OLD BRIDGE TOWNSHIP COUNCIL

COMBINED MEETING

June 12, 2006

A Combined meeting of the Township Council of the Township of Old Bridge was held on June 12, 2006 in the Municipal Complex. The meeting was called to order by President Gillespie who asked all present to participate in a salute to the flag which was followed by a short prayer.

Township Clerk Rose-Marie Saracino 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.

Roll call at 7:40 p.m. by Township Clerk Saracino, showed the following members present: Councilmen Baker, Butler, Calogera, Maher, Volkert, President Gillespie. Councilmen Greene, Testino were late. Councilwoman Panos was absent.

President Gillespie asked for a moment of silence for the troops serving in the Persian Gulf .

CERTIFICATES

Municipal Alliance and Teen Alliance Volunteer Recognition

Ms. Karen Tortorici the Program Coordinator thanked the Council and Mayor for this recognition.

Mayor Phillips presented the members of the Teen Alliance and Municipal Alliance with Certificates of Recognitions for their dedication to the prevention of substance abuse.

PRESENTATION

Presentation to Ray Reininger, and Old Bridge Police Department C.E.R.T. Member.

Chief Collow presented Mr. Reininger with a Medical Assistance Award for his assistance to a gentleman who had suffered a heart attack and was unconscious in the East Brunswick Mall. Mr. Reininger administered CPR until the First Aid arrived. Chief Collow stated that because of the training given to the members of CERT, this gentleman was able to survive.

CERTIFICATES

Old Bridge Junior Knights – Under 12 Travel Baseball Team – Central League Champions.

Mayor Phillips and Coach Ian Daley presented the following with Certificates of Recognition for their 2205-2006 Season:

Omar Abbas, Aston Austin, Michael Bunis, Jullan Daley, Daniel Decker, Zach Einwechter, Aaron Hart, Jordin Henry, Jesse Magliulo, Jesse Martin, Patrick O’Donnell, Alex Sastoque, Chris Simon

CERTIFICATES

Old Bridge High School Varsity Cheerleading Team

Mayor Phillips and Mr. & Mrs. Diaczyszyn presented Certificates of Recognition to the following for their accomplishments of: Team; 3 National Championships, 7 out of 10 First Place Finishes – Stunt Group – 1 National Championship and Individuals – 2 National Championship:

Keri Condon, Megan Corbitt, Diana DeFeo, Kim Emslie, Nicole Emslie, Samantha Gilbert, Caitlin Glynn, Katie Horsley, Bonnie LaRocco, Megan Morris, Lauren Petrovski, Amanda Siecinski, Katie Simone.

Meeting Recess at 8: 10p.m.

Meeting Convened at 8:15p.m.

APPROVAL OF MINUTES

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

RESOLUTION #220-06

WHEREAS, the following minutes are hereby approved:

March 6, 2006 – Agenda April 10, 2006 – Regular

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Butler, Calogera.

ABSENT: Councilman Greene, Councilwoman Panos

BILL LIST

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

RESOLUTION # 221-06

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 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 June 12, 2006 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 June 12, 2006 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 $15,705,716.64 (Accounts Payable).

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

AYES: Councilman Baker, Butler, Maher, Testino, Volkert, President Gillespie.

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

ABSENT: Councilman Greene, Councilwoman Panos.

BILL LIST

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

RESOLUTION #222-06

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 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 May 26, 2006 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 26, 2006 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 $830,647.48 (Payroll).

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

AYES: Councilman Baker, Butler, Maher, Testino, Volkert, President Gillespie.

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

ABSENT: Councilman Greene, Councilwoman Panos.

BILL LIST

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

RESOLUTION #223-06

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 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 May 26, 2006 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 26, 2006 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 $37,036.43 (Overtime).

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

AYES: Councilman Baker, Butler, Maher, Testino, Volkert, President Gillespie.

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

ABSENT: Councilman Greene, Councilwoman Panos.

BILL LIST

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

RESOLUTION #224-06

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 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 June 12, 2006 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 June 12, 2006 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 $804,735.45 (Payroll).

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

BILL LIST

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

RESOLUTION #225-06

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 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 June 12, 2006 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 June 12, 2006 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 $48,226.74 (Overtime).

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

Preliminary Public Comments

Mr. Daugherty stated that he has repeatedly complained of ATV and Dirt Bikes being ridden illegally next to his property on 6 Joseph Court, in Central Park . Mr. Daugherty stated that he will continue to come before the council with this issue because he is not satisfied with the response of the township thus far.

President Gillespie requested a report from Administration on this issue.

President Gillespie closed the public portion.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 27-2006

AMENDING THE REVISED GENERAL CODE OF THE TOWNSHIP OF OLD BRIDGE

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the following sections of the Revised General code of the Township of Old Bridge are hereby amended:

Chapter 347, Peddling & Soliciting

Section 347-4. Fees. Expiration, Service Charge

Add:

(6) Ice Cream Trucks: $100.00

Chapter 273, Lunch Wagons, Mobile

Section 273-3, License Fee

Change:

Change fee from $50.00 to $100.00

Chapter 510, Volunteer Incentives

Section 510-4.b Volunteer Incentives

Add:

(7) Certificates of Occupancy

Chapter 160, Fees

Add Section 160-32, Miscellaneous Fees:

1. Miscellaneous copies

a. Pages one through 10: $0.75 per page

b. Pages 11 through 20: $0.50 per page

c. All pages over 20: $0.25 per page

2. Audio tape cassette: $25.00 per copy

3. Videotape cassette: $50.00 per copy

4. Alcoholic Beverage License application and

Supporting Documentation: $8.00

Change Section 160-14, Land Development Ordinance

The fee for the Land Development Ordinance is $45.00 per copy (plus $5.00 for mailing).

Chapter 446, Taxicabs; Limousines

Section 446-5, Duration of License; License Fees

Change “A” to read:

Licenses shall be valid from January 1 of the current year to December 31 of the current year.

Chapter 5-35 Administration and Government

Section 5-35, Ordinances and Resolutions

Change “A” to read:

The Clerk shall record all ordinances and all resolutions of a permanent character in books to be provided for that purpose. After each ordinance, he shall also record and certify the proof of publication thereof as required by law. Each ordinance so recorded shall be signed by the Mayor, Attorney, Council President and the Clerk, who shall attest that it was duly adopted upon a date stated, and when so signed, the recorded copy shall be deemed to be a public record of the ordinance. Any omission to record, sign or certify as herein required shall not impair or affect the validity of any ordinance which has been duly adopted. Each resolution so recorded shall be signed by the Clerk and Township Council President.

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

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

NAYS: Councilman Calogera.

ABSENT: Councilmen Greene, Councilwoman Panos.

President Gillespie opened the public portion.

Seeing no hands President Gillespie closed the public portion.

ORD. #28-2006 Amending the Land Development Ordinance to add a Tree Removal Plan & Report. (CARRY UNTIL JUNE 26, 2006 MEETING)

ORD. #29-2006 To amend the Land Development Ordinance to impose Zoning Permit Fees. (CARRY UNTIL JUNE 26, 2006 MEETING)

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 30-2006

AN ORDINANCE AMENDING CHAPTER 457 “TREES” IN REGARD TO SITE PLAN APPLICATIONS, EXISTING UTILITY SERVICE AND REPLACEMENT TREES

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 purpose of this Ordinance is to amend Chapter 457 “Trees” to clarify its application to site plan applications before approving boards, to clarify removal for existing utility service and to clarify replacement tree requirements.

Section 2. Section 457-5 Tree Removal Permits

Section 457-5A(3) is hereby deleted in its entirety.

Section 3. Section 457-7 Replacement Trees

Section 457-7A is hereby amended to read as follows:

A. Any tree removed pursuant to this chapter, unless exempt under

Section 97-8, shall be replaced based on the following:

Section 4. Section 457-8 Criteria for Tree Removal without Replacement Trees.

A) Section 457-8B.(2) is hereby deleted in its entirety.

B) Section 457-8C.(1)(b) is hereby amended to read as follows:

(b) The tree is dead, diseased, injured, in danger of falling, the entire tree interferes with existing utility service and cannot be reasonably remedied by trimming, creates an unsafe condition, or its continued presence conflicts with any other ordinances or regulations.

Section 5. 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 6. 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 7. 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 President Gillespie, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Greene, Councilwoman Panos.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE No. 31-2006

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE APPROVING AND AUTHORIZING THE ENTERING 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 2005 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.) (the “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 "2006 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 2006 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 on file with the Township Clerk 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 2006 (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 with the Township Clerk 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.

EXHIBIT B

2006 Capital Equipment Lease Program Participation Form

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

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

NAYS: Councilman Calogera.

ABSENT: Councilmen Greene, Councilwoman Panos.

President Gillespie opened the public portion for the Consent Agenda

Seeing no hands President Gillespie closed the public portion for the Consent Agenda

Consent Agenda

RESOLUTION AUTHORIZING LAND DEDICATION AGREEMENT WITH HARRY WILF AND OTHERS AND OLD BRIDGE PLAZA ASSOCIATES FOR BJ’S TRAFFIC LIGHT IMPROVEMENTS

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

RESOLUTION #226-06

WHEREAS, the Township of Old Bridge desires to make improvements to property owned by Harry Wilf and others and leased by Old Bridge Plaza Associates known as a portion of Block 4185, Lot 9.11 located on Downing Street between U.S. Route 9 and Meleta Way; and

WHEREAS, Harry Wilf and others and Old Bridge Plaza Associates have agreed to dedicate the above referenced parcel to the Township by way of a Deed of Dedication in fee simple for the sum of $1.00; and

WHEREAS, the Township agrees to perform specific roadway and traffic light improvements in and around the Dedicated Parcel as indicated in the plan prepared by the T&M Associates on file in the Office of the Township Clerk.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex and State of New Jersey that the Mayor and the Township Clerk are hereby authorized to sign a Land Dedication Agreement with Harry Wilf and others and Old Bridge Plaza Associates.

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

RESOLUTION APPROVING CHANGE ORDER #1 (FINAL) FOR 2005-2006 ROAD RESURFACING CONTRACT #2005-03 WITH DE FINO CONTRACTING COMPANY

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

RESOLUTION #227-06

WHEREAS, the Township Council of the Township of Old Bridge previously authorized Contract #2005-03 with the firm of DeFino Contracting Company for the 2005-2006 Road Resurfacing Project; and

WHEREAS, DeFino Contracting Company has requested Change Order #1 (Final) to adjust the contract amount.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Change Order is hereby authorized as set forth on the attached Change Order.

BE IT FURTHER RESOLVED that the modified cost of services after this Change Order is as follows:

ORIGINAL CONTRACT …………………………. $653,600.00

CHANGE ORDER #1…………………………… - $10,559.62

TOTAL ……..…………..……………………. $643,040.38

TOTAL AMOUNT OF CHANGE ORDER …… -$10,559.62

BE IT FURTHER RESOLVED that the Mayor and Clerk of the Township of Old Bridge are hereby authorized to execute such written contract documents as may be approved in form by the Township Attorney.

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

RESOLUTION AUTHORIZING THE PURCHASE OF MODULAR PLAY SYSTEM

AND PARK AMENITIES FROM GAME TIME/MARTURANO RECREATION CO.,

INC. NEW JERSEY STATE CONTRACT #A59052

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

RESOLUTION #228-06

WHEREAS, the Township Parks and Recreation Department wishes to purchase a modular play system and park amenities for Central Park under NJ State Contract #A59052; and

WHEREAS, Game Time/Marturano Recreation Co., Inc. submitted the lowest proposal at a purchase price of $82,843.00; and

WHEREAS, the Township desires to purchase this modular play system and park amenities for Central Park through New Jersey State Contract #A59052.

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 purchase of a modular play system and park amenities from Game Time/ Marturano Recreation Co. is hereby authorized in the amount of $82,843.00 in accordance with State Contract #A59052.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1448 certifying the existence of a sufficient appropriation to fund the said contract.

This Resolution is conditioned upon the following:

1. Formal execution of a purchase order.

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

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

4. Compliance by the Vendor with filing of Affirmative Action Form AA302 and AA201, or otherwise complying with affirmative action employee information reporting.

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

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

RESOLUTION AWARDING CONTRACT #2006-44 TO BROWNTOWN BUS SERVICE, INC. FOR THE SUMMER RECREATION PROGRAM BUS

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

RESOLUTION #229-06

WHEREAS, the Township of Old Bridge solicited re-bids in connection with Contract #2006-44 for the Summer Recreation Program Bus; and

WHEREAS, one bid was received and opened on May 26, 2006; and

WHEREAS, the Township Council wishes to award the contract for the Summer Recreation Program Bus to the lowest responsible bidder; and

WHEREAS, our Township Director of Parks and Recreation has recommended that a contract be awarded to Browntown Bus Service, Inc. as they submitted the lowest responsible bid.

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

1. Browntown Bus Service, Inc., with principal offices located at 336 Ticetown Road, Old Bridge, New Jersey 08857 is hereby awarded a contract in the amount of $14,945.00.

2. The award of the contract is contingent upon the issuance of a certification from the Finance Director certifying the existence of various accounts containing sufficient funds to satisfy said contract from the “trips” deposits from 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. No work shall be performed by any vendor without a signed P.O. for the project on hand indicating approval and certification of funds by the Chief Financial Officer.

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

D. Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with Affirmative Action employee information reporting.

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

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

RESOLUTION APPROVING PAYMENT OF DEDUCTIBLE AND CO-INSURANCE TO THE MUNICIPAL EXCESS LIABILITY JOINT INSURANCE FUND REGARDING THE MATTER OF STONEY V. TOWNSHIP OF OLD BRIDGE

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

RESOLUTION #230-06

WHEREAS, the Township of Old Bridge was involved in litigation entitled Stoney v. Township of Old Bridge Docket No. MID-C-165-04;and

WHEREAS, the Township Council previously authorized settlement of said litigation in June, 2005; and

WHEREAS, the Township owes $10,525.92 to the Municipal Excess Liability Joint Insurance Fund for our deductible and co-insurance on this matter, nunc pro tunc;

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. Payment of $10,525.92 to the Municipal Excess Liability Joint Insurance Fund for deductible and co-insurance is hereby authorized in the matter of Stoney v. Township of Old Bridge.

2. This payment is contingent upon the issuance of a Certification of Availability of Funds #1455 certifying the existence of a sufficient appropriation to fund the said payment.

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

AUTHORIZING REMOVAL OF SPECIMEN TREE AT 6 ALBERT DRIVE

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

RESOLUTION #231-06

WHEREAS, the Township of Old Bridge received a request from the owner of 6 Albert Drive to remove a specimen tree from the property; and

WHEREAS, the matter was referred to the Township Conservation Officer for review and decision; and

WHEREAS, the Township Conservation Officer reviewed and gave consent for the homeowner to remove the tree from his property; and

WHEREAS, in accordance with Ordinance 12-2005, Section 8.C(2) no specimen tree can be removed without approval of the Township Council.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the specimen tree located at 6 Albert Drive is authorized to be removed by the owner in accordance with Ordinance #12-2005, Section 8.C.(2).

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

RESOLUTION AUTHORIZING THE REJECTION OF BID WITH REGARD TO CONTRACT #2006-41 FOR THE “800 REBANDING PROJECT” FOR THE OLD BRIDGE TOWNSHIP POLICE DEPARTMENT

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

RESOLUTION #232-06

WHEREAS, the Township of Old Bridge solicited bids in connection with Contract 2006-41 for the services of a management service for the “800 Rebanding Project” for the Old Bridge Township Police Department; and

WHEREAS, one bid was received, from Consolidated Construction Management Services, and the bidder was deficient of required paperwork which is a non-waivable deficiency pursuant to Local Public Contracts Law.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex and State of New Jersey, that the bid received with respect to Contract #2006-41 from Consolidated Construction Management Services for the “800 Rebanding Project” for the Old Bridge Township Police Department is hereby rejected.

BE IT FURTHER RESOLVED, that the Purchasing Department of the Township of Old Bridge is hereby authorized to rebid.

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

RESOLUTION ACCEPTING THE RESIGNATION OF RENT STABILIZATION BOARD MEMBER, STEVEN NESSELL

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

RESOLUTION #233-06

WHEREAS, Steven Nessell has served as a member of the Township of Old Bridge Rent Stabilization Board; and

WHEREAS, Steven Nessell wishes to resign as a member of the Township of Old Bridge Rent Stabilization Board; and.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the resignation of Steven Nessell as a member of the Old Bridge Township Rent Stabilization Board Member is hereby accepted and shall be effective as of June 12, 2006.

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

RESOLUTION AUTHORIZING OLD BRIDGE TOWNSHIP RACEWAY PARK TO

HOLD A MASS ASSEMBLY FOR VANS WARP TOUR

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

RESOLUTION #234-06

WHEREAS, Old Bridge Raceway Park has requested to hold a Mass Assembly for Vans Warp Tour to be held on Sunday, August 6, 2006 from 12:00 Noon - 8:00 P.M.; and

WHEREAS, Council has reviewed the application and has determined to grant permission to Old Bridge Raceway Park to hold the above mentioned event.

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 Old Bridge Raceway Park to hold a Mass Assembly for the Vans Warp Tour on Sunday, August 6, 2006 contingent upon the approval of the Code Enforcement Department and the issuance of a Certificate of Liability Insurance.

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

BUDGET TRANSFER

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

RESOLUTION #235-06

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 of Old Bridge, County of Middlesex, State of New Jersey that the transfer in the amount of $24,217.58 be made between the Current SFY 2006 Appropriations as follows:

Department From To

Snow Removal – Salary & Wages $7,283.70

Snow Removal – Other Expenses $16,982.88

Snow Removal Reserve $24,217.58

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

BUDGET TRANSFER

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

RESOLUTION #236-06

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 of Old Bridge, County of Middlesex, State of New Jersey that the transfer in the amount of $75,530.00 be made between the Current SFY 2006 Budget as follows:

Department From To

Recycling – Other Expenses $65,000.00

Legal – Other Expenses 10,530.00

Legal Settlement – Other Expenses 10,530.00

Animal Control Contribution – Other Expenses 65,000.00

$75,530.00 $75,530.00

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

RESOLUTION TO SET THE TAX RATE FOR FISCAL YEAR 2007

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

RESOLUTION #237-06

WHEREAS, Chapter 72 P.L. 1994, N.J.S.A 40 40A: 4-12.1 requires that the governing body of a fiscal year municipality adopt a resolution to certify the preliminary calendar year 2007 municipal rate to the Director of the Division of Local Government Services according to the calculations as set forth by said chapter; and

WHEREAS, the Township of Old Bridge wishes to set the tax rate for fiscal 2007 for the purpose of setting the preliminary tax levy at .76 per $100 assessed value.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the preliminary tax levy for the calendar year 2007 be set at $25,159,554.00

BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Director of the Division of Local Government Services for his approval and to the County Tax Board for the calculation of the Municipal Tax Rate for the calendar 2007

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

AUTHORIZING THE INSERTION OF A SPECIAL ITEM OF REVENUE (CHAPTER 159) IN CONNECTION WITH THE CLICK IT OR TICKET GRANT

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

RESOLUTION #238-06

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget;

WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and

WHEREAS, the Township of Old Bridge received $4,000.00 for the Click it or Ticket Grant and wishes to amend its SFY 2006 budget to include this additional amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge hereby requests the director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year SFY 2006 in the sum of $4,000.00 which is now available as a revenue from: Click it or Ticket Grant

BE IT FURTHER RESOLVED that a like sum of $4,000.00 be and the same is hereby appropriated under the caption of: Click it or Ticket Grant

BE IT FURTHER RESOLVED that the Township Clerk forward three (3) copies of this resolution to the Director of Local Government Services.

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

RESOLUTION AUTHORIZING THE PURCHASE OF A 4-WHEEL DRIVE LOADER – BACKHOE AND TRAILER TO FOLEY, INC. CONTRACT #2006-43

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

RESOLUTION #239-06

WHEREAS, the Township of Old Bridge advertised and received bids for Contract 2006-43 for the purchase of a 4-wheel drive loader – backhoe and trailer for the Recreation Department; and

WHEREAS, bids were received and opened on May 18, 2006; and

WHEREAS, Foley, Inc., submitted the lowest responsible bid; and

WHEREAS, the Township wishes to award Contract #2006-43 for a 4-wheel drive loader backhoe and trailer to Foley, 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. Foley, Inc., with principal offices at 855 Centennial Avenue, Piscataway, New Jersey 08855 is hereby awarded a contract in the amount of $66,000.00 for a 4- wheel drive loader – backhoe and trailer.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1454 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 Certificate of Availability of Funds as aforesaid.

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

RESOLUTION APPROVING CHANGE ORDER #1 FOR REIMBURSABLE EXPENSES TO CME ASSOCIATES RE: CONTRACT #2006-21 PAYMENT OF FREEHOLD SOIL PERMITS AND FEES AND NJDEP PERMITS AND FEES FOR PENSION ROAD PARK CRICKET FIELD

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

RESOLUTION #240-06

WHEREAS, the Township Council of the Township of Old Bridge previously authorized Contract #2006-21 with the firm of CME Associates to provide construction and contract supervision of the Pension Road Park Cricket Field; and

WHEREAS, CME Associates has requested Change Order #1 to increase the amount of the contract due to payment of Freehold Soil permits and fees and NJDEP permits and fees for Pension Road Cricket Field.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Change Order is hereby authorized as set forth on the Change Order on file with the Township Clerk.

BE IT FURTHER RESOLVED that the modified cost of services after this Change Order is as follows:

ORIGINAL CONTRACT …………………………. $11,200.00

CHANGE ORDER #1……………………………… 1,884.80

TOTAL ……..…………..……………………. $13,084.80

TOTAL AMOUNT OF CHANGE ORDER …………$1,884.80

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1453 certifying the existence of a sufficient appropriation to fund the said contract.

BE IT FURTHER RESOLVED that the Mayor and Clerk of the Township of Old Bridge are hereby authorized to execute such written contract documents as may be approved in form by the Township Attorney.

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

RESOLUTION AUTHORIZING FEE TO BE PAID TO THE TREASURER OF THE STATE OF NEW JERSEY FOR WETLANDS DELINEATION L.O.I. FOR MANNINO PARK

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

RESOLUTION #241-06

WHEREAS, the Township of Old Bridge, is applying for a Wetlands Delineation L.O.I. for Mannino Park; and

WHEREAS, a fee is required to be paid to the Treasurer of the State of New Jersey for preparation of this Wetlands Delineation L.O.I. for Mannino Park.

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

1. The preparation of the Wetlands Delineation L.O.I for Mannino Park is authorized to be applied for and the fee to the Treasurer of the State of New Jersey is authorized to be paid in the amount of $12,120.00.

2. The payment of this fee is contingent upon the issuance of a Certification of Availability of Funds #1450 certifying the existence of sufficient appropriation to fund the said application.

3 The Mayor and Township Clerk are hereby authorized to sign the application documents necessary to effectuate the preparation of this Wetlands Delineation L.O.I. for Mannino Park. The Township Attorney shall review any and all documents prepared in furtherance of this application.

This Resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

RESOLUTION AUTHORIZING THE PURCHASE OF HEXAGON GAZEBO FOR CENTRAL PARK PLAYGROUND FROM RCP SHELTERS, INC./ MARTURANO

CONSTRUCTION NEW JERSEY STATE CONTRACT #A59052

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

RESOLUTION #242-06

WHEREAS, the Township Parks and Recreation Department wishes to purchase a gazebo for Central Park Playground equipment under NJ State Contract #A59052; and

WHEREAS, RCP Shelters, Inc./Marturano Construction submitted the lowest proposal at a purchase price of $22,850.00; and

WHEREAS, the Township desires to purchase this gazebo for the Central Park Playground under the Central Park Bond Ordinance through New Jersey State Contract #A59052.

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

2. The purchase of a gazebo from RCP Shelter, Inc./ Marturano Construction is hereby authorized in accordance with State Contract #A59052.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds # 1449 certifying the existence of a sufficient appropriation to fund the said contract.

This Resolution is conditioned upon the following:

2. Formal execution of a purchase order.

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

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

4. Compliance by the Vendor with filing of Affirmative Action Form AA302 and AA201, or otherwise complying with affirmative action employee information reporting.

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

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

BINGO/RAFFLE

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

RESOLUTION #243-06

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 72-06 Friends of Old Bridge Knights

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

RESOLUTION AUTHORIZING APPLICATION FOR RECYCLING TONNAGE GRANT FOR 2005

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

RESOLUTION #244-06

WHEREAS, the Township Council has been made aware that a Mandatory Source Separation and Recycling Act, P.L. 1987, c.102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and

WHEREAS, The New Jersey Department of Environmental Protection is promulgating recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, a resolution authorizing the Township of Old Bridge to apply for such tonnage grants will memorialize the commitment of the Township to recycling and to indicate the assent of the Township of Old Bridge to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township Council hereby endorses the submission of the recycling tonnage grant application for 2005 to The New Jersey Department of Environmental Protection and designates Debra DePew, 2005/2006 Recycling Coordinator, to ensure that the application is properly filed; and

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

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

AYES: Councilman Baker, Butler, Calogera, Maher, Testino, Volkert.

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

ABSTAIN: President Gillespie.

RESOLUTION ACCEPTING THE RESIGNATION OF OPEN SPACE COMMITTEE MEMBER, CAROL HODES

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

RESOLUTION #245-06 TABLED

WHEREAS, Carol Hodes has served as a member of the Township of Old Bridge Open Space Committee; and

WHEREAS, Carol Hodes wishes to resign as a member of the Township of Old Bridge Open Space Committee; and.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the resignation of Carol Hodes as a member of the Old Bridge Township Open Space Committee is hereby accepted and shall be effective as of June 12, 2006.

Moved to table by Councilman Testino, seconded by Councilman Calogera and so tabled on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Greene, Councilwoman Panos.

Prior to the vote the following discussion took place.

President Gillespie stated that there is a misunderstanding with Ms. Hodes and requested tabling this resolution.

RESOLUTION AUTHORIZING THE TOWNSHIP OF OLD BRIDGE TO ACCEPT A PARIS GRANT FOR THE MANAGEMENT OF THE ARCHIVES AND RECORD SYSTEM

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

RESOLUTION #246-06

WHEREAS, the Township Council of the Township of Old Bridge applied for a PARIS Grant in the amount of $40,000.00; and

WHEREAS, the Township Council of the Township of Old Bridge acted as applicant for this grant; and

WHEREAS, the State of New Jersey has awarded the Township of Old Bridge a PARIS grant in the amount of $34,364.00; and

This grant is conditioned upon the issuance of a Certification of Availability of Funds #1434 certifying the existence of a sufficient appropriation to fund the said contract.

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 is hereby authorized to accept the PARIS Grant awarded to the Township of Old Bridge by the State of New Jersey, in an amount no to exceed $34,364.00 to the Township for Project 06121501: Municipal-wide Needs Assessment and Strategic Plan for the management, storage and preservation of public records; and the Mayor and Township Clerk are authorized to sign any and all required documents incidental thereto.

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

AYES: Councilmen Baker, Butler, Calogera, Maher, Testino, Volkert.

NAYS: None.

ABSENT: Councilmen Greene, Councilwoman Panos.

ABSTAIN: President Gillespie.

RESOLUTION AWARDING CONTRACT #2006-03 FOR ROAD RESURFACING WITHIN THE TOWNSHIP OF OLD BRIDGE

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

RESOLUTION #247-06

WHEREAS, the Township of Old Bridge advertised and received bids for Contract #2006-03 for road resurfacing improvements within the Township of Old Bridge; and

WHEREAS, bids were received and opened on May 1, 2006; and

WHEREAS, the Township Council wishes to award the contract for road resurfacing within the Township of Old Bridge; and

WHEREAS, our Township Engineer has recommended that a contract be awarded to Pioneer General Contracting Company as they submitted the lowest responsible bid.

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. Pioneer General Contracting Company with principal offices located at 1696 Englishtown Road, Old Bridge, New Jersey 08857 is hereby awarded a contract in the amount of $533,490.44 for road resurfacing improvements within the Township of Old Bridge.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1451 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. Compliance by the Vendor with signing the mandatory affirmative action language required by law.

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.

All streets contained in the Paving Bid Specifications must be completed as bid unless they are specifically removed from the list by the Township Council.

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

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

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

NAYS: None.

ABSENT: Councilmen Greene, Councilwoman Panos.

ABSTAIN: Councilmen Calogera.

RESOLUTION RESCINDING RESOLUTION #44-06 AND AUTHORIZING TO ENTER INTO A GRANT WITH THE STATE OF NEW JERSEY DEP FOR STORM WATER MANAGEMENT

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

RESOLUTION #248-06

WHEREAS, Resolution #44-06 authorizing the Township to enter into a grant with the State of New Jersey DEP for Storm Water Management in the amount of $41,238.00 was passed on January 9, 2006; and

WHEREAS, the Township has been advised that said amount is incorrect, and must be rescinded; and

WHEREAS, the Township of Old Bridge desires to further the public interest by obtaining a grant from the State of New Jersey DEP for Storm Water Management in the amount of $20,619.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex and State of New Jersey that Resolution #44-06 is hereby rescinded; and

BE IT FURTHER RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex and State of New Jersey that the Mayor is authorized to (a) make an application for such grant in the amount of $20,619.00, (b) if awarded, to execute a grant agreement with the State and (c) to execute any amendments thereto and any amendments thereto which do not increase the Grantee’s obligations. The Grantee agrees to comply with all applicable federal, state and municipal laws, rules and regulations in its performance pursuant to the agreement.

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

AYES: Councilmen Baker, Butler, Calogera, Maher, Testino, Volkert.

NAYS: None.

ABSENT: Councilmen Greene, Councilwoman Panos.

HEARING

H-1 Consumption License # 1209-33-004-002 Sideline Lounge T/A Club 516. (RMS)

Mr. Rodney Fredda, the licensee was in attendance for the hearing and stated that he had no objections to the conditions placed on the license.

AUTHORIZING RENEWAL OF PLENARY RETAIL CONSUMPTION LIQUOR LICENSE NO. 1209-33-004-002 SIDELINE LOUNGE T/A CLUB 516

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

RESOLUTION #249-06

WHEREAS, the applicant listed below has applied to the Township of Old Bridge, in the County of Middlesex and State of New Jersey for the renewal of their Plenary Retail Consumption License for the period of 2006-2007; and

WHEREAS, they have complied with the rules governing the renewal of Alcoholic Beverage Consumption Licenses and having paid the fee of two thousand five hundred dollars ($2,500.00); and as no objections have been received to the renewal of said license;

NOW, THEREFORE, BE IT RESOLVED that the Clerk of the Township of Old Bridge be and is hereby authorized to issue the applicant a renewal of their Plenary Retail Consumption License for the period 2006-2007, effective July 1, 2006, conditioned upon:

1. On Friday and Saturdays from 6:00 p.m. to closing, the licensee will have someone on duty at the door to check I.D.

2. That the parking lot be patrolled to make sure that people are not gathering.

State License No. Licensee

1209-33-004-002 SIDELINE LOUNGE
T/A CLUB 516
60 STATE HIGHWAY 516
OLD BRIDGE, N.J. 08857

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

LIQUOR LICENSE RENEWALS

President Gillespie stated that the Township Clerk reported that all the qualifications have been met for the renewal of the liquor licenses.

AUTHORIZING RENEWAL OF PLENARY RETAIL CONSUMPTION LICENSE NO. 1209-33-001-003 OUTBACK MIDATLANTIC–I LIMITED PARTNERSHIP

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

RESOLUTION #250-06

WHEREAS, the applicant listed below has applied to the Township of Old Bridge, in the County of Middlesex and State of New Jersey for the renewal of their Plenary Retail Consumption License for the period of 2006-2007; and

WHEREAS, they have complied with the rules governing the renewal of Alcoholic Beverage Consumption Licenses and having paid the fee of Two thousand five hundred dollars ($2,500.00); and as no objections have been received to the renewal of said license.

NOW, THEREFORE, BE IT RESOLVED that the Clerk of the Township of Old Bridge be and is hereby authorized to issue the applicant a renewal of their Plenary Retail Consumption License for the period 2006-2007, effective July 1, 2006.

State License No. Licensee

1209-33-001-003 OUTBACK MIDATLANTIC – I LIMITED PARTNERSHIP
1397 U.S. ROUTE 9
OLD BRIDGE, N.J. 08857

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

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

NAYS: None.

ABSENT: Councilman Greene, Councilwoman Panos.

ABSTAIN: Councilman Testino.

AUTHORIZING RENEWAL OF PLENARY RETAIL CONSUMPTION LIQUOR LICENSE NO. 1209-33-003-008 THE OBLISQUE CORP.

RESOLUTION #251-06

WHEREAS, the applicant listed below has applied to the Township of Old Bridge, in the County of Middlesex and State of New Jersey for the renewal of their Plenary Retail Consumption License for the period of 2006-2007; and

WHEREAS, they have complied with the rules governing the renewal of Alcoholic Beverage Consumption Licenses and having paid the fee of two thousand five hundred dollars ($2,500.00); and as no objections have been received to the renewal of said license;

NOW, THEREFORE, BE IT RESOLVED that the Clerk of the Township of Old Bridge be and is hereby authorized to issue the applicant a renewal of their Plenary Retail Consumption License for the period 2006-2007, effective July 1, 2006