OLD BRIDGE TOWNSHIP COUNCIL
REGULAR MEETING
March 8, 2004
A Regular meeting of the Township Council of the Township of Old Bridge was held on March 8, 2004 in the Municipal Complex. The meeting was called to order by President Baker who asked all present to participate in a salute to the flag which was followed by a short prayer.
Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places. The next meeting will be March 15, 2004 at 6:00 p.m.
Roll call at 8:00 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Butler, Gillespie, Greene, Maher, Testino, Councilwoman Panos, President Baker. Councilman Volkert was late and Councilman Calogera was absent.
APPROVAL OF MINUTES
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #162-04
WHEREAS, the following minutes are hereby approved
January 26, 2004 Combined
February 9, 2004 Regular Meeting
Moved by Councilman Butler, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera, Volkert.
APPROVAL OF MINUTES
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #163-04
WHEREAS, the following minutes are hereby approved
February 2, 2004 Agenda & Executive
Moved by Councilman Butler, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilmen Butler, Greene, Maher, Testino, Councilwoman Panos, President Baker.
NAYS: None.
ABSTAIN: Councilman Gillespie.
ABSENT: Councilman Calogera, Volkert
Report of the Clerk
MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, TOWNSHIP CLERK
The following represents the collections made during the month of February 2004:
DOGS
1451-2067 4,674.00
1794 Replacement of #94.50
1620 n/c Seeing Eye Dog. 4,674.50
CATS
318 7.00 7.00
LICENSES
Vending
Candy - $5.00
#'s
27-30 Raritan Bay Medical Center 20.00
31 CSB Services 5.00
Amusement - $25.00
#'s
109 Vendormatic 25.00
Soda - $10.00
#'s
27 Pegasus 10.00
28-31 Raritan Bay Medical Center 40.00
32 CSB Services 10.00
33 RTC Associates 10.00
34-46 Pepsi 130.00
Used Car
357 Stream Motors 350.00
Towing
Circle Automotive Pro Rata fee 7.00
Hot Dog
378 Silvestri Goncalves 50.00
Limousine
376 Zusman 50.00 707.00
BINGO/RAFFLE
RA 38-04 Old Bridge Sayreville Rotary 10.00
RA 39-04 McDivitt School 10.00
RA 40-04 McDivitt School 10.00
RA 41-04 Grissom School 10.00
RA 42-04 Most Holy Redeemer Church 10.00
RA 43-04 Catholic Daughters of America 10.00
RA 44-04 Catholic Daughters of America n/c
RA 45-04 Institute for Brain Injured Children 10.00
RA 46-04 Institute for Brain Injured Children 56.25
RA 47-04 Institute for Brain Injured Children 30.00
RA 48-04 Robertsville PTA 10.00
RA 49-04 Robertsville PTA 10.00
RA 50-04 Cheesequake Baseball 30.00
206.25
PARKING PERMITS
#1632-1690 ( Permits) 1,350.00
#1645, 1650, 1674,1676,1689
replacements 25.00
Temporary Permits
#391-393 @ $ 1.00
#394-398 @ $ 5.00 28.00
1,403.00
MAPS
Street Map 5.00
5.00
MISCELLANEOUS
Photocopies 72.25
72.25
TOTAL $7,075.00
MOTION
to accept the report of the Clerk by Councilman Butler, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Volkert.
Preliminary Public Comments
Dianna Freeman: How long will the construction for the Route 18 bridge last? Will it impact Marsad Drive with all the traffic coming off of Route 18 and entering onto to Route 516?
President Baker: We will be discussing this resolution later in the meeting and all the questions will be answered then.
Mr. John Chin: I am requesting any additional funding from the township for the Old Bridge High School Marching Knights Band.
President Baker: We will put this on for an action item on the next agenda.
Councilman Testino: I would ask Mr. Shah to present to us the line item on this to see if there was any money there last year.
Mr. Tom Weiler: Where are we with the injunction that was supposed to be filed against the Breakfast Club?
Mr. Convery: Mr. Ruggierio drafted the complaint and I am having a meeting tomorrow with Code Enforcement and the Engineer to make sure that all the facts are true. As soon as that it verified it will be filed.
Mr. Rao: Will the taxes be going up in the future?
Mayor Phillips: I have requested that Mr. Shah bring us a zero increase budget this year. There are new buildings going up, so we will have the benefit of new ratables, particularly the building on exit 120. The only thing that we have had over the budget was snow removal, but we are still at less than last year.
President Baker: We have made a pledge to not increase the taxes.
Mr. Richard Azarian: Are there any other remedies that we can use if we are not successful with the injunction on the Breakfast Club 80 at the Supreme Court level?
Mr. Convery: There is the municipal code. The zoning officer can issue a summonses if he believes there are violations. The municipal judge would decide if there are violations and if so, what the appropriate penalties are. This also could be done parallel to action in Superior Court.
Mr. Azarian: Is there anything that we can do about the parking of cars for the patrons of the Breakfast Club. A week ago there was a valet service that was lining cars up in front of my house.
Mr. Convery: Since this is going into litigation, I would like to have an opportunity to discuss this with the staff. We are having a meeting tomorrow morning.
Seeing no hands President Baker closed the public portion.
Bill List
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #164-04
WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of March 8, 2004 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of March 8, 2004 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $7,301,114.02 (General Fund)
Moved by Councilman Butler, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilman Butler, Gillespie, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: Councilman Greene.
ABSENT: Councilman Calogera.
Prior to the vote the following discussion took place.
Councilman Greene: Why was a check to Perth Amboy in the amount of $18,500.00 voided?
Mr. Shah: It was stale dated and a new one was issued. This was approved sometime ago but because of negotiations it was not mailed out. A new check was mailed to Perth Amboy and I believe that we had a closing and acquisition of the land.
Councilman Greene: On page 23 there is a payment to Stern & Dragoset, which I would like to have removed from the total because it was part of the “pay to play” concern that I brought up a couple of weeks ago and also because this contract was awarded after the work was done.
President Baker: Can you just vote no on the whole bill list?
Councilman Greene: Sure, if that is easier. I just wanted my reasons on the record.
Bill List
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #165-04
WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of March 8, 2004 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of March 8, 2004 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $792,873.58 (Payroll)
Moved by Councilman Butler, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilman Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
Bill List
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #166-04
WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of March 8, 2004 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of March 8, 2004 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $47,948.05 (Overtime)
Moved by Councilman Butler, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilman Butler, Gillespie, Greene, Testino, Volkert, President Baker.
NAYS: Councilman Maher, Councilwoman Panos.
ABSENT: Councilman Calogera.
Prior to the vote the following discussion took place.
Councilwoman Panos: Why is the overtime in the police department so high this time?
Chief Collow: I do not have the information on this tonight but I will give you a memo on this. It may be because I have a lieutenant getting ready for retirement and he is using vacation time.
PRESENTATION
Awards for Old Bridge Jr. Knights “Squirt A” Ice Hockey Team – Champions of New Jersey Hockey North Division.
Certificates of Appreciation were given to the following players and coaches:
Players
Brad Anderson, Vincent Conanan, Patrick Dwyer, Robert Fisher, Nick Kracsun, Harry Kurth, Vincent Loksa, Justin Pieron, Mackie Rae, Travis Saladis, Nicholas Saporito, Edward Stulak, Stephen Weir
Coaches/Managers/Trustees
Kevin Driscoll, Wayne Anderson, Mike Kurth, Pat Saporito, Joe Dwyer, John Piccolo, Mark Belotti, Robert Suollo
The Old Bridge Jr. Knights “Squirt A” Hockey team presents Thomas Badcock with a check in the amount of $100.00 representing a donation to Camp Robin.
PROCLAMATION
Most Holy Redeemer Church – 20th Anniversary
The following certificate was presented to Father Chester Carina who accepted it on behalf of Most Holy Redeemer Church
Whereas, Most Holy Redeemer Roman Catholic Church was formed by Cardinal Theodore McCarrick on February 16, 1984; and
Whereas, Their first mass was held on November 22, 1984 at the Carl Sandburg Middle School; and
Whereas, Most Holy Redeemer services 1,500 families in the Old Bridge area with over 6,000 parishioners; and
Whereas, Most Holy Redeemer provides spiritual, and social activities for families through their parish organizations: Family Life; Youth Group; Children's Liturgy; Art & Environment; Holy Name Society; Fundraising Group; St. Vincent de Paul Society; Adult Choir, Children's Choir; and Contemporary Music Group
Now, Therefore, I, Mayor James T. Phillips along with the Township Council do hereby call upon all citizens to congratulate Most Holy Redeemer Roman Catholic Church on this their 20th Anniversary and wish them continued success in the years to come.
APPOINTMENT OF DIRECTOR OF LAW
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #167-04
Jerome Convery is hereby appointed Director of Law with a term expiring December 31, 2007
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilman Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
Prior to the vote the following discussion took place.
Councilman Greene: Several weeks ago the ordinance relating to the Township Attorney was changed enabling him to conduct an outside practice and I would like to ask this candidate some questions now. I do not have a problem with an attorney that may be a Zoning Board Attorney in another town because that work would be done at night after hours. What does Mr. Convery perceive his outside work will be?
Mr. Convery: I want to make a commitment to the township residents, Mayor and Council that my highest priority will be to do the best job that I can for the township. I consider myself to be a full service attorney for Old Bridge. Any and all things that are required by the Township Attorney, I intend to do. We have a good staff in the legal department and I am sure that we can answer any questions that come up. From 1984 to 1988 I was the township attorney and I did the job then and I intend to do the job now. I have been the planning board attorney for sixteen years in Monroe, they meet once a month on Thursday and I do not think that it will interfere with my duties here. I consider Old Bridge to be my primary client. In the last three weeks I have indicated to people that I am no longer doing real estate, matrimonial or personal injury practices. I intend to do wills and possibly municipal court appearances which will not interfere with Old Bridge. I assure you, you are getting a full service attorney.
Councilman Greene: Will you make a commitment to this council that you will not entertain client at your office on Route 516 during the 9-5 work day?
Mr. Convery: I think that the change in the ordinance provides for me to be a full service attorney and to devote 40 hours a week to the township, which includes meetings at night and other meetings. If there is a situation where I must meet with someone else during the weekday, I assure that I will make up that time elsewhere. I consider this to me more than a 9 to 5 job. I will do everything that I can to fulfill all the requirements of the ordinance.
APPOINTMENT OF DIRECTOR OF FINANCE
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #168-04
Himanshu Shah is hereby appointed Director of Finance for a term expiring December 31, 2007.
Moved by Councilman Gillespie, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilman Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
Prior to the vote the following discussion took place.
Councilman Greene: Mr. Shah does have outside work that he does perform and I think that you have done a good job as finance director. I do not want to be inconsistent and that is why I supported Mr. Convery and I will also support Mr. Shah.
Councilman Testino: I believe that these are both (Mr. Convery & Mr. Shah) excellent choices by the mayor. I know them both for a long time and I know that they both have high professional ethics and I look forward to working with both of them.
Councilman Butler: Mr. Shah is a true professional, he always does his research and homework. He has my support.
Hearing
Release/Reduction Performance Guarantee Primavera Estates. Re-scheduled for April 12th, 2004
ORDINANCE FOR FIRST READING
TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 06-04
ORDINANCE ESTABLISHING RULES FOR CARRY OVER OF ACCUMULATED SICK TIME FOR PROMOTION OR TRANSFER
FROM A COLLECTIVE BARGAINING UNIT TO A NON-UNION STATUS
BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows:
SECTION 1 PURPOSE
The following rules shall apply to carry over of accumulated sick time only and to no other type of accumulated time.
(a) Any member of a collective bargaining unit who is promoted or otherwise transferred into a management position or a non-union position shall be permitted to carry and maintain all accumulated sick time to which he or she is entitled at the time of such change in status.
(c) In order to implement the employee's right to carry over such accumulated sick time from a collective bargaining unit to non-union status, such employee must elect to receive such carry over within one (1) year of the date of transfer. This ordinance shall be applicable to any persons transferring from a collective bargaining unit to a non-union position retroactive to July 1, 2003.
(c) If an employee makes an election to transfer accumulated sick time when he or she changes to a non-union status, the amount of sick time maximum and the manner by which sick time is charged and accumulated shall be governed by the contractual rules of the collective bargaining unit in place at the time the employee makes his or her election to carry over accumulated sick time as provided in this ordinance.
(d) Should any employee decline to carry over and maintain accumulated sick time from a collective bargaining unit when he or she is transferred into a non-union position by failing to make such election, such employee's right to sick time maximums and the rules concerning use and accumulation of sick leave shall be governed by the applicable provisions of township ordinance. The employee's date of hire for the purposes of the township ordinance shall be the date of his or her initial employment with the Township of Old Bridge.
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 Township 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 Councilman Butler and so ordered on the following rolling call vote:
AYES: Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
President Baker opened the public portion on the Consent Agenda.
Ms. Linda Seiler: Opposed to displaying a banner with the words “One Nation Under God” outside the municipal complex.
Mr. Louis Valentino: Supports displaying a banner with the words “One Nation Under God” outside the municipal complex.
Mr. Reginald Springer: Opposed to displaying banner.
Ms. Anita Clavering: Supports displaying the banner and leaving the words “Under God” in the Pledge of Allegiance”.
Mr. Rao: Is concerned how the contract with Kenney & Kearney is being paid.
Attorney Convery: This will not cost the taxpayers, the money will be paid out of a fund from various insurance companies.
Route 18/County Road 516 and County Road 527 Public Portion.
Lucille Mendizza (22 Marsad Drive): I have questions with respect to the new overpass and the traffic light . There are more than thirty families that are going to be severely impacted by the light on the corner. Is there an alternative route or measures to be taken? Can't you think outside the box instead of putting the light there; instead of making Marsad Drive an extension of Rt. 516? Our properties are going to be devaluated; there will be noise and air pollution, and that is something that I did not bargain for.
Mr. Vincenti: The DOT has addressed certain roadways and Marsad Drive is one of them that are experiencing a high percentage of "cut through" traffic. There are not enough ramps at that intersection to allow people driving up Rt. 18 northbound to get directly to Rt. 516. There is a high volume of traffic that cuts through Marsad Drive. One of the purposes of the project is to add a new ramp directly from Rt. 18 north. The project will take traffic away from Marsad Drive.
Ms. Mendizza: I don't see how because people cut across Ferris Street and up Marsad. You will be eliminating one proposed light for the overpass, then you can make a right turn on to Rt. 516 East to the red light. You are going to have a bottleneck or worse. There has to be another alternative.
Mr. Vincenti: The traffic engineering reports indicate that traffic will utilize the new ramp and a significant number of traffic trips will be removed from Marsad Drive.
Ms. Mendizza: One of the things that you can do if you are going on to Rt. 18 North is to make a right on Ferris to Marsad Drive. If you have a "no right turn", that will be avoided. You have to make it difficult for the commuters to want to avoid the side streets. We have had a couple of accidents from speeders, and occasionally, we have had trucks knock out power by hitting the high tension wires. During the construction we are going to have more of a problem. People want to avoid lights. If you can avoid two lights and go up Marsad Drive, people are going to do that. If you can prevent traffic from making the right on Ferris, that might be one small deterrent for traffic going east on Rt. 516. There are a myriad of other suggestions that can be discussed.
Mr. Vincenti: We will convey that to the DOT.
George Kolacz (922 Englishtown Road): What is wrong with the Rt. 18 overpass bridge one we have now? I have lived on Englishtown Road for twenty-five years. The only accidents are caused by people going on to or off of the bridge and trying to get on Englishtown Road. (Accidents are not occurring) on the bridge. If the bridge is falling apart, replace it. Why are we ruining everyone's life in the neighborhood? What about a traffic light? We would have a buffer from the intersection. There is room for many lanes. Traffic will not be cutting through Marsad Drive.
Mr. Vincenti: The bridge is over forty years old and in need of rehabilitation. There are two missing ramp movements that do not exist now. The problem statements and solution study that the DOT undertook indicated were necessary to be added to make that a whole service interchange. Once you put the ramps in the geometric analysis requires a new alignment of the overpass. It is a combination of geometry to make it safe and also to address the fact that the bridge is forty years old and reaching the end of its service life. You indicated that one of your concerns is with respect to the quality of life of the residents. When the township first approached the state, they identified the fact that there was a high ratio of highway traffic going through the residential streets. What the two new ramps will do is to take that traffic out of the residential neighborhoods and put them on the ramps where they belong. This is a combination of trying to address the missing ramp movements and take the traffic that cuts through the neighborhoods and put it out where it belongs not impacting the residents. The project is geared to trying to address the quality of life issues to which you refer.
Mr. Kolacz: That will not work because when the ramp backs up to Rt. 18, the traffic will still cut through my street (corner of George and Englishtown). The proposal is to take seven feet of my property on Englishtown Road. I pick up litter from my front yard. What happens now? Will the litter end up on my front porch? Why do we need a deceleration lane from Englishtown Road on to an acceleration road on to Rt, 18? There are no other deceleration lanes on Rt. 18. Why on Englishtown Road? Why isn't the speed limit 25 m.p.h.? If this (road) is so dangerous, why hasn't the county done anything? They have put up traffic lights which instead of moving traffic on the weekend, there is now stopped traffic on Saturday and Sunday. I urge the council to turn this proposal down.
Betty Marantino (42 Farless Avenue): Farless Avenue is one of the streets on the new plan which is destined to become a dead end. The residents on Farless are for that; however, we want to let you know that if the fire department had a problem entering Rt. 18, the residents of Farless would like to give them the ability of coming down Farless. Perhaps there could be a gate. Our only concern is that we have two blind residents. There is a bus stop on Farless and Rt. 18. With the acceleration lane the bus is not going to stop. They are concerned that the bus stop will disappear. They would like it moved down toward the St. Thomas parking lot so that they could remove themselves from Rt. 18 and cut through the parking lot and get home safely. It took eighteen months to get that bus stop, and now they are concerned they will be back where they started. To go on to Rt. 18 with the additional traffic would be a hazard by them.
Mr. Vincenti: I spoke with Richard Diaz last week, and I am meeting with him tomorrow to discuss issues with respect to emergency vehicle access through these roads. Farless is one of the roads where we have identified where we would like the DOT to reevaluate emergency vehicle access. Hopefully, I will get good feedback from Mr. Diaz tomorrow to forward to the DOT. With respect to the bus stop, I will make sure that the DOT project engineers are aware, and through the design process, they will take that into account.
Jennifer Hornlein (847 Englishtown Road): I live on the exit ramp coming off Rt. 18 on to Englishtown Road where the speed limit is 25 mph. No one car travels at 25 mph. I leave my blinker off until I get to the Tile Place. I have been rear ended. I have been cursed at for turning into my own driveway. I have trouble with deliveries because if they miss my house, they have to go to East Brunswick do the loop and come back around. I am for the project; what you want to do in the area is good for me.
Harriet York (69 George Street): I am told that there is going to be a noise barrier erected on Rt. 18.
President Baker: The (erection of a) noise barrier has not been determined.
Ms. York: I oppose the proposed noise barrier.
Mr. Vincenti: The DOT has indicated that if the residents do not want the noise wall, one will not be constructed.
Ms. York: Did you have a petition?
Mr. Vincenti: We have not had a petition; however, one of the conditions of the resolution indicates that we want the DOT to evaluate that and reach out to the residents. If the consensus of opinion is that the homeowners don't want the noise barrier, then one will not be constructed.
Ms. York: I also don't want my street to be dead ended. I have a hard time entering Englishtown Road during the summer.
Mr. Wyler: I understand that the construction will start in 2006. How long will the construction last?
Mr. Vincenti: I have not gotten that answer from the DOT. Currently they are in the preliminary design state. DOT's objective is to get the federal and state financing in line. That is the purpose of the resolution so that the DOT can move forward to find the funds. In the future they will get into the heavy design of the project, and that will give us the construction time line. They are in the concept phase, and they have not looked into the phasing. One of the tricky aspects is the reconstruction of the bridge.
Mr. Wyler: Anyone who is coming northbound on Rt 18 will cut into the development and drive on Marsad once they realize they can avoid a traffic light. You might want to look at the possibility of making Ferris a one way out of the development. I am not sure what the impact would be of going into Southwood Drive, but that would eliminate the problem with Marsad.
Mr. Vincenti: Making Ferris a one way will force the residents to go north to Rt. 516 and then cut back south.
Mr. Wyler: If you are on Marsad, you can go to Rt. 516 down Marsad. I am referring to Ferris which is the cross street.
Mr. Vincenti: If you coming up Rt. 18 north, and you want to get into the Southwood development.
Seeing no hands President Baker closed the public portion.
BINGO/RAFFLE
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #169-04
WHEREAS, the following organizations have made application to hold, operate and conduct a Bingo/Raffle; said applications being in accordance with the statutes relating thereto:
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Old Bridge that the Clerk is hereby authorized and directed to issue to the applicants, the following licenses:
BA45-04 - Institute for Brain Injured Children RA46-04 Institute for Brain Injured Children RA47-04 - Institute for Brain Injured Children RA48-04 Robertsville PTA
RA49-04 - Robertsville PTA
Moved by Councilman Butler, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilman Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
RESOLUTION MEMORIALIZING REDUCTION OF PERFORMANCE GUARANTEE FOR TREASURE ISLAND SELF STORAGE
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #170-04
WHEREAS, Treasure Island Self Storage, located in Block 11232, Lots 6&8 in now seeking a release of the performance guarantee; and
WHEREAS, a bond hearing was held on March 1, 2004 at which time the Township Engineering Department and the Township Council were heard; and
WHEREAS, the Township Engineering has performed an inspection of the work done and finds that the bonded items have completed satisfactorily; and
WHEREAS, the Township Engineer recommends a 70% reduction of the performance guarantee as follows:
Performance Bond $530,514.00
This Reduction $364,359.80 (70% Reduction)
Bond Reduced to $156,154.20
Cash Deposit $57,835.00
Cash to be returned $40,484.50
Cash to be retained $17,350.50
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 for Treasure Island Self Storage be reduced by 70% and in accordance with NJSA 40:55D-53, 30% of the Performance Guarantee is retained to ensure final completion of the following bonded items:
1. The developer agrees to and shall provide a means of positive drainage along Route 34 where water accumulates and in the south west corner of the property.
2. The developer agrees to and shall replace the dead trees on the property.
Moved by Councilman Butler, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilman Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
RESOLUTION MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR PARKS EDGE
RESOLUTION #171-04
WHEREAS, Parks Edge comprises 9 single family homes and is located on the south side of Gordon Road near Cheesequake Village in Ward 1. The developer of Parks Edge is now requesting a release of the following performance guarantee; and
WHEREAS, the performance guarantee for this development was reduced by 50% in February, 2001 from $276,706.50 to $138,353.25
Performance Bond $124,517.92
10% Cash Deposit $13,835.33
Total $138,353.25
WHEREAS, a public hearing was held on March 1, 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 bonded items and finds that these have been satisfactorily completed subject to the conditions as set forth in his report of February 27, 2004.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the performance guarantee be released subject to:
1. Developers agrees to and shall comply with the posting of a Maintenance Bond in the amount of $41,506.00 (15% of $276,706.50 – Original Performance Guarantee).
2. Developer agrees to and shall supply a submission of “As Built” drawings
3. Developer agrees to and shall supply a submission of Letter of Compliance from Freehold Soil Conservation District.
4. Developer agrees to apply for Title 39 for Tudor Court through Traffic & Safety Division of Police.
5. Developers agrees to and shall pay the amount of $4,514.94 for the maintenance of the detention basin or formation of the Homeowners Association to maintain the detention basin.
Moved by Councilman Butler, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilman Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
CALVARY CHAPEL OF OLD BRIDGE TO ASSEMBLE AT LOMBARDI FIELD ON SUNDAY, APRIL 11, 2004 FOR AN EASTER SUNRISE SERVICE
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #172-04
WHEREAS, Calvary Chapel of Old Bridge has requested permission from the Township of Old Bridge to assemble at Lombardi Field on Sunday, April 11, 2004 at 6:15 a.m. for an Easter Sunrise Service; and
WHEREAS, the Township of Old Bridge wishes to comply with Calvary Chapel's request.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that permission for Calvary Chapel to assemble on Easter Sunday for their Sunrise Service is granted contingent upon their providing to the Township Clerk the following:
1. Written approval from the Board of Education allowing the use of Lombardi Field since it is the Board of Education's property.
2. Written approval from the Noise Officer authorizing placement of a sound system.
3. Parking attendants are needed so roadways and fire lanes are not blocked or obstructed.
4. All gates must be OPEN during the service.
Moved by Councilman Butler, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilman Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
RESOLUTION AUTHORIZING THE ON-LINE AUCTION OF SURPLUS PROPERTY OWNED BY THE TOWNSHIP OF OLD BRIDGE
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #173-04
WHEREAS, the Township of Old Bridge has video cameras and other assorted electronic equipment no longer needed for public use pursuant to NJSA 40A:11-36; and
WHEREAS, the Township of Old Bridge would like to participate in the Department of Community Affairs E-Procurement Pilot Program in order to sell said items; and
WHEREAS, the Township of Old Bridge would like to utilize the services of E-Bay to conduct the auction of these items at it site;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Director of Finance is hereby authorized to conduct an online sale of surplus municipal property no longer needed for public use.
Moved by Councilman Butler, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilman Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
RESOLUTION CONSTITUTING AN AGREEMENT WITH T-MOBILE STATE CONTRACT VENDOR
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #174-04
WHEREAS, the Township of Old Bridge as a contracting unit may without advertising for bids, purchase any materials, supplies or equipment under any contract or contracts for such materials, supplies or equipment entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury pursuant to the provision of NJSA 40A:11-12; and
WHEREAS, the Township Council of the Township of Old Bridge wish to evidence an agreement with T-Mobile through this Resolution and a properly executed purchase order, which Agreement shall be subject to all the conditions applicable to the State Contract; and
WHEREAS, the Township of Old Bridge desires to purchase cellular service;
WHEREAS, the Township Council of the Township of Old Bridge wish to authorize the Purchasing Department to purchase those services from an approved New Jersey State Contract Vendor;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that this resolution together with properly executed purchase order shall constitute and agreement between the Township of Old Bridge and the T-Mobile referenced State Contract Vendor subject to all conditions applicable to the current State Contract; and
BE IT FURTHER RESOLVED that the Township Council of the Township of Old Bridge hereby authorizes the Purchasing Department to purchase from an approved New Jersey State Contract Vendor, T-Mobile.
BE IT FURTHER RESOLVED by the Township Council of the Township of Old Bridge that pursuant to the rules of the Local Finance Board of the State of New Jersey no amount of this Contract shall be chargeable or certified, until such time as goods are ordered or otherwise called for prior to placing the order and a certification of available funds made by the Director of Finance upon receipt of a properly executed purchase order. The individual issuing the purchase order shall have the obligation of securing the necessary certification as to the availability of funds from the Director of Finance.
BE IT FURTHER RESOLVED that the duration of this authorization shall be until March 31, 2004.
Moved by Councilman Butler, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilman Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
RESOLUTION CONSTITUTING AN AGREEMENT WITH EAST COAST EMERGENCY LIGHTING, INC
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #175-04
WHEREAS, the Township of Old Bridge as a contracting unit may without advertising for bids, purchase any materials, supplies or equipment under any contract or contracts for such materials, supplies or equipment entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury pursuant to the provision of NJSA 40A:11-12; and
WHEREAS, the Township Council of the Township of Old Bridge wish to evidence an agreement with East Coast Lighting, Inc. through this Resolution and a properly executed purchase order, which Agreement shall be subject to all the conditions applicable to the State Contract; and
WHEREAS, the Township of Old Bridge desires to purchase equipment for police cars;
WHEREAS, the Township Council of the Township of Old Bridge wish to authorize the Purchasing Department to purchase those services from an approved New Jersey State Contract Vendor;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that this resolution together with properly executed purchase order shall constitute and agreement between the Township of Old Bridge and East Coast Emergency Lighting, Inc. referenced State Contract Vendor subject to all conditions applicable to the current State Contract; and
BE IT FURTHER RESOLVED that the Township Council of the Township of Old Bridge hereby authorizes the Purchasing Department to purchase from an approved New Jersey State Contract Vendor, East Coast Emergency Lighting, Inc.
BE IT FURTHER RESOLVED by the Township Council of the Township of Old Bridge that pursuant to the rules of the Local Finance Board of the State of New Jersey no amount of this Contract shall be chargeable or certified, until such time as goods are ordered or otherwise called for prior to placing the order and a certification of available funds made by the Director of Finance upon receipt of a properly executed purchase order. The individual issuing the purchase order shall have the obligation of securing the necessary certification as to the availability of funds from the Director of Finance.
Moved by Councilman Butler, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilman Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
RESOLUTION DESIGNATING AND APPOINTING KENNEY AND KEARNEY AS ATTORNEYS TO PROCESS AND INTERCEDE IN ENVIRONMENTAL APPLICATIONS RELATING TO THE SOMMER'S SITE
RESOLUTION #176-04
WHEREAS, the firm Kenney and Kearney has heretofore represented Old Bridge Township in certain environmental claims in longstanding litigation known as Sommers vs. Old Bridge; and
WHEREAS, the Sommers vs. Old Bridge case has been settled; and
WHEREAS, as part of the settlement, the Township will be submitting environmental applications to the New Jersey Department of Environmental Protection to permit the Two Hundred Thirty Four (234) acre Sommer site to be remediated.
WHEREAS, the firm Kenney and Kearney is particularly equipped to effectively represent Old Bridge in such matters and the firm has particular history with the Sommers case; and
WHEREAS, the funding of such services would be wholly from the assembled funding secured in the Township's action against its carriers; and
WHEREAS, no certification of availability of funds is necessary since the funding will come from such source; and
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey
1. The firm of Kenney and Kearney be and hereby is designated to carry on its representation of Old Bridge Township in connection with the Sommer's settlement documents and the plan for remediation of the Sommer's site.
2. A contract setting forth the term of such engagement shall be negotiated and executed but must contain specific language that all funding of this contract is to be made through the six million dollar ($6,000,000.00) settlement fund (approximately) assembled in connection with the settlement.
3. The Mayor, Clerk and Township Attorney be and hereby are authorized to execute any and all documents relating to the contract and engagement herein authorized.
Moved by Councilman Butler, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilman Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
RESOLUTION TO CHANGE ORDER #2 NUNC PRO TUNC FOR BLAISE BATKO, SCULPTOR, 9-11 MEMORIAL MONUMENT – FUNDED FROM DONATION ACCOUNT
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #177-04 TABLED
WHEREAS, the Township of Old Bridge has erected a 9-11 Memorial Monument; and
WHEREAS, it has been determined that the size of the base of the monument must be revised from 3' wide x 6' deep x 2' high to 3' wide x 6' deep x 8' high with angle cut at cost of $6,000.00; and
WHEREAS, the cost for a 16” x 24” black granite donor plaque also be included in Change Order #2
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 #2 in the amount of $6,500.00 be approved in the amount of $6,500.00 Nunc Pro Tunc and be funded from the donation account.
Moved to TABLE by Councilman Testino, seconded by Councilman Butler and so tabled on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, President Baker.
NAYS: Councilwoman Panos.
ABSENT: Councilman Calogera.
Prior to the vote the following discussion took place.
Councilman Testino: How much money is in the donation account?
Mr. Shah: I do not have the figure.
Councilman Testino: What are the plans for the rest of the money?
Mr. Vincenti: The committee was looking long term to link the sidewalk up to the library and also provide access to the arena parking lot.
Councilman Testino: Why did it take so long to get this paper work?
Mr. Vincenti: I think that there was additional paper work that needed to be followed up on.
Councilman Testino: Was the price negotiated when the change order was put in?
Mr. Shah: We will get these answers for you.
Councilman Testino: I would like to table this until then.
CONDITIONAL RESOLUTION SUPPORTING NJDOT
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #178-04
WHEREAS, the New Jersey Department of Transportation (NJDOT) has concluded that the intersection of Route 18/CR516 and CR527 is in need of rehabilitation and improvements; and
WHEREAS, these improvements are proposed in accordance with the new concept plan for the Route 18/CR516 & CR527 Interchange dated January 2004; and
WHEREAS, the Township Council is of the opinion that the public interest would best be served by the implementation of these improvements; and
WHEREAS, the Township Council encourages the New Jersey Department of Transportation to seriously consider the comments and suggestions received from the residents and staff of Old Bridge Township from several meetings dating back to 1999, and more recently in March 2003 at a community workshop and on January 22, 2004
NOW, THEREFORE, BE IT RESOLVED this 8th day of March 2004 by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey does hereby support the proposed improvements prepared by the New Jersey State Department of Transportation for the project known as Route 18/CR516/CR527 Intersection.
BE IT FURTHER RESOLVED that the Township Council requests that the NJDOT:
1. Further evaluate the need and design of sound wall barriers based on resident input.
2. Further evaluate the proposed impact of the dead-ending of Charles Street with an alternative of safely constructing the intersection of Charles Street and Marsad Drive.
3. Further evaluate the proposed impact of dead-ending of George Avenue and Farless Avenue at Route 18 based on input from the affected residents and emergency services personnel.
BE IT FURTHER RESOLVED that a true copy of this resolution be forwarded to the NJDOT for appropriate action.
Moved by Councilman Butler, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Butler, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSTAIN: Councilman Gillespie.
ABSENT: Councilman Calogera.
Prior to the vote the following discussion took place.
Councilwoman Panos: Why does this need to be done tonight?
Mr. Vincenti: I spoke to Fire Official Diaz and he was concerned about this resolution. After the meeting with him today he was comfortable with this resolution. He understands the process and the main purpose of this resolution, which is to get the state and federal funding in place for this project. The DOT asked for this resolution last year. I see no harm in this conditional support. resolution. If the DOT and the federal highway authority do not come up with the funding, it all becomes moot.
Councilwoman Panos: When will we have a final plan for this project? I am uncomfortable voting on something that is based on conditions.
Mr. Vincenti: If the council does not like the results of what the DOT comes back with, there will be numerous other times in the future where you can make those objections clear. If the council wants to adopt another resolution, they can. If the township does not want this project, the council is the body that conveys that message to the DOT.
Councilwoman Panos: Will they come back to us with exactly what they plan on doing?
Mr. Vincenti: Yes.
Councilwoman Panos: I want a guarantee that there will not be a wall.
Mr. Vincenti: If the township does not a wall, there won't be one.
Councilwoman Panos: Something has to be done on this road and I am comfortable that there is a “parachute” if we need to get out of this project. We need to do this now to secure the funding.
Councilman Testino: I would request that Mr. Vincenti forward the residents comments along with the resolution.
Mr. Vincenti: Yes I will – I will get them from the clerk when they are available.
Councilman Testino: I would also ask the we undertake a study to see whether or not making Ferris Street a one-way will be helpful to the residents.
Mr. Vincenti: I would ask the state to do that.
RESOLUTION SUPPORTING PROPOSED DRAINAGE IMPROVEMENTS ON JAKE BROWN ROAD AND ROUTE 9
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #179-04
WHEREAS, the New Jersey Department of Transportation (NJDOT) has concluded that the US Route 9 northbound jug handle at Jake Brown Road, MP 125.3 is in need of rehabilitation, and drainage improvements; and
WHEREAS, these improvements are proposed for US Route 9 MP 125.3 in the vicinity of Jake Brown Road in the Township of Old Bridge in Middlesex County; and
WHEREAS, two Officials Briefing Meetings were held on September 22, 2003 and November 24, 2003 with representatives of the NJDOT and members of the Township of Old Bridge Administration and professional staff; and
WHEREAS, the Township Council is of the opinion that the public interest would best be served by the implementation of these improvements; and
NOW, THEREFORE, BE IT RESOLVED this 8th day of March by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey does hereby support the proposed improvements prepared by the New Jersey State Department of Transportation for the project known as US Route 9 MP 125.3 Drainage Improvement Project.
BE IT FURTHER RESOLVED that a true copy of this resolution be forwarded to the NJDOT for their action and implementation.
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSTAIN: Councilman Gillespie.
ABSENT: Councilman Calogera.
CANCEL APPROPRIATION BALANCE FOR THE SPECIAL LEGISLATION GRANT – GEICK/VET
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #180-04
WHEREAS, the Special Legislative Grant Geick/Vet has a remaining outstanding balance; and
WHEREAS, it is necessary to formally cancel the outstanding grant balance listed below:
SPECIAL LEGISLATIVE – GEICK/VET - Appropriation $45.00
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the above listed grant totaling $45.00 be canceled.
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSTAIN: Councilman Gillespie.
ABSENT: Councilman Calogera.
RESOLUTION REGARDING THE PLEDGE OF ALLEGIANCE
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #181-04
WHEREAS, the Supreme Court of the United States of America may decide to review an Appeals Court decision to omit the words “Under God” from the Pledge of Allegiance; and
WHEREAS, the Township Council of the Township of Old Bridge has discussed this matter and is of the opinion that these words should not be omitted from the Pledge of Allegiance.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that it opposed to the removal of the words “Under God” from the Pledge of Allegiance.
IT IS FURTHER RESOLVED that a copy of this Resolution shall be forwarded by the Township Clerk to the Clerk of the Supreme Court of the United States of America.
Moved by Councilman Butler, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
Prior to the vote the following discussion took place.
Councilman Maher: This is just our way of showing that “Under God” should remain in the Pledge. We are not singling out one religion. The oath of Allegiance that the Mayor, Pat Gillespie, Ed Testino and myself reaffirmed in January ended in saying “So help me God”. It is my personal belief that we are one nation under God. Old Bridge is a strong spiritual ties, we just honored tonight Holy Redeemer's 20th anniversary. If you drive around Old Bridge on any day of worship you will see that the congregations and churches are full.
RESOLUTION FOR BANNER REGARDING THE PLEDGE OF ALLEGIANCE
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #182-04
WHEREAS, the United States Supreme Court may review an Appeals Court decision to remove the words “Under God” from the Pledge of Allegiance; and
WHEREAS, the Township Council of the Township of Old Bridge wishes to show its support for the retention of the words “Under God” in the Pledge of Allegiance; and
WHEREAS, there has been a request to show support for the present Pledge of Allegiance by displaying a pennant stating “One Nation Under God” at the Municipal Complex.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that it hereby supports the display of a pennant stating “One Nation Under God” at the Municipal Complex and requests that the Township Administrator obtain and display said pennant.
Moved by Councilman Butler, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
Prior to the vote the following discussion took place.
On behalf of the St. Bernadette's Knights of Columbus Mr. Edward Marks presented Mayor Phillips with a banner reading “One Nation Under God” to be flown under the American Flag at the Municipal Complex.
Mayor Phillips stated that there would be a ceremony on Saturday, March 13, 2004 at 10:00a.m. and open to the public.
DISCUSSION
Municipal Employees Insurance relating to Domestic Partnership Act. (Update from Personnel Director).
Mr. Shah: Ms. Rosenbaum is on vacation but she has provided a report to the council.
Councilman Maher: We have been told that the price tag is $35,000.00 to add this to our policy.
Mr. Shah: Correct, it is for one of the employee policies, it is not for all the other group policies. This particular policy will have an additional $35,000.00 premium – it is a 1% surcharge.
Councilman Maher: When are the health care contracts up for renewal?
Mr. Shah: I think it is October.
Councilman Maher: Has the attorney had a opportunity to review the recent law in New Jersey?
Attorney Convery: There is a domestic partnership act and I understand that it goes into effect in July 12th. It gives health and pension benefits to state employees, it provides for the municipality to decide by resolution, whether or not to extend those benefits. I haven't had an opportunity to find out why the figure is $35,000.00. This would apply to domestic partners which would include people over 62, male and female who choose to live together but are not married. It is wide spread as to who it could affect. It is my view that we may need additional information on why it is costing $35,000.00.
Councilman Maher: Does this need to be done by resolution?
Attorney Convery: My preliminary review of this indicated that the state said it should be approved by resolution. As you know, under the Faulkner Act there are some exceptions concerning who has the opportunity to act on this, the governing body or the administration.
Councilman Greene: The Personnel Director was here several weeks ago and indicated that it would be $35,000.00 in order for the township to purchase a rider to offer this insurance. In addition to that there would be a cost, per individual, who takes part in this – so there are additional costs. I don't want to debate this issue on the merits of its costs, but several weeks ago we questioned paying $500.00 a month for water. This is an expense that the township needs to explore. I personally feel that this is a challenge to the current institution of marriage and I will not support it.
Councilwoman Panos: There is an executive order on nepotism that excludes domestic partners. If we exclude them and not include them in the health benefits, could we vulnerable to a lawsuit?
Attorney Convery: I believe that the Executive Order refers to a life partner. I would have to review the order in relationship to the state law before I give you an answer.
Councilman Gillespie: Would the $35,000 be per plan or for every employee in the township.
Mr. Shah: The amount came from the surcharge on the policy that covers the employee. There are several different policies and several different groups. If we were to ask other insurance carriers there could be additional surcharges. One of the things that the insurance company indicated was that even if we have a simple coverage in dental or prescription, the entire policy will increase by 1%. So, yes there could be additional costs beyond the $35,000.00
Councilman Gillespie: So it could be $35,000.00 per policy and we have many policies. I am someone who supported the domestic partnership law and I have some sympathy, however, I do believe that the cost is an important issue. While we are not required to provide these benefits I do think that we should fully explore providing them. I think we need to question to cost for one additional employee could cost more then the individual employee. It is inconceivable, and unreasonable to me that this would generate a $35,000.00 cost. I think that we need to question all the carriers and see how this generates a $35,000.00 charge. We spend a lot of money on township health benefits – the bulk of the costs are personnel issues. I think it is unreasonable for any insurance company to tell us that they are going to sock us with a 1% charge on the entire premium when all we wanted to do is add people who can be reasonably classified as dependents. If for some reason that we can't resolve this by July we can try and work to come up with a policy that is fair and equitable not only to the employees but also the taxpayers.
Councilman Testino: I agree with Mr. Gillespie that the economics with the insurance company needs to be worked out. Suppose that we grant these rights and the partnership dissolves, is there a way to handle that?
Attorney Convery: The law does set out provisions regarding how to dissolve that once the affidavit is in place. In your packet there is a statement regarding the law. The state has indicated that you would “provide the benefits if the employer adopts a resolution”.
Councilman Testino: I am generally supportive of this and I would like to see the questions answered and do it in a timely fashion.
Councilman Butler: What are the additional costs for?
Mr. Shah: The 1% surcharge is for the rider for the domestic partner coverage. If the employee is currently receiving benefits for a single or parent/child and it was now changed to a family coverage there will be an additional charge, which is not as significant as the rider cost.
Councilman Butler: What is the bottom line cost?
Mr. Shah: We do not have that yet.
Councilman Butler: I will support this whenever every thing is resolved.
Councilman Maher: It is my belief that we should be doing this. The private sector has been offering these extending health care benefits for many years. I have always questioned the $35,000.00 price tag, it does not make sense. Whenever a married couple has a child it doesn't cost $35,000.00 – the numbers don't add up. This is something that we should be doing for the individual and I think we need to look at what towns in New Jersey have already done this. We need to look at the policies that they have sold the township. I know that Maplewood and South Orange have Blue Cross/Blue Shield. I will support this when it comes up for a vote.
Councilwoman Panos: I will support this also. I don't think this is a moral issue, if there was a single person who had a child, the child would automatically be covered. I hope that we can get moving on this.
Councilman Volkert: Does this have to passed by resolution or can this be negotiated by the unions?
Attorney Convery: The materials provided to me by the personnel department includes a hand out from the state that indicates the township would do this by resolution. I will look into this further to see if under the Faulkner Act whether or not that is required. I will report back at the next meeting.
Councilman Volkert: I just feel that since this is tax payer money that is being expended it should be a negotiated item.
President Baker: I have learned that there are always different opinions and you need to respect all of them. I have a book that has all the companies that do offer this. This is one of the reasons that I became involved in politics – to do what is right. To be very clear, I support municipal employees insurance relating to domestic partners. I ask the attorney to prepare a resolution so that we can adopt it.
Public Comments
Linda Seiler: I believe that people can recite the pledge with the words “Under God” and still be patriotic. I would rather see those words removed. When will the minutes for February 23, 2004 and March 1, 2004 be approved?
Deputy Clerk Ward: I cannot give you an exact date. The girls have to type them up and they have to be proof read and then the council approval. There are other things that we do in the office, we do not solely work on minutes. Sometimes, it does taken longer, given the length of the meetings.
Ms. Seiler: I want the attorney's interpretation of what promptly means.
Attorney Convery: Promptly would mean that it is done in the normal course of business and done as quickly as reasonably possible under the circumstances. If they were to say it would take five months, that would be unreasonable. I don't think they can promise you three days either. I think promptly cannot easily be defined. I will find out if this has been interpreted by the state and whether or not a ruling has been made.
Ms. Seiler: I am having trouble finding the public places where the agenda is being posted. Where is the bulletin board?
Deputy Clerk Ward: There is a bulletin board in the clerk's office and one at the library.
Ms. Seiler: I haven't been able to find anything.
Deputy Clerk Ward: What exactly are you looking for?
Ms. Seiler: I am looking for the posting of what the meeting is going to be about – at least 48 hours in advance and the agenda. It is not in the library.
Deputy Clerk Ward: It is posted on the website.
Ms. Seiler: The sunshine law talks about a physical place.
President Baker: Why don't you make an appointment with the clerk so you know exactly where it is.
Ms. Inell Springer: The lights are still not fixed at the Ernston Road Park & Ride. There seems to be more lights out now. Those lights need to be fixed.
Mayor Phillips: I had a meeting with representatives from JCP&L and they told me to call them if there was anything that we needed them to do. Please call my office tomorrow and tell my assistant the specific lights and we will test JCP&L and see how good their word is.
Mr. Valentino: To the mayor: Have we had any requests for same sex marriages in Old Bridge and if there are any, what is you position?
President Baker: We have not and we support the states position.
Mr. Valentino: What is the state's position?
President Baker: You know what it is.
Mr. Valentino: No, I don't.
President Baker: We support the constitution and the domestic partners act – not as a husband and wife. A husband and wife as per the constitution is between a man and woman.
Mayor Phillips: I have had no requests.
Mr. Reginald Springer: Motorist drive along the shoulder on Inverness Drive and Route 9 – is this legal?
President Baker: No.
Mr. Springer: Is the domestic partnership act a code word for something else. Does this cover same sex partnerships.
President Baker: What we are attempting to do is cover all our employees equally, there is nothing hidden.
Mr. Springer: Does this include same sex arrangements?
President Baker: Yes.
Mr. Springer: I heard an impassioned plea about the words “One Nation Under God” by the same people who are now supporting this. It will be upsetting to me to see that banner displayed. When ever someone of authority starts talking about God, look out because there is a hidden agenda. I would prefer not to say “One Nation Under God” but to act it out.
Seeing no hands President Baker closed the public portion.
MOTION
to adjourn at 10:15p.m. by Councilman Testino, seconded by Councilman Maher and so ordered on an all aye vote.
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William Baker, Council President
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Rose-Marie Saracino, Township Clerk
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