councilman Testino: That is not the right answer. You have to read the resolution.
Attorney Berlen: The vehicles are covered and are insured through the township's policy. Should there be damage to that vehicle, it would be covered as we would be responsible to the defendant to replace it should he be successful in his criminal matter.
Seeing no more hands, President Baker closed the public portion.
APPOINTMENT
A-1 Mayoral Appointment – James F. Weber as Chief Municipal Judge (Requires public comment and Council advice and consent)
Mayor Phillips: I am not sure if I am doing this tonight or next Monday.
Councilman Testino: I think that the candidate has to come before us, but Mr. Ruggierio can address this matter.
Councilman Calogera: I have watched Judge Weber work and I tell you that he does a very good job and am more than happy to see him reappointed.
Councilman Testino: I agree with Kevin and hold this man in great esteem and will support this nomination.
Mayor Phillips: I would like our attorney to research that ordinance to see if he has to be present at the appointment. If he does not have to be here I will make the appointment without him being here.
Attorney Ruggierio: We will research it and answer the question.
PUBLIC PORTION
Linda Seiler: With regard to the resolutions that come up, how does the public get to see it before so they can do their own research and speak intelligently on issues.
Himanshu Shah: We do post the agenda on the web. You have made some comments about difficulty with our web site, and you are the only one I have heard with a complaint and I think we have a great site with a lot of information. Also, we are adding the ordinances once they are introduced to the web site. Beyond that, you can visit the Clerk's office and they will provide you with information and you can do research there during normal business hours.
Linda Seiler: I can access the site. Generally the information comes in a few days before and the other thing I noticed, according to the Sunshine Laws they are supposed to be posted in a timely manner and we still do not have the minutes from the January 1, 2004 meeting. We are not getting them on the web in a timely manner.
Himanshu Shah: Actually, if you look at the agenda we are approving January 12, 2004 minutes. We make them available on the web once the Council approves it.
Linda Seiler: Well January 1, 2004 has been approved and it still is not on the web. I have also gone to the library and there are a lot of things missing from there and they said that they are not kept up to date. You are also in receipt of a letter from me and there was a problem with some people opening it. It had to do with appointments to boards and committees and I would like to get a response on it.
President Baker: I am sure everyone will respond to you in accordance with their schedule.
EXECUTIVE SESSION
Resolution #101-4
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that;
the public be excluded from this meeting pursuant to NJSA 10:4-13 for the discussion of the following matter or matters:
Woodland Trails
Confidential Legal Matter
BE IT FURTHER RESOLVED that this meeting shall reconvene in public session in one half hour and that the minutes or other record of these discussions shall be available to be disclosed to the public in sixty (60) months unless a sooner date is determined by vote of the governing body at a public session.
Motion to go into Executive Session made by Councilman Butler, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT PODIUM: Councilman Volkert
ABSENT: Councilman Gillespie
MOTION
Motion to adjourn at 10:00 p.m. made by Councilman Calogera, seconded by President Baker and so ordered on the following vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
______________________________
William Baker, Council President
______________________________
Rose-Marie Saracino, Township Clerk
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