OLD BRIDGE TOWNSHIP COUNCIL
COMBINED MEETING
January 23, 2006
A Combined Meeting of the Township Council of the Township of Old Bridge was held on Monday, January 23, 2006. The meeting was called to order at 7:30 p.m., by President Gillespie who asked Mrs. Miller to lead the public in a salute to the flag, which was followed by a short prayer. President Gillespie asked all present for a moment of silence for our troops.
Deputy Clerk Ward announced that the meeting was being held in conformance with the Open Public Meetings Act and that notice had been given to the newspaper and posted in public places. Deputy Clerk Ward called the roll with the following answering present:
Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie. Councilman Baker was absent.
CERTIFICATES
Mayor Phillips presented Certificates to Girl Scout Troop #570 to thank them for their participation in "National Make a Difference Day" and their sponsoring of the local drive thru food bank here in Old Bridge. It was a huge success and the girls and their leaders are to be commended. Mayor Phillips also commended the leaders of this troop.
Mayor Phillips presented Certificates to the Old Bridge Hustlers New Jersey State Girls Championship Softball Team on their win of the State Championship. Mayor Phillips also commended the coaches of the team for their leadership.
Councilman Calogera offered his congratulations to the team and the coaches and felt that this was a very good thing for Old Bridge Township and told them to keep up the good work.
HEARINGS
H-1 Release/Reduction of Performance Guarantee Bridgepointe at Harbor Heights.
Attorney Bob McGowan appeared on behalf of Bridgepointe and advised that he had submitted a letter to the Clerk's office requesting a postponement of this hearing as they have not yet completed the "punch list" from CME Associates. Mr. McGowan asked that the hearing be postponed till February 27th so they could have ample time to complete the punch list.
President Gillespie requested that Greg Valesi of CME give a brief statement on the status of this request and his subsequent report to the Council.
Mr. Valesi stated that the punch list is quite lengthy and will take a considerable amount of time to complete these items and some of them are subject to weather conditions and therefore did not believe that February 27th was a viable date. His recommendation was that Bridgepointe review the punch list and when the work has been considerably completed, the applicant make another request. Mr. Valesi further recommended that request be denied or that the applicant withdraw their request at this time and reapply when the punch list had been significantly reduced.
Attorney Bob McGowan agreed to withdraw the request at this time and with Council's consent that they not have to re-notice the homeowners of the new date as long they continue to work with the Homeowner's Association and the Management Company.
David Cannizzo, Vice-president of the Homeowner's Association stated they were in agreement that individual notices did not have to be sent out as long as the Association was notified, who in turn, would notify the homeowners.
President Gillespie stated that we would probably be looking for a date sometime in April or May to rehear this matter.
Joe Cacici, Treasurer of the Homeowner's Association inquired if this meant that no further complaints could be made against Bridgepointe?
Mr. Valesi explained that when the application is reheard, then notice to the homeowners will be the burden of the Association and not the developer.
Attorney McGowan stated that they would notify the Homeowner's Association attorney, as well as Tap Management Company and the Home Owner's Association Board members.
H-2 Release/Reduction Performance Guarantee Town Sports International/New York Sports Club
President Gillespie inquired if anyone was present to represent this entity. Hearing no response President Gillespie called for a motion to deny.
MOTION
Motion to deny application for Release/Reduction of Performance Guarantee for New York Sports Club made by Councilman Greene, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT PODIUM: Councilman Testino
ABSENT: Councilman Baker
BILL LIST
RESOLUTION NO. 55
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, the Business Administrator has the responsibility of approving all vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of 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 23, 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 23, 20026 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 $9,609,621.81 - Accounts Payable
Moved by Councilman Butler, seconded by President Gillespie, and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie
NAYS: None.
ABSENT: Councilman Baker
BILL LIST
RESOLUTION NO. 56
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, the Business Administrator has the responsibility of approving all vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of 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 23, 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 23, 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 $827,765.67 - Payroll
Moved by Councilman Butler, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Butler, Greene, Maher, Testino, Volkert, President Gillespie
NAYS: Councilman Calogera
ABSTAIN Councilwoman Panos
ABSENT: Councilman Baker
Prior to roll call vote the following discussion took place:
Councilman Calogera inquired about the overtime charge for $342.96, who was it incurred by and for what reason?
Himanshu Shah responded that it was for the parking utility employee and it was during the snow period and this employee oversees the snow removal at the lots.
Councilman Calogera inquired as to why a person in a managerial position was earning overtime.
Administrator Jacobs responded it was because he was in the union.
Councilman Calogera inquired as to why there was no other overtime on the bill list for snow removal by other employees or did it only snow in the parking lots. So we had this charge for someone to sit there and watch the contractor remove the snow.
Administrator Jacobs responded to make sure we are paying the correct amount.
Councilwoman Panos inquired as to who assigns the contractors to the parking lots?
Administrator Jacobs responded the parking utility manager assigns the contractors.
BILL LIST
RESOLUTION NO. 57
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, the Business Administrator has the responsibility of approving all vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of 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 23, 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 23, 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 $27,636.53 - Overtime
Moved by Councilman Butler, seconded by President Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Greene, Testino, Volkert, President Gillespie
NAYS: Councilmen Calogera, Maher, Councilwoman Panos
ABSENT: Councilman Baker
Prior to the roll call vote the following discussion took place:
Councilman Calogera inquired as to how much of this amount was for overtime for snow removal?
Administrator Jacobs responded that he did not know, but would find out and report back.
Himanshu Shah responded that for this time period there appears to be no snow removal overtime for the public works department. We will check and provide you with the information.
Councilwoman Panos stated she wanted public answers to the questions raised regarding the overtime for someone in a managerial position.
CLERKS REPORT
MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, TOWNSHIP CLERK
The following represents the collections made during the month of December 2005:
DOGS
2790 10.00
CATS
255 7.00
LICENSES
Limousine
Longo 50.00 50.00
BINGO RAFFLE
BA22-06 St. Thomas School 10.00
RA23-06 Virgil Grissom School 10.00
RA24-06 Virgil Grissom School 10.00
BA25-06 St. Ambrose Church 500.00
BA26-06 St. Ambrose Church 500.00
BA27-06 St. Ambrose Church 500.00
RA28-06 St. Ambrose Church 60.00
RA29-06 Holmdel Foundation 300.00
1,890.00
PARKING PERMITS
#1823-1899 (66 Permits) 1,650.00
#1824,1829,1830,1835,1842-1844,1865,1887,1890,1891 Replacements (11) 55.00
Temporary Permits
#588-587 (14 permits) 70.00
1,775.00
SEARCH
7-2005 10.00 10.00
MISCELLANEOUS
Photocopies 107.16
107.16
TOTAL $3,849.16
MOTION
Motion to accept the Clerk's Report made by Councilman Butler, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie
NAYS: None
ABSENT: Councilman Baker
PRELIMINARY PUBLIC COMMENTS
Monte Seewald commented on moving forward with a resolution passed four years ago by the Council to change the School Board Election date and combine it with the General Election in November. This would save a great deal of money. Why has this not moved forward and are you going to follow-up on this? Someone has to have the wherewithal to take on the most powerful lobby in the State of New Jersey, the NJEA. Mr. Seewald requested that this Resolution be sent out again.
ORDINANCE FOR SECOND READING
ORDINANCE NO. 02-2006
PROHIBITING CONTRACTS TO BE AWARDED TO CERTAIN POLITICAL CAMPAIGN CONTRIBUTORS
WHEREAS, professional business entities are exempt from public bidding requirements; and
WHEREAS, contributions from professional business entities receiving discretionary contracts from the elected officials who receive such contributions may raise reasonable concerns on the part of taxpayers as to their trust in the process of local government; and
WHEREAS, pursuant to N.J.S.A. 40A:11-5 and N.J.S.A. 40:48-2, municipalities have the right to establish rules and procedures for contracting with professional business entities
NOW, THEREFORE, BE IT ORDAINED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF OLD BRIDGE, that the policy of the Township of Old Bridge shall be to set the maximum amounts professional business entities who receive “no bid” contracts may contribute beyond which they become ineligible to receive “no bid” professional service contracts from the Township of Old Bridge.
SECTION I
Prohibition on Awarding Public Contracts to Certain Contributors
(a) Any other provision of law to the contrary notwithstanding, the Township, its purchasing agent or those of its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract to procure, without a fair and open process, any service which the Township would be permitted to procure on a “no bid” basis pursuant to N.J.S.A. 40A:11-5(1)(a)(i) and 40A:11-5(1)(m) (the “Statute”) from any Professional Business Entity, if that entity has solicited on behalf of, or made any contribution of money, or pledged a contribution, including in-kind contributions, to a campaign committee of any Old Bridge Township municipal candidate or municipal office holder seeking re-election, who would have, or has, ultimate responsibility for the award of the contract, or to any Old Bridge Township or Middlesex County party committee, or to any Political Action Committee (PAC) that is organized for the primary purpose of promoting or supporting any Old Bridge Township municipal candidate or municipal office holder seeking re-election, in excess of the thresholds specified in subsection (c), within twelve (12) consecutive months immediately preceding the date of the award of the contract.
(b) No Professional Business Entity which enters into negotiations for, or agrees to, any contract or agreement not the subject of public bidding or a fair and open process with the Township or its independent authorities for the rendition of services described in subsection (a) shall knowingly solicit on behalf of, or make any contribution of money, or pledge of a contribution, including in- kind contributions, in excess of the thresholds specified in subsection (c) below to any Old Bridge Township municipal candidate or municipal office holder seeking re-election, who would have or has, ultimate responsibility for the award of the contract, or to any Old Bridge Township or Middlesex County party committee, or to any PAC that is organized for the primary purpose of promoting or supporting any Old Bridge Township municipal candidate or municipal office holder seeking re-election, between the time of first communications between the Professional Business Entity and the Township regarding a specific professional services agreement and the later of the termination of negotiations or the completion of the contract or agreement.
(c) (i) Subject to the limitation in (ii), of this subsection, any individual meeting the definition of “Professional Business Entity” under this ordinance may make a contribution up to the amount that is reportable by the recipient under P.L. 1973, c.83 (NJSA 19:44A-1 et seq.), currently in excess of $300.00, to each candidate for mayor or council, Old Bridge Township or Middlesex County party committees, or to a PAC referenced in this ordinance, for each election, without violating subsection (a) or (b) of this section. However, (ii) any entity meeting the definition of “Professional Business Entity” under this section, including such principals, partners and officers of the entity may not contribute in the aggregate in excess of a total of $2,500 for each election to all Township municipal candidates and municipal office holders seeking re-election, who have or if elected would have ultimate responsibility for the award of the no bid contract, and to all Old Bridge Township or Middlesex County political parties and PACs referenced in this ordinance without violating subsection (a) or (b) of this section.
d.) For purposes of this ordinance, a “Professional Business Entity” is any entity seeking or performing without competitive bidding a public contract for services permissible under the Statute and which includes an individual including the individual's spouse, if any, and any child living at home; a person; firm; corporation; professional corporation; partnership; organization; or association. The definition of a Professional Business Entity includes all principals who own 10% or more of the equity in the corporation or business trust, partners, and officers employed by the entity as well as any subsidiaries directly controlled by the business entity.
e.) For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
1. The Township of Old Bridge Council, if the contract requires approval or authorization from the Council.
2. The Mayor of the Township of Old Bridge, if the contract requires approval of the Mayor, or if a public officer who is responsible for the award of contract is appointed by the Mayor.
SECTION 2
Contributions Made Prior to the Effective Date
No contribution of money or any other thing of value, including in-kind contributions, made by a Professional Business Entity to any municipal candidate for Mayor or Council, or Township municipal office holder seeking re-election, or county party committee or PAC referenced in this ordinance shall be deemed a violation of this section, nor shall an agreement for property, goods, or services, of any kind whatsoever, be disqualified thereby, if that contribution was made by the Professional Business Entity prior to the effective date of this ordinance.
SECTION 3
Contribution Statement by Professional Business Entity
(a) Prior to awarding any contract or agreement without public bid, any service which the Township would be permitted to procure on a “no bid” basis pursuant to the Statute to any Professional Business Entity, the Township or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the Professional Business Entity made under penalty of perjury that it has not made a contribution in violation of Section 1 of this ordinance.
(b) The Professional Business Entity shall have a continuing duty to report any violations of this ordinance that may occur during the negotiation or duration of a contract. The certification required under this subsection shall be made prior to entry into the contract or agreement with the Township and shall be in addition to any other certifications that may be required by any other provision of law.
SECTION 4
Return of Excess Contributions
A Professional Business Entity or Township municipal candidate or municipal office holder seeking re-election, or municipal or county party committee or PAC referenced in this ordinance may cure a violation of Section 1 of this order, if, within sixty (60) days after the general election, the Professional Business Entity notifies the Township Council in writing and seeks and receives reimbursement of a contribution from the entity to whom the contribution was made.
SECTION 5
Penalty
(a) All Old Bridge Township agreements with Professional Business Entities shall provide that it shall be a material breach of the terms of the government contract for a Professional Business Entity to violate, or to aide or abet a violation, of section 1(b) or (c) or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
(b) Any Professional Business Entity who knowingly fails to reveal a contribution made in violation of this ordinance, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future Old Bridge Township contracts for a period of forty-eight (48) months from the date on which the violation is finally determined.
SECTION 6: INCONSISTENT ORDINANCES.
All ordinances or parts of ordinances inconsistent with the provisions of this chapter shall be and the same are hereby repealed.
SECTION 7: 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 8: 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 Municipal 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 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 NJSA 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 Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Council vote in favor of such resolution.
Moved by Councilman Butler, seconded by President Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Greene, Maher, Testino, Volkert, President Gillespie
NAYS: None
ABSTAIN: Councilman Calogera, Councilwoman Panos
ABSENT: Councilman Baker
President Gillespie opened the public portion:
Dr. Anita Greenberg urged that a strong anti-pay to play ordinance be put in place. The draft of the proposed ordinance is not strong enough and there are loopholes in it which will allow business entities to make contributions in excess of the maximum if they follow the fair and open process. Dr. Greenberg urged the tabling of this ordinance so that further work can be done on it and make it a stronger document.
Linda Seiler stated that she spoke with Governor Corzine and is holding him responsible to fulfill his promise to eliminate the pay-to-play process throughout the state. Ms. Seiler stated she agreed with Dr. Greenberg that the proposed ordinance was not strong enough and had too many loopholes. Upon review, much of the strength of the Common Cause Model was deleted or watered down and that the Old Bridge Ordinance is confusing. Ms. Seiler also urged the Council to table this ordinance and do more work on it to make it the strongest ordinance in the State and one that other towns will model their ordinance on.
Michael Lenz of the Citizens Campaign stated that he was here this evening to offer his organizations support in drafting the pay-to-play ordinance. Mr. Lenz stated that his organization was offering to come to the township with lawyers to explain the various alternatives offered and what they do. The ordinance being considered is not an ordinance that mirrors theirs in meaningful ways but bears a closer relationship to the local unit public purchasing law that was passed by the legislature and that law has not clearly limited the pay-to-play contributions that many municipalities have adopted. Even if you act tonight the offer remains open and they would like to come and speak with the Council and he was glad to see that something is being done.
Councilwoman Panos inquired if this was an offer for free legal advice?
Mr. Lenz responded that they would be willing to bring down a pro-bono attorney and that will be someone skilled in this law. This is a complicated law and townships that go their own road with their own untested ordinances, risk winding up in a situation where they are incurring legal fees in trying to defend their ordinance. The ordinance that Common Cause has advanced is an ordinance that has been tested in a lot of places. Were there to be a challenge to our ordinance, we would certainly step in and help with that case. If you were to pass their ordinance and it was challenged there would be attorneys here without any charge to see that the ordinance stood.
Barbara Cannon stated she would like to commend the Council to take the initiative to get this going. There are significant loopholes which make this ordinance ineffective. Ms. Cannon stated she called Common Cause 2003 and used their counsel to help draft the 2003 order. She strongly recommended using the services of Common Cause so that Old Bridge could have the strongest ordinance in the State.
President Gillespie closed the public portion.
President Gillespie stated that he wanted to clear up a misconception. Anyone who goes through the fair and open process is also bound by the contribution limits under the terms of this ordinance. President Gillespie thanked Mr. Lenz and his board for coming to Old Bridge and offering their assistance. President Gillespie stated that these pay-to-play ordinances have not been challenged in court on a first amendment grounds. The state pay-to-play regulations have been challenged in court. It must be understood that when you are limiting someone from doing something, you have to realize you are limiting someone's first amendment rights and contributing to political campaigns is their first amendment right. When you venture down that road you must be very careful and try to draw a connection to the contracting here in Old Bridge to the political contributions the person is making and he felt this ordinance does that and goes far in establishing a very strong limit. President Gillespie stated that he was focused on Old Bridge, we have the need to procure services from people, and to hire good people whether they be engineers, attorneys or accountants, and if you go too far you are going to limit yourself as to who you are going to hire and you are going to deny the taxpayers of the town the benefit of good representation.
Councilman Calogera stated he disagreed with President Gillespie as he would like to see this ordinance stronger. Now is the time to do the right thing, the way this is worded it leaves us open to wheeling and it leaves us open to even in the fair process, the limits do not apply. In his opinion we are creating a document that will not take us to where we want to go and we will probably end up in a law suit because of the way it is worded. Councilman Calogera stated that he and Councilwoman Panos proposed a pay-to-play ordinance several years ago and it was turned down. If we are going to do this it should be done right, this matter should be tabled so we can put more time into it and make it a better, stronger ordinance.
Councilwoman Panos inquired with regard to the fair and open process, where is it in this ordinance?
President Gillespie stated in was in Section 1B.
Councilwoman Panos stated that she is in agreement "not to be in a race to be unreasonable", so tonight we have people here from Common Cause who have offered to help us in the drafting of this ordinance, so why don't we table our ordinance and work with them in perfecting another. Councilwoman Panos feels that we should take this free advise and go through this with the Council and the Mayor to make this the best ordinance we can.
Councilman Calogera stated that the attorney for Common Cause was present this evening and we should take advantage of her expertise and ask her questions.
President Gillespie stated that since she did not request to be heard during the hearing, the matter was not closed and our attorney could answer any questions.
Councilman Calogera stated that he did not think our attorney had the expertise to answer the questions on this matter.
Councilman Testino agreed that on this topic there are many points of view and you are going to find many legal opinions out there that are directionally driven. There is an offering of a constitutional challenge and he does see it coming because we are playing with some first amendment rights. The Mayor has taken the first step and believes that he should be allowed to move his proposition forward. This is a matter that should be discussed and some action should be taken based on the recent amendment to the State statute. Councilman Testino stated that he did not feel that Common Cause's version of the pay-to-play ordinance would withstand challenge, although their attorneys probably feel differently. He acknowledged that other opinions could be sustained, but at the same time the Mayor's ordinance adopts some of the legal strategies that have been seen around the state and in other states and has a chance to withstand a challenge. We should move this forward and see if there is a change in the environment.
Attorney Berlen stated that the ordinance as drafted speaks for itself; it is very clear and explains the fair and open process.
Councilwoman Panos inquired what was the process if the bidder were the subject of the fair and open process and they did give more than the maximum contribution amount, would they get the award, because this is the part that is very confusing?
Attorney Berlen stated she needed more time to go through this.
President Gillespie agreed that the wording was confusing, but it was worth noting that if you go through this and be aware that whenever we go through one of these public contracting forms, and whatever campaign finance thing we go through, it is always contingent upon public disclosure and that is the bottom line of all these things. None of this is going to work unless this is fulfilled. If you read Sections A, B & C together, and you look at the contribution limits, again the idea explains what is required of the vendor.
Councilwoman Panos questioned the wording regarding contributions to candidates seeking re-election, the wording is confusing, no-one up here is running for re-election now so they could collect money, again this needs clarification. Councilwoman Panos requested that this ordinance be tabled and requested the Mayor to step-in and agree to re-look at this ordinance.
MOTION
Motion to table Ordinance #02-006 made by Councilwoman Panos, seconded by Councilman Calogera and so denied on the following roll call vote:
AYES: Councilmen Calogera, Greene, Councilwoman Panos
NAYS: Councilmen Butler, Maher, Testino, Volkert, President Gillespie
ABSENT: Councilman Baker
Councilman Calogera inquired about the fair and open process and the new procedure whereby the Mayor appoints three people to look at a bid.
Mayor Phillips stated that there are several interpretations of this process. Mayor Phillips stated he did not believe there should be 565 different interpretations of this process, but that is what the legislature has given us. The fair and open process outlined in his Executive Order is one that is patterned after the State of Delaware. Mr. Jacobs will be the head of the Committee; Mr. Shah will be the second member and there will be three employees, one of whom will be the person requesting the particular service to be performed. The Clerk has been involved in developing this process to make sure that the fair and open process is the same as we take any other bid. It will be advertised, ads will be taken in the newspapers and everyone will be made aware of the dates and times of the bid. The bids will be received, date stamped and opened in clear view and forwarded to the procurement committee who will review it and bring it forward to the Council for professionals that will be hired. These professionals will be aware of the terms of the pay-to-play ordinance and the maximum amount of the contribution. If they violate these terms they will not be eligible to receive the contract Mayor Phillips stated that he incorporated the contributions to political organizations within the County in this ordinance which was not in the previous ordinance.
Councilman Calogera inquired if in this fair and open process did the bid go to the lowest bidder or is it up to the committee to give the bid to the people they want to award it to?
Mayor Phillips responded that he asked the committee to pick the best possible professional taking into consideration the cost, but also taking into consideration the experience
experience, ability to do the job, and believe that we have done a good job in outlining what the criteria should be. Mayor Phillips stated that cost is a factor, but it should not be the only factor.
Councilman Calogera inquired as to why the ordinance did not address the term "wheeling"?
Mayor Phillips responded he did not understand the term.
President Gillespie clarified that contracts that are required by other sections of law to be awarded to the lowest responsible bidder, such as construction, road salt, they will continue to be awarded to the lowest responsible bidder.
Mayor Phillips stated that he put this Executive Order in the form of an ordinance so that those who were competing would know clearly that they would be limited in what contributions they could give.
Councilman Calogera stated going back to the ordinance, it does not address the term wheeling where money from an out of county pac into local campaigns, which is a concern. What is to stop this process if it is not addressed.
Mayor Phillips agreed that it was a great concern. Contributions made to an assemblyman or a senator are not covered under the States directive.
Councilman Calogera stated that we can only clean up our own house.
Mayor Phillips concurred that was what he was trying to do and he cannot be responsible for contributions that are given from other counties and he felt that it should be a state law and not 566 individual municipal interpretations of fair and open process or pay-to-play. We have a clear knowledge of what we expect.
Councilman Calogera inquired as to having Citizens Committee and Common Cause as a resource, it would be extremely useful and why can't we use their resources and their expertise, especially with regard to legal matters.
President Gillespie responded that those on this Council and the Mayor were elected to serve the residents of this township, we should not cede control to any third party group no matter how meritorious or virtuous they may be. We have our own attorneys and our own professionals and we are elected.
Councilman Calogera stated he felt that it would give us more support and access to more information.
Mayor Phillips stated that our ordinance is not the same as the model received and ours is more geared to the new legislation.
Councilwoman Panos stated that she submitted a copy of this ordinance to the people at Common Cause for them to review and give their comments and to see if there were any loopholes in this ordinance and they have clearly pointed out flaws.
President Gillespie stated that if people are conforming with the public disclosure laws like they are supposed to then the premise works.
Councilman Greene explained that pay-to-play legislation limits the amount of political contributions. It is getting late and it is confusing and his suggestion was that we have a workshop to discuss this further. Councilman Greene stated he supported the concept, but he did have further questions.
President Gillespie thanked the Mayor for his explanation and that he did use the common cause model as a guide in doing this and do not believe that any organization has the right to insist on absolute, 100% conformity with their model. The reason that this law was passed is so that each town can be the sole determinate of their own destiny.
DISCUSSION ORDINANCES
TOWNSHIP OF OLD BRIDGE
ORDINANANCE NO. 03-2006
AN ORDINANC EOF THE TOWNSHIP OF OLD BRIDGE ESTABLISHING MUNICIPAL REGULATIONS GOVERNING THE MAINTENANCE OF RETENTION, DETENTION AND RECHARGE BASINS
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
This ordinance establishes municipal regulations governing the maintenance and upkeep of retention, detention and recharge basins in the Township of Old Bridge.
Section 2. Definitions
As used in this article, the following terms shall have the meanings indicated:
DETENTION BASIN – A man-made or natural water collection facility designed to collect surface water and sub-surface water in order to impede its flow and to release the same gradually into natural or man-made outlets at a controlled rate consistent with sound downstream stormwater management practices
RETENTION BASIN – A pond, pool or basin used for the permanent storage of water
RECHARGE BASIN – A basin used to recharge surface and sub-surface water.
OWNER – Any person, group of persons, firm, association, homeowner's association or corporation owning property containing a retention detention or recharge basin located within the Township of Old Bridge.
RESPONSIBLE PARTY – Any person, group of persons, firm, association, homeowner's association or corporation that receives a benefit from a retention, detention or recharge basin located within the Township of Old Bridge.
Section 3. Unlawful To Allow Growth Above Certain Height
It shall be unlawful for any owner or responsible party to permit any debris, grass or weeds or other vegetation whatsoever to grow higher than (10) inches from the ground in or around any retention, detention or recharge basin on property owned or benefited by such person, group of persons, firm, association, homeowner's association or corporation within the Township of Old Bridge.
Section 4. Charge for Mowing by Township
When the Township is required for health and safety reasons under this ordinance to mow or remove debris from a detention, retention or recharge basin on private property, or when the Township is requested by the responsible party to mow or remove debris from a detention or retention basin on private property in the Township, the following cost shall be assessed as a lien on the property:
1. Mowing and/or weeding - $100.00 per hour with a $100.00 minimum;
2. Removal of trash and debris as needed - $100.00 per hour with a $100.00 minimum;
3. Administrative charge - $50.00 per occurrence.
Section 5. Notice of Violation
In case such owner or responsible party shall fail to keep such basin cut to the height above mentioned and free of debris, the Township Engineer or his designee shall serve a notice on such owner or responsible party ordering the same be done within ten (10) days from the date of such notice.
Section 6. Action to Correct Violation; Recovery of Costs
Should the owner or responsible party receiving any such notice refuse or neglect to cut the grass, weeks or remove the debris from the retention or detention basin within the time provided above, the Township Engineer or his designee may provide for the cutting or debris removal from the basin by and under his direction. In such case, the Township Engineer certifies the cost thereof to be charged against the lands, which shall become a lien upon such lands, added to and becoming part of the taxes next to be assessed and levied upon such lands and shall bear interest at the same rate as other taxes and shall be collected and enforced in the same manner as taxes.
If the basin is located on property now owned by the responsible party, then said costs shall be charged on a pro rata basis against all property owners who benefit from the basin and its use and shall become a lien on the property or properties of the owner(s) so benefited in the manner noted above.
Section 7. Inspection to Determine Continuing Compliance
The Township Engineer or his designee shall periodically inspect the basins within the Township to determine continuing compliance with this ordinance.
Section 8. Maintenance of Retention, Detention or Recharge Basins; Violations Declared Nuisance; Penalty
Any owner or responsible party violating any of the provisions of this ordinance shall be guilty of maintaining a nuisance and upon conviction thereof before any court of competent jurisdiction shall be fined no less than $100.00 nor more than $500.00 and costs. Each day that such nuisance is maintained shall constitute a separate offense.
Section 9. 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 10. 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 11. Effective Date.
A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Township Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.
B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40A:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.
C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Council vote in favor of such resolution.
Moved by Councilman Butler, seconded by President Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, President Gillespie
NAYS: None
ABSENT PODIUM: Councilwoman Panos
ABSENT: Councilman Baker
Prior to the roll call vote the following discussion took place.
Administrator Jacobs explained that there have been numerous complaints from homeowners that associations and commercial entities do not properly maintain the basins. Mowing the grass is one issue, but you also have to clean out the fixtures and the equipment. This allows the township to go in and make the remedies and bill the property owner and also provides for fines if it is not done.
Councilman Testino inquired if there was a comprehensive list of all the organizations that maintain these basins and can they be mailed a copy of this ordinance advising them of the ordinance, so that no one can say they did not know about it before it was passed?
President Gillespie stated that the association or responsible party would get notification before the fine was issued. President Gillespie requested that the Clerk's office obtain that list and send notification and a copy of the ordinance out to each responsible party.
Councilman Maher inquired about the difference between these basins and the ones we are managing right now?
Administrator Jacobs responded that the ones we maintain are the ones turned over to the township by the developer.
Councilman Greene inquired if there were detention basins that the associations will permanently maintain or are they maintaining these until the developer leaves?
Administrator Jacobs stated both scenarios are correct; some will be permanent and others until the developer leaves.
Councilman Greene stated that he had requested the fees charged for maintaining the basins be increased and wondered if this suggestion had been incorporated this.
Administrator Jacobs stated that it had been done.
TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 04-2006
AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AMENDING SECTION 351-11 OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE
CONCERNING PAID HEALTH BENEFITS FOR CERTAIN RETIREES
WHEREAS, certain retirees have dedicated their lives to public service within the Township of Old Bridge (hereinafter the “Township”); and
WHEREAS, the Township would like to reward those employees who retire on or after October 1, 2005 for their service to the Township and delineate such employees from those who retired prior to October 1, 2005 and are not receiving health benefits; and
WHEREAS, N.J.S.A. 40A:10-23 states that the Township, in its distinction, may provide paid health benefits to certain eligible retirees; and
WHEREAS, the Township wishes to amend Section 351-11 under the Personnel Policies section of the Township code to reflect the categories of employees who are eligible to receive paid health benefits upon retirement from the Township as permitted by N.J.S.A. 40A:10-23.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:
Section 1.
Section 351-11A of the Township code is hereby amended, supplemented and revised such that it shall read in its entirety as follows:
Section 351-11A. Policy for Payment of Health Benefits to Eligible Retirees
Effective October 1, 2005, employee who retires on or after October 1, 2005 will be eligible for the benefits hereunder if they satisfy one of the following requirements:
(1) retire on a disability pension;
(2) retire after 25 years or more of service credit in a state or locally administered retirement system having a period of the last 25 years or more of continuous service with the
Township at the time of retirement;
(3) retire and reach the age of 62 years or older with at least the last 15 years or more of continuous service with the Township at the time of retirement.
Section 2.
Section 351-11C of the Township Code is hereby amended, supplemented and revised such that it shall read in its entirety as follows:
Section 351-11C. Type of Coverage to be Provided
a. Retirees of the Township of Old Bridge shall receive health insurance benefits which are equal to those being provided to the current employees in the same job classification and status previously held by the retiree. Modifications to such coverage in accordance with policy changes implemented for existing employees shall be allowed.
b. All coverages granted under this section shall be coverage for the individual employee and family coverage as defined by the health insurance carrier.
c. Upon reaching age sixty-five (65) any employee who remains a beneficiary of a policy of insurance and who otherwise qualifies for Medicare shall be entitled to receive Medicare as primary coverage and Township health insurance as secondary coverage.
Section 3.
Section 351-11B of the Township Code shall be removed.
Section 4.
Upon retirement and each year thereafter, all retirees shall sign a coordination of health benefits agreement. In the event that the retiree becomes re-employed in any capacity where such employer provides health benefits for which the retiree is eligible, and the re-employed retiree is not required to contribute to the cost of those benefits, said re-employed retiree shall be required to obtain such coverage as their primary insurance. The township shall maintain the coverage as outlined herein as a secondary insured.
Section 5.
In the event that a retiree's spouse is employed, or becomes employed, and where such employer provides health benefits for which the spouse is or becomes eligible, and the spouse is not required to contribute to the cost of those benefits, said spouse shall be required to obtain such coverage as their primary health insurance. Dependents shall be primary on the plan of the employee or spouse whose birth date comes first in the calendar year. The Township shall maintain coverage outlined herein as secondary insured.
Section 6.
If a court of competent jurisdiction shall declare any section, paragraph, subsection, clause or provision of this Ordinance invalid, such decision shall not affect the validity of this ordinance as a whole or any part thereof.
Section 7.
All ordinances or parts of ordinances of the Township of Old Bridge heretofore adopted that are inconsistent with any of the terms and provisions of this ordinance are hereby repealed to the extent of such inconsistency.
Section 8.
This ordinance shall take effect after final passage and publication as provided by law.
Moved by President Gillespie, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, President Gillespie
NAYS: None.
ABSENT PODIUM: Councilwoman Panos
ABSENT: Councilman Baker
Prior to the roll call vote the following discussion took place
Administrator Jacobs explained that at a previous Executive Session we had our labor attorney explain to the Council that certain parts of the collective bargaining unit provide for a benefit who retire on a disability pension can get health insurance benefits while others cannot. This ordinance makes it the same for all employees as required by law.
Councilman Calogera does this have to be work related disability?
Administrator Jacobs responded no.
Councilman Volkert inquired why this was being backdated to October 1, 2005?
Administrator Jacobs responded because there was one employee who would be eligible if we did this to avoid litigation.
CONSENT AGENDA
President Gillespie opened the Consent Agenda to the public; seeing no hands he closed the public portion.
RESOLUTION NO. 58
BINGO/RAFFLE
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, the following organizations have made application to hold, operate and conduct a Bingo/Raffle; said applications being in accordance with the statutes relating thereto.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Township Clerk is hereby authorized and directed to issue the following licenses:
RA32-06 - Old Bridge High School PTA
RA33-06 - Middlesex County PTA
RA34-06 - Middlesex County PTA
RA35-06 - PTA Jonas Salk School
RA36-06 - Ct. Queenship of Mary
RA37-06 - Ct. Queenship of Mary
RA38-06 - Southwood School PTA
RA39-06 - Sayreville Association for Brain Injured Children
RA40-06 - Central Jersey Jewish Home for the Aged
Moved by Councilman Butler, seconded by President Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Volkert, President Gillespie
NAYS: None
ABSTAIN: Councilman Testino
ABSENT PODIUM: Councilwoman Panos
ABSENT: Councilman Baker
RESOLUTION NO. 59
DESIGNATING DEPOSITORY
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that
The following bank is hereby designated as a legal depository for the Township of Old Bridge for a term ending on December 31, 2006
WASHINGTON MUTUAL
Moved by Councilman Butler, seconded by President Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Volkert, President Gillespie
NAYS: None
ABSTAIN: Councilman Testino
ABSENT PODIUM: Councilwoman Panos
ABSENT: Councilman Baker
RESOLUTION NO. 60
RESOLUTION AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH THOMAS JANNARONE, ESQ. IN RE: STATE VS. OLD BRIDGE POLICE DEPARTMENT
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that
WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of representation in connection with the legal representation of Police Officer Steven Connolly; and
WHEREAS, Thomas Jannarone, Esq. located at 254 Brick Boulevard, Brick, New Jersey 08723 is a licensed New Jersey Attorney, is recognized as capable and available to undertake such work
NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Old Bridge, as follows:
1. The contract for professional services is authorized to be entered into with Thomas Jannarone, Esq. in the usual form.
2. The scope of work to be performed by Thomas Jannarone, Esq. shall be representation of Police Officer Steven Connolly, with regard to this matter.
3. This contract is awarded for a term not exceeding the current budget year. A Certification of Availability of Funds has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.
BUDGET YEAR FY2005/2006
CERT NO. #1415
AMOUNT $2,500.00
The availability of a sufficient appropriation to fund the purchases authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget year, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid
4. 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 with 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 President Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Volkert, President Gillespie
NAYS: None
ABSTAIN: Councilman Testino
ABSENT PODIUM: Councilwoman Panos
ABSENT: Councilman Baker
RESOLUTION #61
RESOLUTION AUTHORIZING THE MAYOR AND THE TOWNSHIP CLERK TO EXECUTE THE REFUNDING BOND AND RELEASE FOR THE ESTATE OF LINDA CHICKELLA IN ORDER TO RECEIVE THE SPECIFIC BEQUEST OF $5000.00 TO THE TOWNSHIP OF OLD BRIDGE POLICE DEPARTMENT
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that
WHEREAS, under the Last Will and Testament of Linda Chickella, deceased, a specific bequest for $5000.00 was left to the Old Bridge Police Department for use at the kennel; and
WHEREAS, a Refunding Bond and Release needs to be executed in order to receive this specific bequest from the Estate of Linda Chickella;
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 Refunding Bond and Release and any paperwork necessary to effectuate receipt of this bequest. The Township Attorney shall review any and all documents prepared in furtherance of this bequest.
AND BE IT FURTHER RESOLVED that the Township of Old Bridge is hereby authorized to accept the charitable donation in the amount of $5000.00.
Moved by Councilman Butler, seconded by President Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Volkert, President Gillespie
NAYS: None
ABSTAIN: Councilman Testino
ABSENT PODIUM: Councilwoman Panos
ABSENT: Councilman Baker
RESOLUTION NO. 62
RESOLUTION AWARDING BID #2006-07 TO CHAMPION CONTRACTING CORPORATION FOR GENERAL ROOF REPAIR.
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that
WHEREAS, The Township of Old Bridge solicited re-bids in connection with Contract #2006-07 for general roof repairs; and
WHEREAS, the Township Council wishes to award the contract for general roof repairs to the lowest responsible bidder; and
WHEREAS, the Township of Old Bridge wishes to award this contract to Champion Contracting Corporation of Matawan, New Jersey for the period beginning January 23, 2006 and ending December 31, 2006.
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. Champion Contracting Corporation with principal offices located at 952 Route 34, Suite 207, Matawan, N.J. 07747 is hereby awarded a contract in the amount of $125.00 per
hour for twelve (12) months.
2. 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.
Moved by Councilman Volkert, seconded by Councilman Butler, and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, President Gillespie
NAYS: None.
ABSENT PODIUM: Councilwoman Panos
ABSENT: Councilman Baker
Prior to the roll call vote the following discussion took place:
President Gillespie inquired why there is no overall cap on the contract?
Joe Criscuolo responded that the cap will be whatever amount is put on the purchase order. We have had a problem getting roofing contractors and we went out to bid three times without success.
RESOLUTION NO. 63
RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AT ANNIE DRIVE UNDER STATE CONTRACT #A59052
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that
WHEREAS, the Township Parks and Recreation Department wishes to purchase and install a playground and safety surface at Annie Drive; and
WHEREAS, the playground equipment is covered under N.J. State Contract #A59052 and is to be purchased from Gametime (Marturano Rec. Co.) at a purchase price of $25,160.00; and
WHEREAS, a 6" playsafer black recycled shredded playground rubber to cover a 66'x36' area is to be purchased and installed by Rubbercycle at a purchase price of $6,152.00; and
WHEREAS, the playground equipment is to be installed by Whirl Construction in the amount of $8,688.80.
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 Gametime Powerscape System and one primetime swing with two Belt Seats in the amount of $25,160.00 is hereby authorized in accordance with State Contract #A59052.
2. The purchase and installation by Rubbercycle of a 6" playsafer black recycled shredded playground rubber to cover a 66'x36' area in the amount of $6,152.00 is authorized in
accordance with State Contract #A59052.
3. The installation of playground equipment by Whirl Construction in the amount of $8,688.00 is authorized in accordance with State Contract #A59052.
4. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1414 certifying the existence of a sufficient appropriation to fund the said
contract.
Moved by President Gillespie, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, President Gillespie
NAYS: None.
ABSENT PODIUM: Councilwoman Panos
ABSENT: Councilman Baker
Prior to the roll call vote the following discussion took place:
Councilman Maher inquired why we were doing this?
Administrator Jacobs stated that we are doing this because the equipment installed there was inferior and not what we would have put there. We accepted this from the builder when the bond was released and now we are replacing the equipment to "make good". We will be looking at this type of improvement provided by the builder more closely to make sure that the material is satisfactory.
Councilman Maher inquired if there were any way to get a judgment or lien against the builder at this time.
Administrator Jacobs responded no.
Councilman Maher inquired if there were any performance bonds still being held and could we go after the builder?
Attorney Berlen stated that she did not believe there was anything being held, but she would check into it and advise him.
Councilman Greene inquired if this was township property or were we just helping the residents of the development and is it acceptable for use by all residents?
Mayor Phillips responded it is our responsibility since the builder is out of there and we accepted the improvements. Technically it is open but it is basically for the use of the residents of that particular development
RESOLUTION NO. 64
RESOLUTION APPROVING CHANGE ORDER #1 FOR CONTRACT #2005-39 NUNC PRO TUNC FOR ADDITIONAL WORK BY CHAMPION CONTRACTING CORPORATION FOR WINDOW REHAB AT CHEESEQUAKE VILLAGE
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that
Whereas, the Township Council of the Township of Old Bridge previously authorized Contract #2005-39 with the firm of Champion Contracting Corporation for window rehabilitation at Cheesequake Village;and
WHEREAS, Champion Contracting has requested Change Order No. 1 to increase the amount of the contract due to necessary additional construction work.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Change Order No. 1 is hereby authorized as set forth on the attached Change Order.
BE IT FURTHER RESOLVED that the modified cost of services after this Change Order is as follows:
ORIGINAL CONTRACT $66,250.00
CHANGE ORDER #1 $770.19
NEW TOTAL $67,020.19
TOTAL AMOUNT OF CHANGE ORDER: $770.19
BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to execute such written contract documents as may be approved in form by the Township Attorney.
Moved by President Gillespie, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, President Gillespie
NAYS: None.
ABSENT PODIUM: Councilwoman Panos
ABSENT: Councilman Baker
Prior to the roll call vote the following discussion took place:
Councilman Calogera inquired if this was done by the bid process?
Joe Criscuolo responded that it was. There was an additional sum added into the bid process for additional repairs to those units requiring it and the additional amount over the $5000.00 was the $770.19.
Councilman Calogera inquired as to who does the inspections to determine the need for additional work?
Joe Criscuolo responded that it is done by the CDBG inspector, Dave Merwin and is a part of the replacement process if the repair is necessary.
RESOLUTION NO. 65
RESOLUTION TO ADD THE SUBURBAN AS A SECONDARY TOWNSHIP NEWSPAPER
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that
The Township of Old Bridge designates the Suburban as a "secondary" newspaper for the period ending December 31, 2006
Moved by Councilman Calogera, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher.
NAYS: Councilmen Testino, Volkert, President Gillespie
ABSENT PODIUM: Councilwoman Panos
ABSENT: Councilman Baker
Prior to the roll call vote the following discussion took place:
Councilman Volkert asked that this newspaper not be listed as a secondary paper until such time as service improves to Ward I. They have not fulfilled their promise to install additional paper receptacle boxes at various locations, and to start home deliveries. A letter should be sent to the Suburban advising them of the dissatisfaction in Ward I.
PUBLIC COMMENTS
Lauren Petrowsky of Common Cause stated that this ordinance has been severely misrepresented tonight because it does exempt any contracts that have gone out for a fair and open process. There is language in 1A & 1B that does that. It is a very confusing document. She was giving her professional opinion because she analyzes dozens of pay-to-play ordinances every year, by no means is Common Cause saying that it "ours" or no ordinance. It is just an ordinance that has been tried and tested for four years and has been used in dozens of municipalities throughout the state. It is a strong well known ordinance and we are all for the fair and open process and by all means the best qualified candidate should get the job, but they should have to adhere to contribution limits.
Barbara York stated that one of the Crossing Guards, Marion Kosinar had passed away and she would like to have a moment of silence for her.
President Gillespie asked Mrs. York to let Administration know the facts and she would be remembered at the next Council meeting.
Linda Seiler stated that she was not in favor of the ordinance passed this evening and would like to see it rescinded and see more work done on making it more in line with the ordinance provided by Common Cause. Also, the additional work at Cheesequake Village should have been the responsibility of the association and CDBG money should not have been used for the project. Ms. Seiler stated she was going to contact HUD to get the requirements. This is a waste of federal money.
Barbara Cannon stated that what the Mayor stated and what is contained in this ordinance are two different things and right now it is very challengeable. When you review and look to amend this that you incorporate something that Councilwoman Panos alluded to, instead of saying office holder seeking re-election that you just use office holder in that way you telling the contractor that they cannot make contributions during the time you are sitting in office. There was concern with the term wheeling, and this does not deal with that, but you can more restrictive in the wording from Common Cause regarding PAC, you will have a stronger ordinance.
Dr. Greenberg stated that paying overtime for someone to oversee the removal of snow from the parking lots when the residents of Old Bridge are facing tax increases shows that something is wrong. She urged the Mayor to pay more attention to the finances. Also this ordinance is confusing and something should be done to make it right.
Seeing no further hands President Gillespie closed the public portion.
RESOLUTION NO. 66
EXECUTIVE SESSION
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that
BE IT RESOLVED by the Township Council of the Township of Old Bridge that the public shall be excluded from this meeting pursuant to N.J.S.A. 10:4-13 for the discussion of the following matter or matters:
Pending litigation - Frank et al v. Township of Old Bridge
BE IT FURTHER RESOLVED that this meeting may reconvene in public session in twenty minutes and that the minutes or other record of these discussion shall be available to be disclosed to the public in sixty (60) months unless a sooner date is determined by vote of the governing body at a public session.
Moved by President Gillespie, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilman Baker
Combined Meeting Reconvened at 10:30 p.m.
RESOLUTION NO. 67
RESOLUTION AUTHORIZING PARTIAL SETTLEMENT OF FRANK ET ALS V. TOWNSHIP OF OLD BRIDGE.
WHEREAS, the Township Council of the Township of Old Bridge has been involved in litigation entitled Frank v. Township of Old Bridge; and
WHEREAS, the labor attorney for the Township of Old Bridge has recommended settlement with four of the five plaintiffs in this matter in the best interests of the Township, and
WHEREAS, this litigation has been discussed with counsel in Executive Session; and
WHEREAS, the Township Council wishes to authorize partial settlement of said litigation;
NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:
The Mayor, Clerk and Township Attorney are hereby authorized to take any and all steps necessary to execute and deliver the Settlement Document provided to the Township of Old Bridge by legal counsel, which documents are placed on file with the Township Clerk.
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilman Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos President Gillespie
NAYS: None.
ABSENT: Councilman Baker
Prior to the roll call vote the following discussion took place:
President Gillespie stated that per discussion by the Council in Executive Session they have agreed to take the labor attorneys recommendation as per letter dated January 18, 2006 to approve the proposed settlement with four of the five litigants.
MOTION
Motion to adjourn at 10:35 p.m. made by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilman Baker
______________________________
President Patrick Gillespie
_______________________________
Rose-Marie Saracino, Township Clerk
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