Old Bridge Township, New Jersey - May 24, 2004 Minutes

A combined meeting of the Township Council of the Township of Old Bridge was held on May 24, 2004 at the Municipal Complex. The meeting was called to order at 8:00 p.m. by President Baker who asked all present to participate in a salute to the flag which was followed by a short prayer.

Moment of Silence

President Baker requested a moment of silence for the Armed Forces serving abroad and at home.

Councilwoman Panos requested a moment of silence in remembrance of deceased resident Joseph Pagnotta.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Monday, June 14, 2004 at 7:30 p.m.

Roll call by Deputy Clerk Ward showed the following council members answering present: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.

RESOLUTION NO. 304

APPROVAL OF MINUTES

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

The following minutes are hereby approved:

May 3, 2004 - Agenda/Executive

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

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

NAYS: None.

RESOLUTION NO. 305

BILL LIST

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

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

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of al 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 May 24, 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 May 24, 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 $3,129,589.38 (Accounts Payable).

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

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

NAYS: None.

RESOLUTION NO. 306

BILL LIST

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

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

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

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

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

NAYS: None.

RESOLUTION NO. 307

BILL LIST

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

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

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

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

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

NAYS: None.

Report of the Clerk.

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

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

DOGS
2388-2547 1,261.00

CATS
8-132 875.00

LICENSES
Limousine
394-399 Longo Limousine 300.00
404 Khan 50.00

Sale of Flowers
362 Sunni Calsetta 150.00

Ice Cream
401 O'Hearn 25.00
402 Sanchez 25.00
408 Lopez 25.00
405 Frederico 25.00

Hot Dog
403 Don's Dogs 50.00
382 Scarpani 50.00
379 Chapman 50.00
377 Rocha 50.00
800.00

BINGO/RAFFLE
RA 63-04 St Lawrence Church 10.00
10.00

LIQUOR LICENSE
Transfers
1209-33-022-008 Ruby Tuesday's Person to Person transfer 227.03
1209-22-005-010 Old New York – Place to Place transfer 227.03

Renewal
1209-33-005-010 Old New York 2,270.30
1209-33-032-005 TGI Fridays – Briad Rest. Group 2,270.30
1209-31-040-001 Madison Park Fire House 180.00
5,174.66

PARKING PERMITS
#1759-1793 ( Permits) 675.00
#1768, 1769, 1771, 1777, 1778,
1785,1789 replacements 35.00
1767 voided

Temporary Permits
404-407 20.00
730.00

MISCELLANEOUS
Photocopies 61.50
Late fee – DOG 595.00
656.50

TOTAL $9,507.16

Motion

to accept the Report of the Clerk made by Councilman Butler, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

Preliminary public comments.

Ms. Clavering: Addressed the council with respect to the status of the poet laureate and expressed her concern that someone be selected in the near future.

President Baker: We will send you our latest correspondence from the library board with its recommendation.

Hearing

1. Highview Estates Sections I, II and III.

Deputy Clerk Ward announced that this hearing would not occur at this meeting. No date has been set for a future hearing.

Preliminary public comment (cont'd).

Toni Pietropollo (61 Joy Lane): We have been trying to get Joy Lane paved with stone so that the residents can drive on the road without any problems. Several residents have health ailments, and an emergency responder would have a very difficult time traveling on that road.

President Baker: You will receive correspondence from the Township of Old Bridge within two weeks.

Councilman Greene: This was a concern of Councilman Cucchiara. This area is now in Ward V, and I would be glad to work with the township officials to see what we can do.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE No. 15-04

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE, IN THE COUNTY OF MIDDLESEX, OF NEW JERSEY, APPROVING AND AUTHORIZING THEENTERING INTO, EXECUTION AND DELIVERY OF A LEASE AND AGREEMENT WITH THE MIDDLESEX COUNTY IMPROVEMENT AUTHORITY RELATING TO THE ISSUANCE OF COUNTY-GUARANTEED CAPITAL EQUIPMENT LEASE REVENUE BONDS, SERIES 2004 OF THE MIDDLESEX COUNTY IMPROVEMENT AUTHORITY

WHEREAS, the Middlesex County Improvement Authority (the "Authority") is authorized to issue its bonds pursuant to the provisions of the County Improvement Authorities Law, chapter 183 of the Laws of New Jersey of 1960, as amended and supplemented (N.J.S.A. 40:37A-44 et seq.) (“County Improvement Authorities Law”), and other applicable provisions of law; and

WHEREAS, the Authority has determined to issue its revenue bonds for the purpose of financing the acquisition of capital equipment for the purposes of leasing the same to various municipalities located in the County of Middlesex in the State of New Jersey (the "2004 Program"); and

WHEREAS, the Township of Old Bridge, in the County of Middlesex, State of New Jersey (the "Municipality") has determined to participate in the 2004 Program and to lease certain capital equipment from the Authority; and

WHEREAS, there has been prepared and submitted to the Municipality the form of the Lease and Agreement (the "Lease"), to be entered into by and between the Authority and the Municipality, which Lease has been approved by the County of Middlesex, State of New Jersey (the "County") and which is on file with the Township Clerk as Exhibit A, providing for the acquisition and leasing of certain Items of Equipment from the Authority, which Equipment is described in Exhibit B attached hereto and incorporated by reference herein. All terms used herein and not otherwise defined shall have the same meanings ascribed to such terms under the Lease.

NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE GOVERNING BODY OF THE TOWNSHIP OF OLD BRIDGE, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS:

Section 1. Pursuant to section 78 of the County Improvement Authorities Law, N.J.S.A. 40:48-1 et seq., the Municipality is hereby authorized and directed to enter into and perform the Lease, which Lease provides for the leasing of certain Items of Equipment acquired with the proceeds of County-Guaranteed Capital Equipment Lease Revenue Bonds, Series 2004 (the "Bonds") to be issued by the Authority under a resolution of the Authority to be adopted by the Authority entitled, "Resolution of the Middlesex County Improvement Authority Authorizing the Issuance of County - Guaranteed Capital Equipment Lease Revenue Bonds" (the "General Bond Resolution"). The Lease, in substantially the form submitted herewith in Exhibit A (a copy of which is on file in the office of the Clerk of the Municipality), is hereby approved with such changes, amendments or modifications as may be approved by counsel or bond counsel to the Municipality and bond counsel to the Authority and the County.

Section 2. The full faith and credit of the Municipality are hereby pledged to the punctual payment of the obligations set forth in the Lease authorized by this ordinance, including without limitation, (i) all Basic Rent and Rent obligations of the Municipality under the Lease including, Authority Administrative Expenses and Additional Rent, (ii) all amounts due and owing to the County as a result of payments made by the County on behalf of the Municipality under the Lease pursuant to the County Guarantee, including County Guarantee Costs and (iii) all direct and indirect costs of the Authority and the County related to the enforcement of the Lease and the County Guarantee ((i), (ii) and (iii) collectively, the "Lease Payment Obligation"). The Lease Payment Obligation under the Lease shall be a direct, unlimited and general obligation of the Municipality, not subject to annual appropriation by the Municipality pursuant to the County Improvement Authorities Law, and unless paid from other sources, the Municipality shall be obligated to levy ad valorem taxes upon all the taxable property within the Municipality for the payment of the Lease Payment Obligation thereunder without limitation as to rate or amount. The Mayor or other Authorized Municipal Representative (as defined in the Lease) is hereby authorized and directed to execute the Lease on behalf of the Municipality in substantially such form as on file in the Township Clerk's office in Exhibit A, and the Clerk of the Municipality is hereby authorized and directed to attest to such signature and affix the seal of the Municipality thereto and the Lease is authorized to be delivered to the Authority. All representatives, officials and employees of the Municipality are hereby authorized and directed to enforce and to implement provisions of the Lease.

Section 3. The following additional matters are hereby determined, declared, recited and stated:

(1) The maximum Lease Payment Obligation for which the Municipality shall be obligated hereunder, which, inter alia, will be used for the payment of principal of and interest on the Bonds of the Authority shall not exceed the sum necessary to (a) acquire the Municipality's Equipment described in Exhibit B which will be subject to the Lease, (b) pay interest on the Authority's Bonds allocated to the Municipality and used to acquire the Municipality's Equipment, and (c) pay the Municipality's share of the costs of issuance, Authority Administrative Expenses, Additional Rent, County Guarantee Costs and all other amounts required to be paid by the Municipality under the Lease.

(2) The Bonds shall mature within fifteen (15) years from the date of issue.

(3) The Lease Payment Obligation authorized herein shall remain effective until all the Authority's Bonds shall have been paid in full in accordance with their terms and/or when all obligations of the Municipality under the Lease have been satisfied, notwithstanding the occurrence of any other event, including but not limited to the termination of the Lease with respect to some or all of the Items of Equipment leased thereunder.

(4) The Items of Equipment described in Exhibit B are hereby approved to be leased from the Authority in accordance with the terms of the Lease, with such changes, amendments or modifications as may be approved by counsel or bond counsel to the Authority.

Section 4. To the extent the Municipality is an “Obligated Person” (as defined under the Rule (as hereinafter defined)), the Municipality hereby agrees to comply with the requirements of Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended and supplemented, including the secondary market disclosure requirements contained therein, and agrees to covenant to such compliance in the Lease. The Mayor, Clerk, Chief Financial Officer or other Authorized Municipal Representative are each hereby authorized and directed to execute and deliver a Continuing Disclosure Agreement, approve and "deem final" the Official Statement of the Authority and the preliminary form thereof to the extent the information contained therein relates to the Municipality and to execute and deliver all certificates, documents and agreements to the Authority in connection therewith and to file budgetary, financial and operating data of the Municipality on an annual basis and notices of certain enumerated events as required to comply with and in accordance with the provisions of the Rule.

Section 5. The Mayor, Clerk, Chief Financial Officer or Authorized Municipal Representative are each hereby authorized and directed to execute and deliver any and all certificates, documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the execution and delivery of the Lease, the leasing of the Equipment which is to be the subject of the Lease and all related transactions contemplated by this ordinance.

Section 6. Upon the payment of all amounts referenced in Section 3(3) herein, the full faith and credit pledge of the Municipality as to its Lease Payment Obligations authorized herein shall cease to exist.

Section 7. The provisions of this ordinance are severable. To the extent any clause, phrase, sentence, paragraph or provision of this ordinance shall be declared invalid, illegal or unconstitutional, the remaining provisions shall continue to be in full force and effect.

Section 8. This ordinance shall take effect twenty (20) days after final adoption and publication in accordance with applicable law.

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

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

NAYS: None.

Exhibit B of Ordinance 15-04

Township of Old Bridge
SFY 2004 MCIA Request

Department Qty Description Est Cost
Engineering 1 4WD SUV Vehicle 17,500.00
Information Computer Software License 15,000.00
Information File Server Backup System 14,000.00
Information Mobile Units for Police Patrol Cars 70,000.00
Information Networking Technology:Internet 15,000.00
Information Networking Technology: Police vs Admin 12,000.00
Information Networking Technology: Link Patrol Cars to HQ 10,000.00
Information Computers 15,000.00
OBTV 14 3 Panasonic Digital Field Cameras 11,410.00
OBTV 14 1 Echolab 16 input Digital Switches 33,090.00
OBTV 14 1 Digital Audio-Mixer w/Limiter,Peripherals,Cabling 12,551.00
OBTV 14 1 Digital Video Player/Recorder & Edit Controller 6,846.00
OBTV 14 1 Teleprompter 6,846.00
OBTV 14 1 Leightronix Pro16 Event Controller 5,705.00
OBTV 14 2 DVD Players 2,282.00
OBTV 14 1 DVD Copier 2,282.00
OBTV 14 Workstation to Organize Equipment 7,987.00
Police Workstations 50,000.00
Police 1 Down Draft Fingerprinting Station-ID Bureau 3,549.00
Police 1 Id-Bureau-Heppa Filter&Particulate Prefilter
for Fingerprinting Station above 848.00
Police 1 ID-Bureau – Thumbprint Scanner 1,895.00
Police 6 Radars 11,250.00
Police 3 4X4 Drive Vehicles 84,300.00
Police 10 General Purpose Cars 210,000.00
Police 10 Marked Police Cars 300,000.00
Public Works 5 Pick-Up Trucks w/Snow Plows & Salt Spreaders 175,000.00
Public Works 1 Utility Truck w/ Jackhammer&Compressor 50,000.00
Recreation 1 Commercial Dishwasher – SR. Center 2,000.00
Recreation Fireproof Cabinet for Register Files 5,000.00
Administration 1 Mail machine 23,000.00

TOTAL MCIA REQUEST $1,174,341.00

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

Councilwoman Panos: What is the annual debt service?

Mayor Phillips: We won't know what the debt service is going to be until the time that the bonds are issued and at what interest rate we get.

Councilwoman Panos: We are bonding for over $1 million, and we don' t know how much this will cost annually.

Ms. Turchan: We sent you a memo with the estimated debt service on April 7, and you had the debt service for the bonds that we have issued for 2004, and the MCIA bonds were included in this also. It [the debt service] is approximately $200,000 per year.

Councilwoman Panos: That is a lot of tax dollars. This is a wish list.

Mayor Phillips: This was all approved at a workshop session. Nothing was not unanimously supported by this council's capital project workshop session.

Councilwoman Panos: Is there a replacement plan for the police cars? There are twenty police vehicles and three 4 X 4's.

Mayor Phillips: This was discussed at the agenda session. Chief Collow would be happy to do this, but I saw the cars that were being replaced. For every car that we purchased, one will come off the road. Ten of the cars are greater than ten years old (detective cars), and most of the cars in the patrol division have over 100,000 miles on the odometer. In the past couple of years there has been no money budgeted for the replacement of police cars. The only new cars in the system were four cars that were purchased through funds that were placed in the trust for us. In the previous budgets of this council no money was appropriated to buy new police cars. That is the reason why we are on this three year plan of buying them now and paying them off over three years.

Councilman Testino: I concur with the mayor in that we have not bought cars on a regular program since about three years ago, and that was only five [cars]. I advocate getting back to the program that we had in town, and that was to purchase replacement vehicles annually so that we are not in this desperate situation wherein floor boards are rotting out in the ten year old cars. I don't want to do it this way either, but I don't see much option. In the future I would hope that Councilwoman Panos would support me in my prior request, which I will renew this year, and that is to have an annual replacement program.

Councilwoman Panos: Do we have a program in replace?

Mayor Phillips: The answer is "no". What you see here is a plan put together by the chief and his administrative staff as to what we can do now to ensure the safety of the division. I suspect that next year at the capital planning that the decision will be made as to whether to continue the capitalization of this equipment, or whether you want to incorporate this into the budget. Every $300,000 is another penny. If it is the council's choice to appropriate money in a budget line item, that is a decision that you can make at the budgetary time. For some reason there was not an appropriation made in the budget for the purchase of new cars. I would be happy to entertain that [replacement] plan when we present the budget. The immediate need is to provide cars for the officers. I would not want to be reliant upon someone coming to my aid in a car that is over ten years old with over 150,000 miles on it.

Councilwoman Panos: I am aware that we are in dire need of police cars; however, $200,000 annually is a lot of money to be in debt, and I would hope that Councilman Testino and others would support to have a plan in place to do this.

Mayor Phillips: At the budget time I am sure that the chief will submit a request to incorporate a certain number of police cars into his budget. At that time we can make a decision as to whether you want to add that money into the operating budget. In the past an appropriation was not made.

Councilwoman Panos: OBTV 14 is spending a lot of money also. It appears that [the equipment] is top of the line. I question if all this is needed. I hope that we get a plan in place.

Mayor Phillips: I found out that you have to rely on the people around which you surround yourself. This was a suggestion made by our volunteers and our semi-professionals from the TV station. It was something that was discussed at the capital meeting and approved unanimously. Most people in Old Bridge receive their information not by attending council meetings, but by watching our local television stations. The equipment being installed today is a product of the Cablevision settlement. This is equipment that has come through them. In order to make the best presentation and to ensure that the people of Old Bridge get as much information as they can, this is the type of equipment being recommended.

I have seen remarkable things and what can be used by a TV station, and I am for anything that helps the public become better informed. You may think that this equipment is at the top of the line, but at the time it was purchased, we will have the opportunity to scrutinize and make sure that the money is being spent wisely. Nothing that you see in this capital bond ordinance for funding through the improvement authority is nothing that was not approved by you, this council, unanimously some months ago.

Councilman Testino: This is not the first time the TV station has asked for money, and we have discussed this at length in the workshop. The TV station has been asking for this equipment for years, and for years we have put this on the back burner. With the number of complaints that I have received, and whether it is audio and/or visual problems with the station, our program is not getting out there, and community access is being denied. We cannot have it both ways. You can't complain about community access, and then not support the TV stations. It is their time; they have waited at least six years with Gene's request being denied year after year. It makes sense to do the equipment all at once when we are getting the settlement from Cablevision to have the whole system upgraded at the same time.

Councilman Gillespie: In 1992 we faced a similar situation. We had a period of time when there was not a regular vehicle rotation policy; there was not the regular purchase of several vehicles each year. In 1993 we had to go out to the market for a large number of cars. When the prior administration is on its way out the door, they fail to take care of long-term obligations. It is unfortunate, but appears to be what happened here. This form of financing with the MCIA is probably the cheapest money around and the best way for us to do it. This will give us the impetus to start that rotation policy so that every year we are going to be buying a certain number of cars. I do think that we need to look at vehicles for certain functions that may be cheaper than the cars that we buy now. A Crown Victoria is the car that we use from Ford; however, I see police departments in other communities that use Chevy Impalas and other smaller vehicles that are cheaper up front.

Councilman Calogera: What is the term of the bond?

Ms. Turchan: Some of the equipment is five years; others is three. This is part of the county bond.

Councilman Calogera: Will we be paying different amounts during different years?

Ms. Turchan: Yes. What I gave you is the principle because we don't know what the amount of interest is.

Councilman Gillespie: The county is going to aggregate. This is a lease obligation on our part. What the MCIA does is aggregate all the lease obligations; they go to the market to price out the bonds and assign an interest rate to it. In addition to what the principle is, we will get some number later as to what our interest rate is based on our leased obligations.

Councilman Calogera: Will we retire these bonds in three years?

Mayor Phillips: The first payment is due ten months from the date of issuance.

Councilman Calogera: That comes out to four cents worth of bonding.

Mayor Phillips: Not four of our cents each year.

Councilman Calogera: Not each year, but over the life. I was trying to break down what our costs are going to be.

Councilman Gillespie: You might want to look at what our nut is each year as opposed to what our total aggregate nut is unless you wanted to pay cash. You would then look at the aggregate. Our nut will be $200,000.

Councilwoman Panos: I understand the need for these vehicles, but do the mobile units have computers in the cars? That is long overdue.

Councilman Greene: The reason for this is that normally when we buy police cars, we pay for them up front. There have been times when this would cost $500,000 in the budget. By doing it this way the cost is spread over a certain period of time. That is the advantage of this. I think that this is going to be more than $200,000 because when you start considering the interest and when you have items that are going to be paid for over three years and five years, I would say that it is going to be $225,000.

Vice President Gillespie opened a public portion. Seeing no hands Vice President Gillespie closed the public portion.

Consent Agenda

RESOLUTION NO. 308

BINGO/RAFFLE

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

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

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

RA 64-04 - St. Ambrose
RA 65-04 - St. Ambrose
RA 66-04 - Laurence Harbor Fire Co.
BA 25-04A(A) - Jewish Community of Madison Township

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

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

NAYS: None.

RESOLUTION NO. 309

GRANTING PERMISSION FOR A BLOCK PARTY CALVIN COURT

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

WHEREAS, the residents of have requested permission to close Calvin Court at the intersection of Hastings Road/Cindy Street /Creighton Circle for the purpose of a block party to be held on June 26, 2004.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions.

It is a requirement of this approval that you must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Clerk's office before Council approval.

It is a requirement of this approval that Calvin Court be completely closed to vehicular traffic from the intersection of Hastings Road/Cindy Street/Creighton Circle. This closing must apply also to the residents' vehicles as well as other vehicles. You will be responsible for making provision to have the roadway blocked, making sure that there is access for residents to enter and depart as they desire. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant).

The party must end and the streets reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

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

NAYS: None.

RESOLUTION NO. 310

AUTHORIZING WAIVER OF PERMIT FEE FOR INSTALLATION OF STORAGE BUILDING FOR THE CHEESEQUAKE VOLUNTEER FIRE COMPANY

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

WHEREAS, the president of the Cheesequake Volunteer Fire Company has requested that the permit fee be waived for installation of a storage building at the rear of its Rt. 34 firehouse; and

WHEREAS, the fee for this permit is $20.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the zoning permit fee of $20.00 be waived.

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

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

NAYS: None.

RESOLUTON NO. 311

APPROVING A BUDGET TRANSFER IN THE AMOUNT OF $100,000

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

WHEREAS, it has become necessary to expend for various purposes which are specified in the budget, an amount in excess of the respective sums appropriated therefore; and

WHEREAS, there is an excess in certain other appropriations which are specified in the budget which are legally available for transfer; and

WHEREAS, under the provisions of R.S. 40A:4-58 during the last two months of the fiscal year, the governing body has the authority to transfer the amount of such appropriations as may be deemed to be in excess to such appropriations as may require it.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the transfer in the amount of $100,000 be made between the current SF 2004 budget as follows:

General Account

Department From To

Employee Termination - Other Expenses $100,000.00
Private Community Reimbursement -
Other Expenses $45,100.00
Purchase of Police Cars - Other Expenses $54,900.00
$100,000.00 $100,000.00

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

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

NAYS: None.

RESOLUTION NO. 312

APPROVING DESIGN OF PUBLIC IMPROVEMENT (Road Resurfacing Contract No. 04-10)

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

WHEREAS, the use of model design immunity resolutions will assist Central Jersey Joint Insurance Fund in defending the Township of Old Bridge and helps strengthen design immunity in the event a claim is made against the Township of Old Bridge resulting from the construction of a public improvement.

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 of Old Bridge hereby adopts the following model design immunity resolutions to be used in connection with the construction of public improvements.

TOWNSHIP OF OLD BRIDGE
RESOLUTON APPROVING DESIGN OF PUBLIC IMPROVEMENT

WHEREAS, the Township of Old Bridge proposes to undertake construction of a public improvement within the municipality referred to as 2004-2005 Road Resurfacing Contract No. 04-10; and

WHEREAS, the Township of Old Bridge has caused a plan or design for the aforementioned improvement to be prepared; and

WHEREAS, the governing body has reviewed the aforementioned plan or design and exercised its judgment and/or approved the judgments of others as represented by the plan.

NOW, THEREFORE, BE IT RESOLVED that the Township Clerk of the Township of Old Bridge, County of Middlesex, State of New Jersey does hereby approve the Specification entitled "2004-2005 Road Resurfacing Contract" dated May, 2004 and prepared by John P. Vincenti, P.E., P.P. for a certain public improvement generally described as 2004-2005 Road Resurfacing Contract No. 04-10; and

BE IT FURTHER RESOLVED that a certified copy of this resolution shall be placed in the permanent project file together with one copy of the plan referred to above with a notation referring to the resolution of approval placed thereon.

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

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

NAYS: None.

RESOLUTION NO. 313

APPROVING DESIGN OF PUBLIC IMPROVEMENT (Curb Replacement Contract No. 04-11)

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

TOWNSHIP OF OLD BRIDGE
RESOLUTON APPROVING DESIGN OF PUBLIC IMPROVEMENT

WHEREAS, the Township of Old Bridge proposes to undertake construction of a public improvement within the municipality referred to as 2004-2005 Curb Replacement Contract No. 04-11; and

WHEREAS, the Township of Old Bridge has caused a plan or design for the aforementioned improvement to be prepared; and

WHEREAS, the governing body has reviewed the aforementioned plan or design and exercised its judgment and/or approved the judgments of others as represented by the plan.

NOW, THEREFORE, BE IT RESOLVED that the Township Clerk of the Township of Old Bridge, County of Middlesex, State of New Jersey does hereby approve the Specification entitled "2004-2005 Curb Replacement Contract" dated May, 2004 and prepared by John P. Vincenti, P.E., P.P. for a certain public improvement generally described as 2004-2005 Curb Replacement Contract No. 04-11; and

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

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

NAYS: None.

RESOLUTION NO. 314

AUTHORIZING MEMORANDUM OF AGREEMENT WITH THE OLD BRIDGE CROSSING GUARDS ASSOCIATION

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 Memorandum of Agreement with the Old Bridge Crossing Guards Association; and

WHEREAS, the Township Council and the Old Bridge Crossing Guards Association shall serve to establish the following changes in the collective bargaining agreement for school crossing guards employed by the Township of Old Bridge as follows:

1. Duration: July 1, 2002 through June 30, 2004.

2. Article XII, Pay Rate.
Effective July 1, 2002 the base hourly pay rate shall be increased by 3.9%.
Effective July 1, 2003 the base hourly pay rate shall be increased by 3.9%.

3. Article IX, Longevity shall be amended by adding the following: 6% upon completing twenty-five (25) years of service. This provision shall be effective as of the date of ratification of the contract and is not retroactive.

4. Article XVII, Personal Day shall be amended to include an additional personal for Permanent Crossing Guards only effective September 1, 2004 and is not retroactive.

5. The July 1, 1999 through June 30, 2002 collective bargaining agreement shall remain the same except as changed above.

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 between the Township of Old Bridge and the Old Bridge Crossing Guards Association is hereby authorized and approved.

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

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

NAYS: None.

RESOLUTION NO. 315

AUTHORIZNG MEMORANDUM OF AGREEMENT WITH THE TEAMSTERS LOCAL NO. 469 NON-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 Non-Professional Bargaining Unit; and

WHEREAS, the Township Council and the Teamsters Local No. 469 Non-Professional Bargaining Unit shall serve to establish the following changes in the collective bargaining agreement for non-professionals employed by the Township of Old Bridge as follows:

1. The duration of the collective bargaining agreement shall be from July 1, 2002 through June 30, 2004.

2. Article XX, 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.
Effective June 21, 2004 the lower tier laborers wage shall be increased from $14.2138 to $16.4631 per hour.

Bus Drivers - effective immediately upon ratification by both parties, bus drivers driving for the Camp Robin program shall receive their regular rate of pay. Therefore, for the first forty hours worked in a week, regardless of whether the driver is performing his/her regular assignment or driving for the Robin Program, the driver shall receive compensation at the straight time rate. For all time worked beyond forty hours, regardless of whether the driver is performing his/her regular assignment or driving for the Camp Robin program, the driver shall receive compensation at the rate of time and on-half.

3. Article VI, Health Insurance, Section A, first paragraph shall be changed from "seven hundred thirty-five dollars ($735.00) per month" to "nine hundred forty-one dollars ($941.00) per month".

The third paragraph shall be changed from "one hundred thirty-five dollars and eighty-five cents ($135.85)" to "one hundred sixty-two dollars ($162.00)".

Section C shall be changed from "seven hundred thirty-five dollars ($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:

4. 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.

5. 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.

6. Article XV, Clothing Allowance, shall be modified to reflect a fifty dollar ($50.00) increase in the collective bargaining agreement.

7. Article XVII, 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.

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 Non-Professional Bargaining Unit for the duration of July 1, 2002 through June 3, 2004 is hereby authorized and approved.

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

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

NAYS: None.

RESOLUTION NO. 316

AMENDING NEW JERSEY GREEN ACRES CONTRACT LAMBERTSON TRACT

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

WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program ("State") provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and

WHEREAS, the Township of Old Bridge desires to further the public interest by obtaining a loan and/or a grant of $1,465,000 for the State to fund the following projects(s):

Lambertson Tract Acquisition

WHEREAS, the Township Council of the Township of Old Bridge resolves that W. Thomas Badcock or the successor to the office of Director of Parks, Recreation and Social Services is hereby authorized to:

(a). make application for such loan and/or such grant
(b) provide additional application information and furnish such documents as may be required
(c) act as the authorized correspondent of the above named applicant; and

WHEREAS, the State shall determine if the application is complete and in conformance with the scope and intent of the Green Acres Program and notifying the applicant of the amount of the funding award; and

WHEREAS, the applicant is willing to use the State's funds in accordance with such rules, regulations and applicable statutes and is willing to enter into an agreement with the State for the above named project.

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

1. The Mayor of the above named body or board is hereby authorized to execute an agreement and any amendment thereto with the State known the Lambertson Tract Acquisition; and

2. the applicant has its matching share of the project if a match is required, in the amount of $2,030,470.80;

3. in the event the State's funds are less than the total project cost specified above, the applicant has the balance of funding necessary to complete the project; and

4. the applicant agrees to comply with all applicable federal, state and local laws, rules and regulations in is performance of the project.

5. This resolution shall take effect immediately.

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

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

NAYS: None.

RESOLUTION NO. 317

AUTHORIZING A REFUND OF PRE-PETITION DISPUTED INTEREST TO RICHARD BRENNAN (BLOCK 17002, LOT 194)

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

WHEREAS, disputed pre-petition interest was collected in the amount of $8,645.13 on Block 17002, Lot 194, Richard and Cynthia Brennan, 492 Marlboro Road, in December 2003; and

WHEREAS, the dispute has been resolved between the property owner and the Township of Old Bridge; and

WHEREAS, the Bankruptcy Court of the District of New Jersey so orders the refund.

NOW, THEREFORE, BE IT RESOLVED that $8,645 be refunded to the property owner.

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

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

NAYS: None.

RESOLUTION NO. 318

CANCELING OUTSTANDING CHECKS IN THE AMOUNT OF $1,282.67

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

WHEREAS, there are certain Current Fund Account, Payroll Account, Payroll Deduction Account and Workers Comp Self Insurance Fund checks that have remained outstanding in excess of one (1) year; and

WHEREAS, it is necessary to formally cancel the outstanding checks listed below:

Outstanding Checks - Current Fund
Date Check
Issued No. Amount Vendor

02/25/03 608072 9.98 Harris Hardware
03/25/03 608487 25.00 Kristen Woods
03/25/03 608563 200.00 Sayreville Rec. Wrestling Assoc.
04/15/03 608662 15.48 Discount Party Warehouse
04/15/03 608781 40.00 Tom Gillespie
04/29/03 608885 499.07 Gramco Business Communications

$789.53

Outstanding checks - Payroll Account

Date Check
Issued No. Amount Vendor

01/2003 108752 32.18 Matthew Realty

$32.18

Outstanding Checks - Payroll Deduction Account

Date Check
Issued No. Amount Vendor

09/14/01 6025 186.30 AFL-CIO
04/30/02 6637 21.77 PFRS
12/06/02 6458 122.29 Constable Tony Higgins

$330.36

Outstanding Checks - Workers Comp Self Insurance Fund

Date Check
Issued No. Amount Vendor

02/2002 50538 130.60 Ocean Medical Imaging

$130.60

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the above listed outstanding check totaling $1,282.67 be canceled.

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

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

NAYS: None.

RESOLUTION NO. 319

GRANTING MAUREEN RICCARDI A LEAVE OF ABSENCE WITHOUT PAY

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

WHEREAS, group life insurance is provided for members of the Public Employees Retirement System (PERS) effective January 1, 1956 by act of the State Legislature; and

WHEREAS, both noncontributory and contributory benefits are made available to employees who meet the eligibility requirements; and

WHEREAS, when a member is granted an official leave of absence without pay, the noncontributory and contributory insurance will continue for up to two years while on leave due to illness provided the public employer approves the leave by formal action; and

WHEREAS, at the end of the two year period of time, the member is permitted to convert the group policy to an individual policy.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Maureen Riccardi, township employee, has formally requested leave of absence without pay resulting from a personal illness.

BE IT FURTHER RESOLVED that the leave of absence will become effective as of April 23, 2004 and notification of said leave will be provided to the Division of Pensions by Marsha Rosenbaum, Director of Human Resources and a copy of this resolution shall also be provided to Maureen Riccardi.

BE IT FURTHER RESOLVED that the leave of absence of Maureen Riccardi is formally recognized having been heretofore authorized by the Mayor, and it is understood that the Mayor may terminate the said leave of absence recognized under this resolution at any time and/or for any reason.

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

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

NAYS: None.

RESOLUTION NO. 320

GRANTING PERMISSION FOR EXTENSION OF NOISE ORDINANCE UNTIL 10:30 P.M. FOR RARITAN BAY MEDICAL CENTER 25TH ANNIVERSARY CELEBRATION

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

WHEREAS, the Raritan Bay Medical Center will be holding an all day 25th Anniversary Celebration on Saturday, June 12, 2004, at its location on Ferry Road; and

WHEREAS, the Township Council has previously granted permission for this event as well as an evening dance later that night; and

WHEREAS, the Raritan Bay Medical Center is requesting approval from the Township Council to have music which will be played under an enclosed tent during the evening activity from 6:00 p.m. until 10:30 p.m.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that it hereby grants permission to the Raritan Bay Medical Center to have music for its evening activity and to extend the noise ordinance on Saturday, June 12, 2004 from 10:00 p.m. to 10:30 p.m.

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

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

NAYS: None.

RESOLUTION NO. 321

CORRECTING RESOLUTION NO. 273 ISSUING NEW PLENARY DISTRIBUTION LICENSE NO. 1209-44-NEW

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

WHEREAS, application has been filed with Old Bridge Township, New Jersey, for a new Plenary Retail Distribution License No. 1209-44-NEW by Vasantha K. Perkari, mailing address 428 Lloyd Road, Aberdeen, New Jersey (pocket license); and

WHEREAS, the submitted application form is complete in all respects, and the fees have been paid; and

WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey statutes and regulations promulgated thereunder as well as pertinent local ordinances and conditions consistent with Title 33; and

WHEREAS, the applicant has disclosed and the township authorities have reviewed the source of all funds used in the purchase of the license and the licensed business, and all additional financing obtained in connection with the licensed business; and

WHEREAS, the submitted application form is complete in all respects, and the fees have been paid.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge does hereby approve the issuance of the aforesaid Plenary Retail Distribution License effective January 26, 2004 and does hereby direct the Township Clerk to issue the license certificate to the new ownership as follows: "This license, subject to all of its terms and conditions, is hereby issued to Vasantha K. Perkari effective January 26, 2004."

BE IT FURTHER RESOLVED that said transfer is hereby conditioned that no go-go dancing be allowed.

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

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

NAYS: None.

RESOLUTION NO. 322

AUTHORIZING EXECUTION OF AN AGREEMENT WITH CON EDISON SOLUTIONS FOR ELECTRIC GENERATION SERVICES

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 was previously authorized to enter into an interlocal services agreement with Middlesex County pursuant to N.J.S.A. 40:8A-1, et seq. and 40A:11-11(5); and

WHEREAS, a copy of this agreement is available for inspection at the office of the Township Clerk; and

WHEREAS, the Township of Old Bridge entered into this interlocal services agreement with Middlesex County to participate in a cooperative pricing system for energy aggregation; and

WHEREAS, the Electric Discount and Energy Competition Act (N.J.S.A. 48:3-49, et seq.) (the "Act") and the Government Energy Aggregation Program Rules adopted by the New Jersey Board of Public Utilities permit local government units to join together for the purchase of electric generation service, gas supply service, electric related services and gas related services; and

WHEREAS, pursuant to this energy interlocal agreement with the County of Middlesex, a bid was received by Middlesex County (Bid No. 04-14 "Purchase of Electric Generation Services") which would result in savings to the energy aggregation group from Con Edison Solutions.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that it hereby authorizes the Township of Old Bridge to enter into a contract with Con Edison Solutions pursuant to Resolution No. 04-776 adopted by the Board of Chosen Freeholders of Middlesex County and Middlesex County Purchase Order No. 04-14; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to execute the contract between the Township of Old Bridge and Con Edison Solutions after approval by the township attorney.

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

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

NAYS: None.

RESOLUTION NO. 323

AUTHORIZNG PAYMENT FROM THE OPEN TRUST FUND TO THE COUNTY FOR THE TOWNSHIP'S SHARE OF DEVELOPMENT RIGHTS TO MILLER FARM

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

WHEREAS, the Middlesex County Agriculture Development Board will be closing on the purchase of the development rights of Miller Farm, Block 10252, Lot 23 in Old Bridge Township; and

WHEREAS, the cost share for the Township of Old Bridge is $46,412.38; and

WHEREAS, the township planner is requesting authorization of payment from the Open Trust Fund to the County for the Township's share of development rights of Miller Farm, Block 10252, Lot 23 in the amount of $46,412.38; and

WHEREAS, the capital budget is hereby amended to include the Miller Farm cost share subject to the issuance of a Certification of Funds No.1232 certifying the existence of a sufficient appropriation to fund the said payment.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, does hereby authorize payment from the Open Trust Fund to the County of Middlesex for the Township's share of the development rights of Miller Farm in the amount of $46,412.38.

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

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

NAYS: None.

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

Councilman Gillespie: This is our first transaction purchasing the development rights for a farm using open space funds. It is something that is long overdue to try to preserve not only the agricultural heritage of our town, but also preserve the liability of our community. I congratulate Mrs. Miller and her family for entering into this agreement. This is money well spent.

Councilman Calogera: Everyone on the planning board was happy to approve this. Congratulations!

Mayor Phillips: My first position in the township was on the planning board, and you have always been a proponent of controlling development and drainage. This is a great thing you have done for the people of Old Bridge, and I believe this will be a lasting monument to you and your family.

Mrs. Miller: I thank everyone on this and previous councils. I wish more farms would do this to keep Old Bridge green.

RESOLUTION NO. 324

GRANTING PERMISSION FOR THE OLD BRIDGE LODGE NO. 2229 TO HOLD A MASS ASSEMBLY PICNIC, SUNDAY, JULY 25, 2004

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

WHEREAS, a request has been made by the Old Bridge Elks Lodge No. 2229 to hold a mass assembly picnic for the Elks Camp Moore, a residential camp for children with special needs; and

WHEREAS, the Old Bridge Elks Lodge No. 2229 wishes to hold is picnic on Sunday, July 25, 2004 from 10:00 a.m. to 6:00 p.m.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission is hereby granted to the Old Bridge Elks Lodge No. 2229 to hold its mass assembly picnic on Sunday, July 25, 2004 subject to the conditions set forth in the letter of April 23, 2004 from the Township Clerk, a copy of which is available for inspection at the office of the Township Clerk during normal business hours.

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

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

NAYS: None.

ABSTAIN: Councilmen Greene, Testino.

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

Councilman Greene: I wish the Elks luck on this fundraiser to help support handicapped children. I have to abstain from this vote.

Councilman Testino: I will abstain also, but wish the Elks the best of luck. They had a successful event last year, and I wish them the same this year.

RESOLUTION NO. 325

AUTHORIZING PAY OUT OF ACCUMULATED TIME TO JAMES MANGINI

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 has a policy which requires the Township Council's authorization of any pay out of accumulated time $5,000 or greater to be authorized by resolution; and

WHEREAS, due to retirement from his position at the Township of Old Bridge, James Mangini is entitled to a pay out of his accumulated time; and

WHEREAS, the Township Council wishes to authorize such pay out.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that a lump sum pay out of accumulated time is hereby authorized to be paid to James Mangini in the amount of $108,603.18.

Sick (235.75) $90,100.00

Vacation (32 days) 13,030,40

Compensatory Time (108 Hrs) 5,472.78

Total $108,603.18

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

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

NAYS: None.

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

Councilman Maher: I do want to thank Michael Jacobs for pulling this together. His memorandum provided information with respect to this. I bring everyone's attention to the hypothetical rather than a pay out, a golden parachute. If we paid as we went along, this pay out would have been almost one-third of this. I understand that these are contracts, but we need to take a look at what the private sector has been doing all along. As an individual earns this, I think that we should be paying this out. An individual is entitled to vacation and sick days. We should encourage individuals to take these days off, not carry them to use as a golden parachute at the end of an individual's career here.

Councilman Maher had questions for Chief Collow with respect to an attendance sheet

President Baker: The chief is not in a position to answer questions now. Chief, would you care to respond to Dennis at a later date? What is your comfort level?

Councilman Maher: With respect to this policy, who certifies the accuracy and the completeness of the attendance records? Are they done monthly, weekly, yearly? What is the process in place?

Chief Collow: When an employee submits passes for time off (vacation, sick or comp), they are kept in administration records by one of my administrative staff personnel who maintain yearly sheets on each employee for the amount they accumulated and used.

Councilman Maher: When a weekly payroll is complete, someone signs off as to the timeliness and accuracy on a weekly basis?

Chief Collow: Correct.

Councilman Maher: If an individual has been employed for thirty years, we can expect to find somewhere in personnel thirty of the sheets?

Chief Collow: Correct.

Councilman Maher: No further questions.

Councilman Butler: Lt. Mangini was hired November 1970. This [accumulated time payout] was not only contractual, it is "grandfathered". In the 1990's we negotiated individuals being paid at that rate.

President Baker: Dennis is merely asking us to look "outside the box" during the next contract, and we appreciate that. I congratulate Lt. Mangini for giving the Township of Old Bridge thirty-four years of service to Old Bridge.

RESOLUTION NO. 326

AWARDING CONTRACT TO ANTUOFERMO LANDSCAPING FOR SITE RESTRORATION/RENOVATION FOR LAURENCE HARBOR BEACH FRONT RECREATION CENTER

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

WHEREAS, the Township of Old Bridge is in need of site restoration/renovation for the Laurence Harbor Beachfront Recreation Center; and

WHEREAS, the Township Director of Parks and Recreation has received three bids and recommends that the contract be awarded to Antuofermo Landscaping in the amount of $13,500.00.

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

1. Antuofermo Landscaping located at 120 Rt. 516, Old Bridge, NJ 08857 is hereby awarded a contract for site restoration/renovation for the Laurence Harbor Beachfront Recreation Center in the amount of $13,500.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No.1223 certifying the existence
of a sufficient appropriation to fund the said contract.

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

This resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

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

Councilwoman Panos: Please identify the area involved.

Mr. Badcock: We have about $22,000 remaining from a New Jersey State Legislative Grant. This is landscaping, stone block work, retaining wall and poured concrete with tables and benches in that area.

Councilwoman Panos: This is not a repair of something done a few years back.

Mr. Badcock: We merely did drainage outside because that thirty-five year old building leaked. We did a complete renovation of the building in phase two. This is outside work.

Councilwoman Panos: Did this go out for bid?

Mr. Badcock: This is under the bid threshold We received three reliable bids from local landscapers. This was the low bid. The bid threshold is $17,500.

RESOLUTION NO. 327

AUTHORIZING AMENDMENT OF A CONCESSION CONTRACT WITH TRENTON EZ CHEK, INC. (This resolution supercedes Resolution No. 516-03 and Resolution No. 547-03)

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 has twice solicited bids for persons or entitles to operate a food concession at the Old Bridge Ice Arena and Geick Park; and

WHEREAS, the attempt to solicit vendors has not resulted in any bids; and

WHEREAS, the Township Council wishes to negotiate and award the food concession to Trenton EZ Chek, Inc.

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

1. The Mayor and Township Clerk are hereby authorized to sign a contract with Trenton EZ Chek, Inc., located at Six Connors Court, Sayreville, NJ 08872 for the food concession at the Old Bridge Ice Arena and Geick Park.

2. The basic terms of the concession shall be as follows:

a. The vendor shall pay the Township of Old Bridge $500.00 per month to operate the facility during the months that the ice skating operation is being conducted; and

b. The vendor shall pay the Township of Old Bridge $150.00 to operate the concession stand at Geick Park; and

c. The township attorney is hereby authorized to negotiate such additional terms as may be desirous and shall present a final
written contract to the Mayor and Township Clerk to sign.

d. If the concerts are moved back to Geick Park, the township attorney is authorized to reopen negotiations with the vendor regarding Geick Park rent.

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

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

NAYS: None.

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

Councilman Calogera: This was a contract for Geick Park which was not a part of the other contract for about $500 per month, which we are going to reduce to $150 per month due to the loss of the concerts in Geick Park. The school district has not signed the contract to put the concerts in Lombardi Field. I would like to make this contingent because if the concerts come back to Geick, I believe this gentleman should pay the full rate.

Attorney Convery: Everything you have indicated I believe to be correct. When the vendor realized that the concerts were not going to be in Geick Park, he contacted recreation. There is a memo from Lisa Cooney indicating that he believed he could not afford to continue at that location unless the rent was reduced to $150.00 per month. Mr. Shah indicated that we needed to act as quickly as possible; otherwise, we would not have a vendor at the park. I think that if council could pass this resolution with the additional condition that if the concerts return to Geick Park, you would authorize the township attorney to renegotiate the per month fee to operate the concession stand at Geick Park. If you table this, you lose more time as far as someone being available at that site.

Councilman Calogera: I think that the bidder should pay the full $500 in the event that the concerts are moved back to Geick Park.

Mayor Phillips: This idea of the concerts in the park has set off a tempest of opinion among the Cultural Arts people, and it may be that if the shows were sent back to Geick Park, you may want them to be the ones who regulate the refreshment stand, and not this vendor or some other entity. How we might keep flexibility is to allow council to reopen the negotiations.

Councilman Calogera: In the event the concerts are moved back, Cultural Arts can pick up the concession or renegotiate it.

Mayor Phillips: I have had extended conversations with Mr. Shah, and I understand his concern about past actions and why he wants controls. I have had extensive conversations with Tom Badcock, and I appreciate his point of view which is one I had not thought of, i.e., all summer that refreshment stand has laid vacant. There were many times when someone would appreciate cold water or soda. My feeling is that I would not care what this vendor paid as long as he were open and providing a service. I know that the Board of Education voted 6/3 in favor of moving it. The only reason why there might be a delay of contract is that Dr. Quirk wanted assurances that we had the proper insurance, and that we would repair any damage. I think this is a great experiment, and the people involved are concerned about the construction around Geick Park this summer, and they would like the opportunity to televise the concerts which having them at Lombardi Field gives them the opportunity. Please modify your request to say the following: "If in the event the concerts could move back to Geick, the attorney has the ability to renegotiate the contract."

Councilman Calogera: I will do that.

Attorney Convery: That language would be incorporated into the final resolution, and in view of the fact that we want to go forward with this, I will redraft it and provide a copy to each member of the council.

Liquor License.

1. Plenary Retail Consumption License No. 1209-33-005-010 - Old New York Place to place transfer (expansion of premises).

Motion

to authorize the place to place transfer of Plenary Retail Consumption License No. 1209-33-005-010 Old New York made by Councilman Calogera, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

Although a resolution authorizing the place to place transfer for an expansion of premises was duly moved and seconded and approved by an affirmative vote of a majority of the council members present, information received caused this action to stand as a MOTION to approve the transfer. A resolution memorializing this action of the Township Council will be formally acted upon on June 14, 2004.

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

Appointment.

1. Recreation Advisory Committee.

RESOLUTION NO. 328

APPOINTING STEVEN R. DONOHUE TO THE RECREATION ADVISORY COMMITTEE FOR A TERM ENDING DECEMBER 31, 2005

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

Steven R. Donohue be appointed to the Recreation Advisory Committee for a term ending December 31, 2005.

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

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

NAYS: None.

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

President Baker: I have read the resume submitted, and Mr. Donohue is the best qualified candidate. I support his nomination.

2. Parking and Transportation Committee (term expiring 12/31/04) TABLED

Motion

to table an appointment to the Parking and Transportation Committee to June 14, 2004 made by Councilman Gillespie and so ordered on the following roll call vote:

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

NAYS: None.

Council Comments.

Councilman Volkert: There will be a Memorial Day Parade on May 31 at 9:00 gathering at Memorial School.

Councilman Butler: I extend our condolences to the members of the Pagnotta family. We have known Joe Pagnotta for many years. He has done many great things for many people in this community.

Councilmen Calogera and Gillespie also extended their condolences to the Pagnotta family. Mr. Gillespie added his sentiments about the Memorial Day parade.

President Baker: We had a meeting for the residents of the Arbors, the Stratford Apartments with respect to New Jersey Transit and the continuing effort to get bus No. 818 to stop at the Stratford Apartments. The meeting was very valuable; they are getting back to us. They are trying to work with us. We will have an answer within a week or two.

Mayor Phillips: It will be my honor to lead the Memorial Day parade. Anyone who might be able to be there or who is on leave from the military, you are the ones who are entitled to a parade. Please walk in the front of the parade to be honored for your service. Old Bridge appreciates anyone who gives of themselves.

Motion

to adjourn at 9:00 p.m. made by Councilman Testino, seconded by President Baker and so ordered on the following roll call 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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