Old Bridge Township, New Jersey - Township Council Meeting Minutes of 1/9/2006

The Reorganization Meeting of the Township Council of the Township of Old Bridge was held on January 9, 2006 in the Municipal Complex. The meeting was called to order by Township Clerk Rose-Marie Saracino who asked all present to participate in a salute to the flag which was followed by a short prayer.

Township Clerk 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 6:05 p.m. by Township Clerk Saracino, showed the following members present: Councilmen Baker, Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos. Councilman Butler was absent.

Clerk Saracino asked for a moment of silence for the troops serving in the Persian Gulf.

Clerk Saracino administered Oaths of Office to following elected Council Members

Robert Volkert – Ward 1

I, Robert Volkert, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of New Jersey; that I will bear true faith and allegiance to the same and the governments established in the United States and in this State, under the authority of the people and that I will faithfully, impartially, and justly perform all the duties of the office of Ward One Councilman of Old Bridge according to the best abilities, so help me God.

William A. Baker – Ward 2

I, William A. Baker, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of New Jersey; that I will bear true faith and allegiance to the same and the governments established in the United States and in this State, under the authority of the people and that I will faithfully, impartially, and justly perform all the duties of the office of Ward Two Councilman of Old Bridge according to the best abilities, so help me God.

G. Kevin Calogera – Ward 4

I, G. Kevin Calogera, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of New Jersey; that I will bear true faith and allegiance to the same and the governments established in the United States and in this State, under the authority of the people and that I will faithfully, impartially, and justly perform all the duties of the office of Ward Four Councilman of Old Bridge according to the best abilities, so help me God.

Richard J. Greene – Ward 5

I, Richard J. Greene, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of New Jersey; that I will bear true faith and allegiance to the same and the governments established in the United States and in this State, under the authority of the people and that I will faithfully, impartially, and justly perform all the duties of the office of Ward Five Councilman of Old Bridge according to the best abilities, so help me God.

Lucille Panos – Ward 6

I, Lucille Panos, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of New Jersey; that I will bear true faith and allegiance to the same and the governments established in the United States and in this State, under the authority of the people and that I will faithfully, impartially, and justly perform all the duties of the office of Ward Six Councilwoman of Old Bridge according to the best abilities, so help me God.

Clerk Saracino asked for nominations for Council President.

COUNCIL PRESIDENT FOR A TERM ENDING DECEMBER 31, 2007

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

RESOLUTION #1-06

Patrick M. Gillespie be appointed as Council President for the Township of Old Bridge, term ending December 31, 2007.

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

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

NAYS: None.

ABSENT: Councilman Butler.

ABSTAIN: Councilman Calogera.

Deputy Clerk Ward administered the Oath of Office as Council President to Councilman Gillespie and turned the meeting over to Council President Gillespie.

Council President Gillespie asked for nominations for Council Vice President

Councilwoman Panos nominated Councilman Greene as Vice-President. There was no second

COUNCIL VICE PRESIDENT FOR A TERM ENDING DECEMBER 31, 2007

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

RESOLUTION #02-06

William A. Baker be appointed as Council Vice President for the Township of Old Bridge, term ending December 31, 2007.

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

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

NAYS: None.

ABSENT: Councilman Butler.

ABSTAIN: Councilman Calogera.

Deputy Clerk Ward administered the Oath of Office for Council Vice President to Councilman Baker

ECONOMIC DEVELOPMENT CORPORATION – TERM EXPIRING 12/31/08

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

RESOLUTION #3-06

Robin Rosen be appointed to the Economic Development Commission for a term ending December 31, 2008.

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: Councilman Calogera.

ABSENT: Councilman Butler.

ABSTAIN: Councilman Greene, Councilwoman Panos.

ECONOMIC DEVELOPMENT CORPORATION – TERM EXPIRING 12/31/08

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

RESOLUTION #04-06

Joseph Arena be appointed to the Economic Development Commission for a term ending December 31, 2008.

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

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

NAYS: None.

ABSENT: Councilman Butler.

ECONOMIC DEVELOPMENT CORPORATION – TERM EXPIRING 12/31/08

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

RESOLUTION #05-06

Mark Proudman be appointed to the Economic Development Commission for a term ending December 31, 2008.

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

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

NAYS: None.

ABSENT: Councilman Butler.

ABSTAIN: Councilwoman Panos.

Councilman Calogera nominated Linda Seiler for the Economic Development Corporation, the nomination was seconded by Councilwoman Panos. No vote was taken because the positions were already filled by the first three nominations.

ETHICS BOARD – CLERGY - TERM EXPIRING 12/31/10

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

RESOLUTION #06-06

Rabbi Wernick be appointed to the Ethics Board for a term expiring 12/31/2010

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

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

NAYS: None.

ABSENT: Councilman Butler.

HUMAN RELATIONS COMMITTEE – TERM EXPIRING 12/31/08.

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

RESOLUTION #07-06

Joseph Mannucci, Jr. be appointed to the Human Relations Committee for a term expiring 12/31/08

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

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

NAYS: None.

ABSENT: Councilman Butler.

HUMAN RELATIONS COMMITTEE – TERM EXPIRING 12/31/08.

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

RESOLUTION #08-06

Martha Guismondo be appointed to the Human Relations Committee for a term expiring 12/31/08.

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

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

NAYS: None.

ABSENT: Councilman Butler.

OPEN SPACE COMMITTEE – TERM EXPIRING 12/31/08

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

RESOLUTION #09-06

Bob Nagler be appointed to the Open Space Committee for a term ending December 31, 2008.

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

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

NAYS: Councilmen Calogera, Greene, Councilwoman Panos.

ABSENT: Councilman Butler.

OPEN SPACE COMMITTEE – TERM EXPIRING 12/31/06 – 2 COUNCIL MEMBERS

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

RESOLUTION #10-06

Edward Testino and Lucille Panos (Council Members) be appointed to the Space Committee for a term ending December 31, 2006

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

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

NAYS: None.

ABSENT: Councilman Butler.

PARKING & TRANSPORTATION COMMITTEE – TERM EXPIRING 12/31/08

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

RESOLUTION #11-06

Ann Peel be appointed to the Parking & Transportation Utility for a term ending December 31, 2008.

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

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

NAYS: None.

ABSENT: Councilman Butler.

PLANNING BOARD – COUNCIL MEMBER – TERM EXPIRING 12/31/06

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

RESOLUTION #12-06

Robert Volkert, Council Member, be appointed to the Planning Board for a term ending December 31, 2006.

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

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

NAYS: None.

ABSENT: Councilman Butler.

PUBLIC DEFENDER – TERM EXPIRING 12/31/06

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

RESOLUTION #13-06

WHEREAS, the Township Council of the Township of Old Bridge recognizes that there is a need to employ an Attorney-At-Law to act as Public Defender to give legal advice to those defendants in municipal court who quality for legal services as an indigent; and

WHEREAS, New Jersey statutes provides that the Township of Old Bridge may appoint an Attorney-At-Law as Public Defender; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.) requires that the Township of Old Bridge adopt a resolution authorizing the appointment of a Public Defender under the exceptions for “professional services” without competitive bids or the same must be publicly advertised.

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

1. Marc Schram is hereby appointed as Public Defender for the Township of Old Bridge Municipal Court for a one-year term commencing on January 1, 2006 and terminating December 31, 2006; he shall be so employed by the Township of Old Bridge and eligible for all benefits to which Old Bridge employees are entitled, except for medical insurance benefits, and shall serve at a salary of $15,000.00 per annum.

2. This appointment is made without competitive bidding as a “Professional Service” under the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq) in that the services to be rendered are to be rendered by a professional recognized and licensed by the State of New Jersey.

3. A copy of this resolution, certified to be a true copy shall be published in the official newspaper of the Township of Old Bridge as required by law.

4. A copy of this resolution, certified to be a true copy shall be forwarded to the Township Attorney, Municipal Court Judge, the Payroll Department and Marc Schram.

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

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

NAYS: None.

ABSENT: Councilman Butler.

RECREATION COMMITTEE – 7 MEMBERS – TERMS EXPIRING 12/31/07

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

RESOLUTION #14-06

WHEREAS, the following 7 persons be appointed to the Recreation Committee for a term ending December 31, 2007:

Steven Donohue, Kerry Frew, Nick Antofermo, Ray Battaglino, Ashokkumar Patel, Jody Huss, James D Lamites

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

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

NAYS: None.

ABSENT: Councilman Butler.

RECREATION COMMITTEE – 3 COUNCIL LIAISONS REPRESENTATIVES TERMS EXPIRING 12/31/06

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

RESOLUTION #15-06

Richard Greene, Kevin Calogera, William Baker - Council Liaisons, be appointed to the Recreation Committee for a term expiring 12/31/06.

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

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

NAYS: None.

ABSENT: Councilman Butler.

REDEVELOPMENT COMMISSIONER, COUNCIL MEMBER – TERM EXPIRING 12/31/06

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

RESOLUTION #16-06

Edward Testino, be appointed as a Redevelopment Commissioner to a term expiring 12/31/06.

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

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

NAYS: None.

ABSENT: Councilman Butler.

RENT STABILIZATION – HOMEOWNER – TERM EXPIRING 12-31-08
RENT STABILIZATION – TENANT – TERM EXPIRING 12-31-08

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

RESOLUTION #17-05

Eileen Powers, Homeowner, be appointed to the Rent Stabilization Board to a term expiring 12/31/08

Steven Nessell, Tenant, be appointed to the Rent Stabilization Board to a term expiring 12/31/08

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

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

NAYS: None.

ABSENT: Councilman Butler.

TAX ASSESSMENT SEARCH OFFICER – TERM EXPIRING 12/31/06

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

RESOLUTION #18-06

Rose-Marie Saracino, be appointed Tax Assessment Search Officer for a term ending December 31, 2006.

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

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

NAYS: None.

ABSENT: Councilman Butler.

TAX SEARCH OFFICER – TERM EXPIRING 12/31/06

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

RESOLUTION #19-06

Carol Sereda, be appointed as Tax Search Officer for a term ending December 31, 2006.

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

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

NAYS: None.

ABSENT: Councilman Butler.

UTILITIES AUTHORITY, REGULAR MEMBER, TERM EXPIRING 1/31/2011

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

RESOLUTION #20-05

Edward Testino, Regular Member, be appointed to the Utilities Authority for a term expiring January 31, 2011.

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

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

NAYS: None.

ABSENT: Councilman Butler.

ABSTAIN: Councilman Testino.

ZONING BOARD OF ADJUSTMENT, 2 REGULAR MEMBERS TERM EXPIRING 12/31/09

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

RESOLUTION #21-06

Ramesh Patel and Kevin Colletti be appointed to the Zoning Board of Adjustment for a term ending December 31, 2009.

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

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

NAYS: None.

ABSENT: Councilman Butler.

ZONING BOARD OF ADJUSTMENT, ALTERNATE # 2 TERM EXPIRING 12/31/07

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

RESOLUTION #22-06

James Sullivan, Alternate No. 2, be appointed to the Zoning Board of Adjustment for a term ending December 31, 2007.

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

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

NAYS: None.

ABSENT: Councilman Butler.

ABSTAIN: Councilman Calogera, Councilwoman Panos.

Councilman Calogera nominated Linda Seiler as Alternate No 2 Member to the Zoning Board. There was no second

DESIGNATING OFFICIAL NEWSPAPER

RESOLUTION #23-06

WHEREAS, the Home New Tribune is the official newspaper of the Township of Old Bridge and the Star Ledger is the secondary newspaper for advertising.

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

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

NAYS: None.

ABSENT: Councilman Butler.

ESTABLISHING INTEREST ON DELINQUENT TAXES

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

RESOLUTION #24-06

WHEREAS, R.S 54:4-67 permits the governing body of each municipality to fix the rate of interest to be charged for nonpayment of taxes or assessments subject to any abatement or discount for the late payment of taxes as provided by law;

WHEREAS, R.S. 54:4-67 permits the governing body of each municipality to fix the rate of interest for the nonpayment of other municipal liens and solid waste utility charges; and

WHEREAS, R.S. 54:4-67 has been amended to permit the fixing of said rate of 8% per annum on the first $1,500.00 of the delinquency and 18% per annum on any amount in excess of $1,500.00.

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. The Tax Collector is hereby authorized and directed to charge 8% per annum on the first $1,500.00 of taxes becoming delinquent after due date and 18% per annum on any amount of taxes in excess of $1,500.00 becoming delinquent after due date, subject to any abatement or discount for the late payment of taxes as provided by law.

2. The Utility Revenue Collector is hereby authorized and directed to charge 8% per annum on solid waste utility charges becoming delinquent after due date.

3. No interest shall be charged if payment of any quarterly tax payment is made within ten (10) days of the date upon the same becomes payable.

4. In connection with any delinquency of taxes, assessments or municipal charges in excess of $10,000 which has not been paid prior to the end of a fiscal year, there shall be imposed a penalty in the sum equal to 6% percent of the delinquency in excess of $10,000.

5. With respect to tax certificates held by the municipality in excess of the sum of $200, the following additional penalties shall be charged: two (2%) percent on the amount due over $200 up to $5,000; four (4%) percent of the amount due over $5,000 up to $10,000; and six (6%) percent on the amount in excess of $10,000.

6. Any payments not made in accordance with paragraph two of this resolution shall be charged interest from the due date as set forth in paragraph one of this resolution.

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

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

NAYS: None.

ABSENT: Councilman Butler.

ABSENT PODIUM: Councilwoman Panos.

LIBRARY BOARD MEMBER – TERM EXPIRING 12/31/2010

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

RESOLUTION #25-06

the Township Council hereby confirms the Mayor=s appointment of Bina K. Desai to the Library Board for a term ending December 31, 2010.

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

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

NAYS: None.

ABSENT: Councilman Butler.

ABSENT PODIUM: Councilwoman Panos.

YOUTH GUIDANCE, BOARD OF EDUCATION MEMBER – TERM EXPIRING 12/31/08

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

RESOLUTION #26-06

the Township Council hereby confirms the Mayor's appointment of Frank Piccillo to the Youth Guidance Council, Board of Education Member for a term ending December 31, 2008.

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

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

NAYS: Councilman Calogera.

ABSENT: Councilman Butler.

ABSENT PODIUM: Councilwoman Panos.

MOTION

to adjourn at 6:40 p.m. by Councilman Baker, seconded by Councilman Volkert and so ordered on an all aye vote

________________________________
Patrick Gillespie, Council President

_____________________________________
Rose-Marie Saracino, Township Clerk

lq
distributed:

OLD BRIDGE TOWNSHIP COUNCIL

COMBINED MEETING

January 9, 2006

A Combined meeting of the Township Council of the Township of Old Bridge was held on January 9, 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.

Deputy Clerk Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places.

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

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

Certificate of Recognition

Council President

Mayor Phillips presented former Council President William Baker with a Certificate of Recognition for the service as Council President over the last two years.

Councilman Baker thanked the Mayor and Township Council and wished Council President Gillespie luck.

INTRODUCTION (TC & RB)

Introduction of New Police Officers

Mayor Phillips stated that along with the Chief he was pleased to hire Herbert Doctors, Nicholas Schulmeister and Curt Halas as police officers. Mayor Phillips stated that by hiring these officers part of fulfilling his promise to keep the police department at a strength of 104 officers.

Acting Police Chief Robert Bonfante introduced the following officers to the Township Council and residents after which Deputy Clerk Stella Ward swore in the officers Herbert Doctors, Nicholas Schulmeister and Curt Halas

The Township Council welcomed the new Police Officers to the Township of Old Bridge Police Department.

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 #27-06

WHEREAS, the following minutes are hereby approved:

November 14, 2005 Agenda & Executive – November 21, 2005 Regular
December 5, 2005 Agenda & Executive – December 12, 2005 Regular

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

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

NAYS: None.

ABSENT: Councilman Butler.

ABSENT PODIUM: 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 #28-06

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 January 9, 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 January 9, 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 $11,876,195.93 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilman Butler.

BILL LIST

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

RESOLUTION #29-06

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

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

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

NAYS: None.

ABSENT: Councilman Butler.

BILL LIST

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

RESOLUTION #30-06

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

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

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

NAYS: Councilman Maher.

ABSENT: Councilman Butler.

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

RESOLUTION #31-06

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

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

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

NAYS: None.

ABSENT: Councilman Butler.

BILL LIST

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

RESOLUTION #32-06

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

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

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

NAYS: Councilmen Calogera, Maher.

ABSENT: Councilman Butler.

Prior to the vote the following discussion took place.

Councilman Calogera asked how much of the overtime was for snow removal.

Mr. Shah stated that it was about $27,000.00

Preliminary Public Comments

None.

Ordinance for Second Reading

Township of Old Bridge
Ordinance No. 38-2005

SECTION 1

The Township of Old Bridge has introduced the Township of Old Bridge Code Book, 2005 – Titled “Ordinance #38-2005” at the meeting of November 21, 2005 which is a complete rewrite of its existing code book. The entire code book will be available on line at www.oldbridge.com after it is introduction and a hard copy has been filed in the office of the Municipal Clerk at One Old Bridge Plaza, Old Bridge, New Jersey, 08857, and will remain there for the use and examination by the public until final action is taken by the Council and thereafter while it is in effect if it is adopted. The code book is a codified book of ordinances regarding administrative, general and health code legislation in the Township of Old Bridge. Copies are available for inspection at the Library at the Municipal Complex. The Public hearing is scheduled for December 5, 2005 at the Main Municipal Building at 7:30 P.M.

The following Chapters are included:

OLD BRIDGE CODE
Table of Contents

General Provisions 1:1
Administration of Government 5:1
Vehicles and Traffic 10:1
Adult Entertainment 14:1
Air Pollution 21:1
Alarms and Alarm Systems 26:1
Alcoholic Beverages 30:1
Amusement Devices 35:1
Animals 39:1
Beach and Recreation Areas 52:1
Bows and Arrows 67:1
Business Establishments 86:1
Bus Shelters 90:1
Camping 93:1
Carnivals and Circuses 95:1
Conservation Easements, Notification of 103:1
Conservation Codes, Uniform 108:1
Curfew 114:1
Defense and Indemnification of Officers and Employees 119:1
Drug- and Drunk-Driving-Free Zones 124:1
Dry Cleaning Establishments, Coin Operated 133:1
Ethics 145:1
Farm, Right to 151:1
Fees 160:1
Fences 164:1
Festivals; Mass Gatherings 169:1
Fire Fighting 176:1
Fire Insurance Claims 180:1
Fire Prevention 185:1
Fireworks 189:1
Flea Markets 193:1
Flood Damage Prevention 198:1
Food and Beverages 203:1
Games of Chance 210:1
Graffiti 215:1
Hazardous Materials 221:1
Heating Devices 226:1
Homebuyers' Protection 230:1
Housing 235:1
Jewelry, Secondhand 242:1
Junkyards 247:1
Laundries, Self-Service 254:1
Library 258:1
Littering 265:1
Lunch Wagons, Mobile 273:1
Maps and Photographs 277:1
Mosquito Breeding Control 284:1
Multiple Dwellings 290:1
Mutual Aid 294:1
Noise 300:1
Nuisances 305.1
Numbering of Buildings 309:1
Obscene Materials 314:1
Parking Facilities 325:1
Parking Permits 331:1
Peace and Good Order 342:1
Peddling and Soliciting 347:1
Personnel Policies 351:1
Pesticide Control 355:1
Property Maintenance 366:1
Racetracks 373:1
Records, Public 380:1
Rental Property 388:1
Sales, Holiday; Christmas Trees Sales 394:1
Smoking in Public Buildings 422:1
Solid Waste 429:1
Stormwater Quality 432:1
Streets and Sidewalks 435:1
Swimming Pools, Public 438:1
Taxation 442:1
Taxicabs; Limousines 446:1
Tobacco, Sale of 450:1
Trees 457:1
Vehicles, Abandoned 463:1
Vehicles and Traffic See Ch. 10
Vehicles, Motorized Recreational 469:1
Vehicles, Sales of 475:1
Vendors 502:1
Volunteer Incentives 510:1
Water Systems; Water Supply 515:1
Water Shortage Emergency 519:1
Wreckers and Towing 527:1
Youth Camps 536:1
Youth Sports Code of Conduct 540:1

APPENDIX

Cable Television Franchise A600:1

DERIVATION TABLE

DISPOSITION LIST

INDEX

SECTION 2: INCONSISTENT ORDINANCES

All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency.

SECTION 3. PARTIAL INVALIDITY

If any section, paragraph, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged and the remainder shall be deemed valid and effective.

SECTION 4. EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the township council by delivering to the Township Clerk pursuant to N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the ordinance pursuant to N.J.S.A. 40:69A-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 N.J.S.A. 40:69A-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 Township Council and approval by the Mayor, where such approval is required, unless the Township Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Township Council vote in favor of such resolution.

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

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

NAYS: None.

ABSTAIN: Councilman Greene, Councilwoman Panos.

ABSENT: Councilman Butler.

Prior to the vote the following discussion took place.

Attorney Convery stated that this has been a long process. The council has been provided a packet with the changes that have been made. There were issues raised regarding two sections of the Administrative Section and because of that Attorney Convery requested those two sections be deleted. They are Section 5.62A with deals with the appointment of the Assistant Municipal Attorney and Section 5.36 which deals with the Deputy Municipal Clerk. Attorney Convery asked for a motion to delete these two sections, rather than try and amend them with substantial changes to the Codification Ordinance. Attorney Convery stated that by deleting these sections, the positions would still be preserved but the provisions would revert back to the existing ordinances pertaining to these positions.

MOTION

to delete Section 5.62A and Section 5.36 by Councilman Baker, seconded by Councilman Volkert and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Butler.

Prior to the vote the following discussion took place.

Attorney Convery stated that the public hearing has already been held and there is no reason to open it to the public again, unless the Council President wants to.

Councilman Calogera asked if the liquor license fees that are contained in Chapter 30 are renewed every year.

Attorney Convery stated that the renewals are every year and these increases have been recommended by the Township Clerk. According to the Codification Editor, these fees are less than the maximum that are allowed by the State.

Councilman Calogera stated that he has received information from a Township merchant showing that none of the surrounding townships are as high as the $2,270.00 that we are currently charging. Councilman Calogera is concerned that we are burdening township businesses with excessive fees.

President Gillespie asked if these fees are a change in fees that we are now charging.

Councilman Calogera asked if in passing this ordinance the Township Clerk will in the future be able to raise the fees. Councilman Calogera stated that he was under the impression that the Council should vote on the raising of fees.

Attorney Convery stated that this increase was recommended by the Township Clerk and the Council has been provided with eight pages of her notes before the meeting.

Councilman Calogera asked if by passing this Codification ordinance are we automatically raising the fees.

Attorney Convery stated that some of the fees which are being increased have been the same amount since 1973. This is an attempt to codify the fees and bring them up to a standard that is consistent with the burden of administering these services.

Councilman Calogera stated that the renewal fee in 2005 for a plenary license is $2,270.00 in Old Bridge. In surrounding municipalities they are $700.00 in Matawan, $746.00 in South Amboy, $1,200.00 in Woodbridge and $780.00 in Sayreville. Councilman Calogera believes that the renewal fees are not in line with our surrounding towns and feels that we are over burdening local businesses.

Councilman Greene stated that he understands that this has been a long and difficult process and appreciates all the work that Attorney Convery has done on this. Councilman Greene stated that he was always believed that there was not going to be substantial changes made in the Codification, only to realize after the introduction there were substantial changes. Councilman Greene stated he was concerned about citizens coming up to him and asking why he raised fees, and he knows nothing about it. Councilman Greene suggested that a workshop be held on the Codification so that Council members know exactly what the changes are. Councilman Greene stated he received a packet of the changes after the introduction of this ordinance and is not comfortable voting for this because there may be other substantial changes that the Council is not aware of.

President Gillespie stated that this item has been on the agenda five or six times and the that the Clerk's office has made all the information available long before the first reading. President Gillespie stated that the Council needs to be cognizant of the changes being made and if certain council members did not read their packets, “shame on them”. President Gillespie stated that now is not the proper time to ask for a workshop.

Councilman Greene stated that he asked for a workshop previously and the Township Attorney can vouch for that.

Councilman Testino stated that this has been a very long process and he remembers working with the former Township Attorney, William Ruggierio on this. Councilman Testino stated that Attorney Convery has assured him that he has made all the highlighted changes. Councilman Testino stated that he was comfortable with the way the process has progressed and is glad the council was able to delete the two sections tonight. Councilman Testino stated that he has taken enough time in reviewing this and has been assured by the Township Attorney that there has been no other changes in the Council's power. If there are other substantial changes that no one has caught they can always be revisited and addressed by separate ordinance, like what will be done with the two sections that have been deleted tonight.

Attorney Convery stated that he will be bringing the section pertaining to the legal department back before the Council because he believes that there needs to be a correction. The Attorney will leave it up to the Township Clerk to come back before the council for her changes.

Councilwoman Panos stated that she understands that this has been a long process and that the Attorney has strove for perfection. Councilwoman Panos suggested tabling the ordinance until after a workshop so that perfection can be achieved.

Attorney Convery stated that the Codification in a continuing process and that the Clerk will be sending all the new ordinances that are passed to the Codifier. Attorney Convery requested that the Council pass this ordinance tonight and after a workshop any outstanding issues can be revisited and amended through ordinances.

Councilman Calogera asked if the fee amounts can be amended through ordinance.

Attorney Convery stated that you can amend any portion of the Codification Ordinance at any time in the future.

Councilman Calogera requested that Section 30:70A, pertaining to the liquor license fees be removed from the ordinance. Councilman Calogera stated that he is concerned because the State just passed the smoking ban for bars and restaurants and is knows that this will affect business revenues.

President Gillespie stated that it has always been the Township's practice (even in the prior Administration) to raise fees to the State maximum.

Mayor Phillips suggested that a workshop be scheduled on Section 30:70A and the other two Sections that were removed tonight. If the fees are reduced after the workshop process anybody that paid the increased fees would receive a refund. Mayor Phillips urged the Council to pass the Codification Ordinance tonight, the last time that the ordinances were codified was 1973 and it is not fair to the residents to not have the township ordinances codified and available to the them.

Councilman Calogera stated that he would vote for the ordinance if indeed a workshop is scheduled.

Councilman Greene stated that his problem with the codification ordinance was that it did not highlight the fees that were being increased and what they are being increased from. Councilman Greene also requested that if in his review of the ordinance he finds another area with a substantial change, that also be included in the workshop.

Mayor Phillips stated that there is software available that would highlight the changes in the ordinance, something like what they use in the Senate with amendments to bills. Mayor Phillips suggested that Mr. Shah look into this software.

Councilwoman Panos requested that Section 30:70A be removed because these businesses support our school sport teams and bands.

MOTION DENIED

to delete Section 30:70A (Liquor License Fees) by Councilwoman Panos, seconded by Councilman Greene and so DENIED on the following roll call vote:

AYES: Councilmen Calogera, Greene, Councilwoman Panos.

NAYS: Councilman Baker, Maher, Testino, Volkert, President Gillespie.

ABSENT: Councilman Butler.

Ordinance for Second Reading TABLED

TOWNSHIP OF OLD BRIDGE
ORDINANCE #39-2005

AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF OLD BRIDGE BY ADDING A NEW ARTICLE III, POSSESSION OR CONSUMPTION ON PRIVATE PROPERTY BY UNDERAGE PERSONS, TO CHAPTER 30, ALCOHOLIC BEVERAGES, WHICH RESTRICTS THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES BY UNDERAGE PERSONS, AND WHICH ALSO CONTAINS PENALTIES FOR VIOLATION THEREOF

WHEREAS, the Township Council has determined it to be in the best interest of the Township of Old Bridge to adopt regulations restricting the consumption and possession of alcoholic beverages by underage persons on private property; and

WHEREAS, the Township is engaged in a codification project at this time; and

WHEREAS, it is the opinion of the Township Council that said provisions should be adopted in conjunction with the adoption of the Code of the Township of Old Bridge and be designated as Article III of Chapter 30, Alcoholic Beverages;

THEREFORE the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey does hereby ordain as follows:

Section 1:

The following shall be adopted as Article III of Chapter 30, Alcoholic Beverages, of the proposed Code of Township of Old Bridge:

ARTICLE III
Possession or Consumption on Private Property by Underage Persons

Section 30-13 Underaged possession or consumption.

It shall be unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.

Section 30-14 Definitions

As used in this article, the following terms shall have the meanings set forth:

GUARDIAN – A person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.

RELATIVE – The underaged person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.

Section 30-15. Violations and penalties; suspension of driving privileges.

A. Any person violating the provisions of this article shall, in accordance with the provisions of N.J.S.A. 40:48-1.2, be punished by a fine of $250.00 for a first offense and $350.00 for any subsequent offense.

B. In addition to the fine authorized for this offense, the court may suspend or postpone for six months the driving privileges of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to N.J.S.A. 40:48-1.2. If a person at the time of the imposition of sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

C. If a person at the time of the imposition of a sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Division of Motor Vehicles along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color and the sex of the person, as well as the first and last date of the license suspension period imposed by the court.

D. The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of written notice in writing. Failure to receive a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.

E. If a person convicted under this article is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresidential driving privilege of the person based on the age of the person and submit to the Division of Motor Vehicles on the required report. The court shall not collect the license of a nonresidential convicted under this article. Upon receipt of a report from the court, the Division of Motor Vehicles shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

Section 30-16 Exceptions

A. Nothing contained in this article is intended, nor shall it be construed, as prohibiting an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.

B. Nothing contained in this article is intended nor shall it be construed as prohibiting possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes or while actively engaged in the preparation of food while enrolled in a culinary arts or a hotel management program at a county vocational school or post-secondary educational institution; provided, however, that this article shall not be construed to preclude the imposition of a penalty under this article, N.J.S.A. 33:1-81 or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.

Section 2. Inconsistent Ordinances

All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency.

Section 3. Partial Invalidity.

Section 4. Effective Date.

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Township Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40A:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Council vote in favor of such resolution.

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

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

NAYS: Councilman Greene.

ABSENT: Councilman Baker.

ABSENT PODIUM: Councilman Calogera.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 01-2006

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AUTHORIZING THE SALE OF A VACATED WALKWAY TO THE ADJOINING PROPERTY OWNERS

WHEREAS, the Township of Old Bridge is authorized by the provisions of N.J.S.A. 40:60-28 to vacate land that is no longer needed for public use; and

WHEREAS, the Township of Old Bridge may make a private sale of and convey the lands so vacated to adjoining property owner(s); and

WHEREAS, the Township of Old Bridge desires to convey a 15' foot wide walkway located between Block 11, Lots 352 and 351 Shoreland Circle in the Township of Old Bridge to the adjoining property owner(s).

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

1. The 15' wide walkway located between Block 11, Lots 352 and 351 Shoreland Circle is hereby vacated subject to conveyance to the adjoining property owner(s).

2. The Township Attorney, Mayor and Township Clerk are hereby authorized and directed to execute and deliver any document necessary to effectuate the subject conveyance.

3. All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency.

4. 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 of the ordinance shall be deemed valid or effective.

5. This ordinance shall take effect twenty (20) days after publication thereof after final adoption, unless the council shall adopt a resolution at final adoption declaring an emergency and at least two-thirds of all the members of the Township Council shall vote in favor of such resolution pursuant to N.J.S.A. 40:69A-181 and upon this ordinance taking effect shall not be retroactive.

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

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

NAYS: Councilman Greene.

ABSENT: Councilman Calogera.

ABSENT: Councilman Butler.

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

Consent Agenda

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

BINGO/RAFFLE

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

RESOLUTION #33-06

WHEREAS, the following organizations have made application to hold, operate and conduct a BINGO 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 28-06 St. Ambrose Home School
RA 29-06 Holmdel Education Foundation
RA30-06 Beez Foundation
RA31-06 Old Bridge High School PTA

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

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

NAYS: None.

ABSENT: Councilman Butler.

RESOLUTION MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR MATTHEW DASKALAKIS

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

RESOLUTION #34-06

WHEREAS, Matthew Daskalakis, 3 Crawford Place, Old Bridge, New Jersey, is now seeking a release of the performance guarantee; and

WHEREAS, a bond hearing was held on November 14, 2005 at which time the Township Engineer and the Township Council were heard regarding said request; and

WHEREAS, the previous concerns outlined in the report of the acting Township Engineer have been satisfactorily addressed; and

WHEREAS, the Township Engineer, by memorandum dated October 20, 2005, recommends that the release requested for Matthew Daskalakis be granted as follows, pending receipt of a two-year, 15% maintenance guarantee in the amount of $400.50, subject to review and approval by the Township Attorney:

Performance Bond $2,403.00
Original Cash Deposit 267.00
$2,670.00

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the performance guarantee for Matthew Daskalakis be released as indicated above.

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

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

NAYS: None

ABSENT: Councilman Butler

RESOLUTION MEMORIALIZING REDUCTION OF PERFORMANCE GUARANTEE FOR FARRINGTON RIDGE

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

RESOLUTION #35-06

WHEREAS, Farrington Ridge, located in the Township of Old Bridge is now seeking a release of the performance guarantee; and

WHEREAS, a bond hearing was held on December 12, 2005 at which time the Township Engineering Consultant and the Township Council were heard; and

WHEREAS, the Consulting Engineer CME Associates has performed an inspection and determined that the bonded items are substantially complete; and

WHEREAS, there is a punch list which needs to be completed; and

WHEREAS, the Consulting Engineer CME Associates, by memorandum dated November 11, 2005, recommends a reduction to 30% as follows:

Original Performance Bond $660,584.70
This Reduction Amount $462,409.29
Performance Bond Required $198,175.41

Original Cash Deposit $73,398.30
This Reduction Amount $51,378.81 (To be returned)
Cash to be Retained: $22,019.49

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the performance guarantee for Farrington Ridge be reduced to 30% (thirty percent) as indicated above.

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

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

NAYS:` None.

ABSENT: Councilman Butler

RESOLUTION AUTHORIZING INTER-LOCAL SERVICE AGREEMENT WITH PISCATAWAY TOWNSHIP IN A COOPERATIVE PRICING SYSTEM FOR PURCHASE OF LEAF BAGS

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

RESOLUTION #36-06

WHEREAS, the Township of Old Bridge is authorized to enter into an inter-local service agreement with Piscataway Township pursuant to N.J.S.A. 40A:11 c; and

WHEREAS, the Township of Old Bridge shall enter into an inter-local service agreement with Piscataway Township to participate in a cooperative pricing system for purchase of leaf bags; and

WHEREAS, a copy of this Agreement is available for inspection at the Township Clerk's Office.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey hereby authorizes the execution of an inter-local service agreement with Piscataway Township to participate in a cooperative pricing system for purchase of leaf bags; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign the inter-local services agreement after approval by the Township Attorney.

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

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

NAYS: None.

ABSENT: Councilman Butler.

RESOLUTION CANCELING OUTSTANDING CHECKS

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

RESOLUTION #37-06

WHEREAS, there are certain Workers Compensation 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 – WORKERS COMPENSATION ACCT BERKLEY RISK MANAGERS

Date Check Amount Issued No.

5/17/00 5518 75.00
9/8/03 5721 915.40
$990.40

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the above listed outstanding checks totaling $990.40 be canceled.

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

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

NAYS: None.

ABSENT: Councilman Butler.

AUTHORIZING THE INSERTION OF A SPECIAL ITEM OF REVENUE (CHAPTER 159) IN CONNECTION WITH THE DRUNK DRIVING ENFORCEMENT GRANT IN THE AMOUNT OF $20,007.16

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

RESOLUTION #38-06

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 $20,007.16 from the Drunk Driving Enforcement 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 $20,007.16 which is now available as a revenue from: Drunk Driving Enforcement Grant

BE IT FURTHER RESOLVED that a like sum of $20,007.16 be and the same is hereby appropriated under the caption of: Drunk Driving Enforcement 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 Baker, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Butler.

AUTHORIZING THE INSERTION OF A SPECIAL ITEM OF REVENUE (CHAPTER 159) IN CONNECTION WITH THE ENHANCED 9-1-1 GRANT IN THE AMOUNT OF $58,997.00

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

RESOLUTION #39-06

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 $58,997.00 from the Enhanced 9-1-1 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 $58,997.00 which is now available as a revenue from: Enhanced 9-1-1 Grant

BE IT FURTHER RESOLVED that a like sum of $58,997.00 be and the same is hereby appropriated under the caption of: Enhanced 9-1-1 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 Baker, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Butler.

RESOLUTION AUTHORIZING CONTINUATION OF CONTRACT #2005-28 FOR RENOVATIONS/IMPROVEMENTS TO THE OLD BRIDGE TOWNSHIP THOMAS J. ENGLISH ADMINISTRATIVE BUILDING AND THE RICHARD ALLEN COOPER CIVIC CENTER.

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

RESOLUTION #40-06

WHEREAS, the Township of Old Bridge entered into a contract with Tri-Form Construction, Inc., for renovations/improvements to the Old bridge Township Thomas J. English Administrative Building and Civic Center; and

WHEREAS, the funding for “Add Alternative #2”, in the amount of $30,140.00 which was previously approved, are now available.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex and State of New Jersey that Contract #2005-28 for “Add Alternate #2” in the amount of $30,140.00 previously approved be continued through funding which is now available through bonds that have been awarded for capital projects.

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

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

NAYS: None.

ABSENT: Councilman Butler.

RESOLUTION AWARDING CONTRACT #2005-38 FOR PENSION ROAD PARK GRADING AND IRRIGATION

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

RESOLUTION #41-06

WHEREAS, the Township of Old Bridge advertised and received three bids for Contract #2005-38 for grading and irrigation system for Pension Road Park; and

WHEREAS, bids were received and opened on October 19, 2005; and

WHEREAS, the Township Council wishes to award the contract for the grading and irrigation system for Pension Road Park to the lowest responsible bidder; and

WHEREAS, our Township Director of Parks and Recreation has recommended that a contract be awarded to American Lawn Sprinkler 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. American Lawn Sprinkler Company, with principal offices located at 275 Route79, Unit 4, Morganville, NJ 07751 is hereby awarded a contract in the amount of $186,350.00 for the grading and irrigation system for Pension Road Park.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1412 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 if 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 and 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 Baker, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Butler.

RESOLUTION AUTHORIZING MAYOR AND CLERK TO SIGN AGREEMENT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND THE OLD BRIDGE FIRST AID AND RESCUE SQUAD, INC. TO APPLY TO THE CENTRAL JERSEY JOINT INSURANCE FUND

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

RESOLUTION #42-06

WHEREAS, the Township of Old Bridge and the Old Bridge First Aid and Rescue Squad, Inc. desire to enter into an agreement regarding the Central Jersey Joint Insurance Fund; and

WHEREAS, the Township of Old Bridge is a member of the Central Jersey Joint Insurance Fund and will endorse the application of the Old Bridge First Aid and Rescue Squad, Inc for membership in the Central Jersey Joint Insurance Fund.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Mayor and the Township Clerk are hereby authorized to sign the agreement between the Township of Old Bridge and the Old Bridge First Aid and Rescue Squad, Inc. to apply for membership in the Central Jersey Joint Insurance Fund.

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

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

NAYS: None.

ABSENT: Councilman Butler

RESOLUTION MEMORIALIZING REDUCTION OF PERFORMANCE GUARANTEE FOR OLD BRIDGE FUNERAL HOME

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

RESOLUTION #43-06

WHEREAS, the Old Bridge Funeral Home, located on Route 516 in the Township of Old Bridge, is now seeking a release of the performance guarantee; and

WHEREAS, a bond hearing was held on December 12, 2005 at which time the Township Engineering Consultant and the Township Council was heard; and

WHEREAS, the Consulting Engineer CME Associates has performed an inspection and determined that there are outstanding items which need to be completed; and

WHEREAS, these items need to be completed; and

WHEREAS, the Consulting Engineer CME Associates, by memorandum dated July 14, 2005, recommends a reduction to 76% as follows:

Original Performance Bond $163,618.65
Bond Reduced By $38,545.74 Performance Bond Required $125,072.91

Original Cash Deposit $18,179.85
This Reduction Amount $4,282.86 (To be returned)
Cash to be Retained: $13,896.99

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex State of New Jersey that the performance guarantee for Old Bridge Funeral Home be reduced to 76% (seventy-six percent) as indicated above.

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

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