OLD BRIDGE TOWNSHIP COUNCIL
REGULAR MEETING
March 13, 2006
A regular meeting of the Township Council of the Township of Old Bridge was held on Monday, March 13, 2006 in the Municipal Complex. The meeting was called to order at 7:35 p.m. by President Gillespie who asked Mrs. Miller to lead the audience in a salute to the flag, followed by a short prayer. Councilwoman Panos acknowledged the passing of Thomas LoPresti who was a long time resident and active participant in township little league. President Gillespie also asked for a moment of silence for all of our troops.
Deputy Clerk Stella Ward announced that the meeting was being held in conformance with the Open Public Meetings Act and notice had been given to the newspapers and posted in public places.
Deputy Clerk Ward called the roll with the following answering present: Councilmen Baker, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie. Councilman Maher was absent. Councilman Butler arrived at 8:45 p.m.
PRESENTATION
Certificates for R.O.B.I.N. Speedskating (Certificates for medal winners, coaches & staff of Robin Team that competed in the N.J. Special Olympics, Morristown, N.J. on January 30-31, 2006)
Mayor Phillips acknowledged the medal winners, coaches & staff of this team. He thanked them for their accomplishments on behalf of Old Bridge and commented on how proud he was of them as well as their coaches and training staff. It is a positive thing for Old Bridge to have so many medal winners. They compete every year and every year we have the most medal winners of all the other municipalities that enter the event.
Tom Badcock stated that he would like to echo the Mayor's comments about these members of the Robin Speedskating Club and commend them on their accomplishments. Tom introduced Tim Mahoney who runs the program and together with Mayor Phillips presented the Certificates and candy bars to the team. The coaches and staff were also presented certificates.
Mayor Phillips took a few moments to comment on the airplane accident that occurred over the weekend. Mayor Phillips stated that everyone should be very proud of the manner in which the Police, Fire and First Aid Departments handled the situation, everyone had a role and they performed. He wanted the residents to know that the South Old Bridge Fire Department was wonderful considered the conditions they were subjected to, from putting out the fire to retrieving the victims. The First Aid Squad should also be commended for keeping two of the victims alive. With regard to the Police Department, not one officer, even those coming off shift, refused to help, they stayed gave their professional expertise to help resolve the situation. The dispatchers and even today, the public relations that went on today, everyone performed at their best and the Township should be very proud of them.
BILL LIST
RESOLUTION #96-06
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 March 13, 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 March 13, 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 $10,930,501.28 (Accounts Payable).
Moved by Councilman Testino, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilmen Butler, Maher
BILL LIST
RESOLUTION #97-06
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey
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 March 13, 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 March 13, 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 $847,171.65 (Payroll).
Moved by President Gillespie, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilman Baker, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilmen Butler, Maher.
BILL LIST
RESOLUTION #98-06
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 March 13, 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 March 13, 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 $78,389.98(Overtime).
Moved by Councilman Baker, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilmen Butler, Maher
APPROVAL OF MINUTES
January 23, 2006
President Gillespie stated that he wanted to hold off on this approval pending a discussion with the Clerk's office.
PRELIMINARY PUBLIC COMMENTS
Monte Seewald again expressed his concern over the School Board Elections. He would like to see the School Board Elections combined with the General Election in November. He feels there would be a better turnout and it would not benefit the special interest groups.
James Samuelson spoke about the dangerous conditions on Ticetown Road (Cottrell Rd). His property is on portion of the road where it curves and there have been numerous accidents involving his property. The accidents have taken out his mailbox about a dozen times, it has knocked over trees and most recently two accidents, one at the end of December and one in February which took out his fence. Mr. Samuelson would like the Council to take some action to help alleviate the problems he is encountering. He was under the impression that a traffic study was being done and he wanted to know the results. Mr. Samuelson stated he spoke with the engineer, Jim Cleary, this evening and Mr. Cleary said he would stop by and take a look at the conditions.
President Gillespie stated he would like a report back from Administration and Engineering with an updated report on this matter.
Mayor Phillips stated that he believes there was a traffic study done, regarding putting speed-bumps on certain streets, but unfortunately Ticetown Road was not a part of the study. Mayor Phillips stated he would be happy to make the report available to Mr. Samuelson. Mayor Phillips stated that due to the amount of traffic on the road a speed-bump would not be feasible on this street.
Councilman Calogera stated that he is well aware of Mr. Samuelson's problems and has asked for assistance for him, such as a 4-way Stop sign. We need to move forward and help this resident.
Mayor Phillips responded that a 4-way stop sign is not a viable option, but they would look at other means to help solve the problem.
HEARING
H-1 Release/Reduction - The Grande at Old Bridge
President Gillespie stated that we were going to set the date for this hearing. President Gillespie asked any interested parties to come forward.
Don Peppe, Esq., the attorney for The Grande at Old Bridge requested a bond reduction for this project. The Township engineer did not agree with the amount of the reduction due to the lack of some documentation. Therefore, we are requesting a postponement until the engineer has time to review the documentation submitted and asked that we carry it to a new date with no renotification required.
President Gillespie inquired as to how long the engineer thinks will be needed to review this information?
Greg Valesi of CME stated approximately two weeks would be required.
Attorney Convery stated that he reviewed the notification documentation of the property owners was sufficient and it is up to the Council if renotification is required.
MOTION
Motion to carry to March 27, 2006 meeting without renotification made by President Gillespie, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Testino, Volkert, Councilwoman Panos President Gillespie
NAYS: None.
ABSENT: Councilmen Butler, Maher
ORDINANCES FOR SECOND READING
ORD. #03-2006 Establishing municipal regulations governing the maintenance of retention detention and recharge basins.
MOTION
Motion to table until March 27, 2006 meeting made by President Gillespie, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilmen Butler, Maher
ORD. #04-2006 Amending Sections 351.11 of the Code of the Township of Old Bridge Concerning paid health benefits for certain retirees.
MOTION
Motion to table made by Councilman Calogera, seconded by Councilman Volkert and so moved on the following roll call vote:
AYES: Councilmen Baker, Calogera, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSTAIN: Councilman Greene
ABSENT: Councilmen Butler, Maher
TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 05-2006
ORDINANCE AMENDING CHAPTER 429 SOLID WASTE OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE
BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:
Section 1: Purpose
This Ordinance is enacted in order to amend Chapter 429, Waste Management, Section 429-2 Preparation for Collection and Section 429-4 Set Out Time.
Section 2: Section 429-2 Preparation for Collection is hereby amended in the following subsections to read as follows:
A. Suitable approved containers for garbage pickups. For the purpose of this section, a “suitable approved container” shall mean a galvanized or plastic garbage can with handles and a tight-fitting cover, or plastic bags properly tied.
E. White Goods. White goods, including refrigerators, stoves, washers, dryers, dishwashers and hot water heaters shall be picked up by appointment only. Residents must call the Public Works Department to schedule an appointment.
G. Brush. Brush (branches, woody plants that do not exceed five inches in diameter and 40 pounds) bundled and tied with string and placed at the curb, shall be picked up by appointment only, March through September, by scheduling an appointment with the Public Works Department.
Section 3: Section 429-4 Set Out Time is hereby amended to read as follows:
All approved containers shall be placed out for pick up not earlier than 5:00 p.m. of the day prior to collection.
Section 4. 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 5. 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 6. 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 Baker, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilmen Butler, Maher
President Baker opened this matter to the public. Seeing no hands he closed the public portion.
Councilwoman Panos inquired as to who was going to issue summons on this matter?
Attorney Convery stated that it could be issued by a zoning officer or police officer. He believes that "good sense" would prevail and that there would probably be a warning before any summonses were issued. It would be up to the judge to administer any penalty up to $1250.00. There is not a mandatory minimum.
President Gillespie stated that this was an amendment to our current ordinance which imposes a more reasonable time period.
Councilman Calogera inquired if there could be a limit on the penalty imposed?
President Gillespie stated that judges usually ask for that discretion so that they do not have a mandatory minimum and more reasonable fines could be imposed.
Attorney Convery stated that he has been in municipal court many, many times and he has never seen a penalty imposed for this type of violation. If it were a chronic offender there might be some penalty imposed, but on the whole he did not feel this was an unfair amendment or that the penalty if imposed would be unreasonable.
ORDINANCE NO. 06-2006
ORDINANCE MAKING THE PROVISIONS OF SUBTITLE ONE OF TITLE 39 WITH VARIOUS TRAFFIC REGULATIONS APPLICABLE TO BRIDGE POINTE CONDOMINIUMS AND REGULATING THE USE OF SAID ROADWAYS, STREETS, DRIVEWAYS AND PARKING LOTS BY MOTOR VEHICLES
BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:
Section 1: Purpose
The purpose of this Ordinance is to make the provisions of Subtitle One of Title 39 with various traffic regulations applicable to Bridge Pointe Condominiums and regulating the use of said roadways, streets, driveways and parking lots by motor vehicles.
Section 2: Ordinance
A representative of Bridge Pointe Condominium Association has filed a written consent with the Township of Old Bridge that the provisions of Subtitle One of Title 39 of the revised statutes of New Jersey to be made applicable to the semi-public roads, streets, driveways and parking lots at Bridge Pointe Condominiums located in the Township of Old Bridge, County of Middlesex and the following regulations shall be enforceable:
1. General Parking:
A. All vehicles must park in designated areas and between the lines provided.
B. No person shall stop or stand a vehicle upon any of the streets or parts of streets described below, expect in areas covered by other parking restrictions.
Name of Street Sides Hours Location
All Roads and Aisles Both All As indicated on Site Plan
C. Handicapped Parking
All stalls shall be 12 foot wide as shown on the site plan on file at the Clerk's Office and signed with the R7-8 and R7-8P (Reserved Parking Sign and Penalty Plate), in the designated areas for persons who have been issued the Handicapped Parking Permit by the Motor Vehicle Commission.
2. Through Streets and Stop Intersections:
A. Through Streets:
The following streets or parts of streets are hereby designated as Through Streets, Stop Signs shall be installed on the near right side of each street intersecting the Through Street except where Yield Signs are provided for the designation.
Name of Street Limits
Alexandria Parkway Entire Length
Chimney Court Entire Length
Bridgepointe Drive Entire Length
Capica Court North Entire Length
Rozalyn Lane – Hanna Lane Entire Length (Northerly Leg)
B. Stop Intersections:
The following described intersections are hereby designated as Stop Intersections. Stop Signs shall be installed as provided therein.
Intersection Stop Sign(s) on:
Linbrook Drive & Linda Court - Linbrook Drive
Harbor Bay Circle & Harbor Harbor Bay Circle - Bay Circle (Eastbound Approach)
3. Speed Limits:
A. The speed limit for both directions of travel on the following roadways are:
Name of Roadway M.P.H. Limits
Alexandria Parkway 25 Entire Length
All other Roads and Aisles 15 Entire Length
B. Regulatory and warning signs shall be erected and maintained to effect the above designated speed limits authorized by the Department of Transportation.
4. Tow Away Zones:
Any vehicles parked or standing as to obstruct or impede a normal flow of traffic block entrances or exit ways, loading zones, oil fills, any grassy area pedestrian walkway, or present in any way a safety or traffic hazard may be removed by towing the vehicle at the owners or operators expense.
Recommendations:
a. The existing Stop Sign on Linda Court northbound at Lindbrook Drive shall be removed.
b. The existing Stop Sign on Bridgepointe Drive southbound at Catherine Court shall be removed.
c. The existing Stop Sign on Hanna Lane southbound at Rozalyn Lane shall be removed.
d. The existing Stop Sign at Rozalyn Land southbound between Hanna Lane and Alexandria Parkway shall be removed.
That all signs, posts or other necessary materials be installed and paid for by the applicant. All signing shall conform to the current Manual on Uniform Traffic Control Devices, pursuant to N.J.S.A. 39:4-198 and N.J.S.A 39:4-183.27.
Unless another penalty is expressly provided for by the New Jersey Statute, every person convicted of a violation of this ordinance or any supplement thereto shall be punishable by the penalty set forth in Chapter 1, Article II, Penalty.
Section 3. 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 4. 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 5. Effective Date.
A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Township Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.
B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40A:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.
C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Council vote in favor of such resolution.
Moved by Councilman Testino, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilmen Butler, Maher
President Gillespie opened this matter to the public. Seeing no hands he closed the public portion.
Councilman Calogera inquired if we are taking over the maintenance of the roadways or is this just to do with the traffic.
Attorney Convery stated this was only for traffic control. You are not taking over the roadways. It is not a dedication of the roadways. It is simply to allow summons to be issued for violations of the motor vehicle laws on those streets.
CONSENT AGENDA
President Gillespie opened the Consent Agenda to the public:
Linda Seiler had questions on various items on the agenda with regard to back-up information in support of the resolutions.
President Gillespie told Ms. Seiler that her questions would be answered as they discussed the separated resolutions.
CHAPTER 159 DRUNK DRIVING ENFORCEMENT GRANT IN THE AMOUNT OF $4,977.00
RESOLUTION #99-06
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, N.J.S.A.40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget;
WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and
WHEREAS, the Township of Old Bridge received $4,977.00 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 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 to the year SFY 2006 in the sum of $4,977.00 which is now available as a revenue from:
Drunk Driving Enforcement Grant
BE IT FURTHER RESOLVED that a like sum of $4,977.00 be and the same is hereby appropriated under the caption of:
Drunk Driving Enforcement Grant
BE IT FURTHER RESOLVED, that the Clerk forward three copies of this resolution to the Director of Local Government Services.
Moved by Councilman Volkert, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilmen Butler, Maher
KARA HOMES, HORIZONS AT BIRCH HILL PHASE I
RESOLUTION #100-06
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, Kara Homes, Horizons at Birch Hill Phase I located at Block 21001, Lots 1, 2.11, 6, 7.11, 7.12, 7.13, 8, 10, 11, 12, 14, 16 & 18, Old Bridge Township sought a release/reduction of the performance guarantee; and
WHEREAS, a hearing was held on February 27, 2006 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 65% complete; and
WHEREAS, the Consulting Engineer CME Associates, by memorandum dated December 16, 2005 recommends the following reduction:
Performance Bond $2,386,693.54
This Reduction Amount: $1,534,458.87
Bond Reduced To: $852,233.67
Original Cash Deposit $265,188.06
This Reduction Amount $170,495.43
Cash to be Retained $94,692.63
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 Kara Homes, Horizon at Birch Hill Phase I be reduced as indicated above.
Moved by Councilman Volkert, Seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilmen Butler, Maher
RESOLUTION MEMORIALIZING DENIAL OF THE RELEASE OF PERFORMANCE GUARANTEE FOR KARA HOMES - BIRCH HILL OFFSITE ROAD IMPROVEMENTS TO EAST GREYSTONE ROAD
RESOLUTION #101-06
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, the Township Council of the Township of Old Bridge has considered the release/reduction of the performance guarantee for Kara Homes - Birch Hill Off Site Road Improvements; and
WHEREAS, a public hearing was held on February 27, 2006, at which time the release of the performance guarantee for Kara Homes - Birch Hill Off Site Road Improvements to East Greystone Road was considered; and
WHEREAS, CME Associates, consultants for the Engineering Department of the Township of Old Bridge, in a report dated December 16, 2005, has recommended that the release of the performance guarantee be rejected based upon the findings of their report. The report of CME Associates is on file in the office of the Clerk.
NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the release of the performance guarantee for Kara Homes - Birch Hill Off Site Road Improvement to East Greystone Road is hereby denied.
Moved by Councilman Volkert, Seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilmen Butler, Maher
A RESOLUTION REQUESTING PERMISSION FOR A DEDICATION BY RIDER FOR DEVELOPERS ESCROW/TREE REMOVAL PROGRAM.
RESOLUTION #102
BE IT RESOLVED by the Township Council, of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider for Developers Escrow/Tree Removal Program for donations received by a municipality when the revenue is not subject to reasonably accurate estimates in advance
WHEREAS, N.J.S.A.40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures or moneys by dedication by rider; and
NOW, THEREFORE, BE IT RESOLVED that such escrow fees, contributions and donations received by the municipality be placed in a specific trust fund and such trust fund shall be considered a "Dedication by Rider" to the budget of the local unit per N.J.S.A.40A;4-39 for the sole purpose stated above.
Moved by Councilman Volkert, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilmen Butler, Maher
KINSEY ASSOCIATES FOR VETERANS PARK TENNIS COURT & HANDBALL COURT & CLIFFWOOD BEACH BASKETBALL LIGHTING.
RESOLUTION #103-06
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 a professional engineering firm to provide design services and preparation of specifications for Veteran's Park Tennis Court & Handball Court & Cliffwood Beach Basketball Lighting; and
WHEREAS, Kinsey Associates is a licensed New Jersey engineering firm which is recognized as capable and available to undertake such work; and
WHEREAS, Kinsey Associates has received the recommendation of the Fair and Open Process Review Committee pursuant to the Fair and Open Process in accordance with Municipal Regulation 002-2006.
WHEREAS, the Township Council wishes to authorize contract #2006-19 with Kinsey Associates for purposes of providing the aforesaid professional engineering service.
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. A contract for professional services is authorized to be entered into with Kinsey Associates located at Hastings Commons, Building 2A, 486 Schooley's Mountain Road, Suite 207, Hackettstown, N.J. 07840 in the amount not to exceed $20,000.00
2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1422 certifying the existence of a sufficient appropriation to
Fund the said contract.
3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.
This Resolution is contingent upon the following:
A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
B. Issuance of a Certificate of Availability of Funds as aforesaid.
C. Compliance by the vendor with signing the mandatory affirmative action language required by law.
D. Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with affirmative action employee information reporting.
No contract shall be considered awarded unless and until, the above requirements are executed.
Moved by Councilman Volkert, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilmen Butler, Maher BINGO/RAFFLE
RESOLUTION #104
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, the following organizations have made application to hold, operate and conduct a Bingo/Raffle; said applications being in accordance with the statutes relating thereto.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Township Clerk is hereby authorized and directed to issue to the applicant
RA56-06 N.J. State Elks
RA57-06 - Carpenter School
RA58-06 - Carpenter School
RA59-06 - Carpenter School
RA31-06A - St. John Vianney PTA
Moved by Councilman Baker, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Volkert, Councilwoman Panos, President Gillespie
NAYS: None.
ABSTAIN: Councilmen Greene, Testino
ABSENT: Councilmen Butler, Maher
USE VACANT TOWNSHIP HOUSE ON MARLBORO ROAD FOR FIRE TRAINING PURPOSES.
RESOLUTION #105-06
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 owns a vacant house on Marlboro Road, known as Block 21000, Lot 6.11; and
WHEREAS, the South Old Bridge Volunteer Fire Company and the Board of Fire Commissioners (District #3) desire to use this Township owned vacant house on Marlboro Road for fire training purposes; and
WHEREAS, the South Old Bridge Volunteer fire Company and the Board of Fire Commissioners (District 3) have assured the Township that at no time will the house be set on fire or burned in any way; and
WHEREAS, a representative has appeared before the Township Council to explain the intended use of the house; and
WHEREAS, the Board of Fire Commissioners will provide a "Hold Harmless Agreement" to the Township for the use of the Township owned building.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the South Old Bridge Volunteer Fire Company and the Board of Fire Commissioners (District 3) are hereby authorized to utilize the Township owned vacant house on Marlboro Road for fire training.
BE IT FURTHER RESOLVED, that this authorization is subject to receipt of a "Hold Harmless Agreement" from the Board of Fire Commissioners and inspection of the vacant house by the Construction Officer prior to use.
Moved by Councilman Testino, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT PODIUM: Councilman Calogera
ABSENT: Councilmen Butler, Maher
Prior to the roll call vote the following discussion took place:
Councilwoman Panos stated that she was glad that this item was being approved this evening.
INTERLOCAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND OLD BRIDGE TOWNSHIP BOARD OF EDUCATION
RESOLUTION #106-06
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 (hereafter referred to as the "Township") is a municipal corporation of the State of New Jersey, with offices located at One Old Bridge Plaza, Old Bridge, New Jersey; and
WHEREAS, the Old Bridge Township Board of Education (hereafter referred to as the "Board of Education" is a board of education created under N.J.S.A.18A:10 et seq. with offices located on Rt. 516, Old Bridge, New Jersey; and
WHEREAS, the Township of Old Bridge of Old Bridge has decided to perform and Environmental Study of the Nike Site, known as Block 7000 Lots 4.14 and 4.15; and
WHEREAS, the Board of Education has asked the Township to include their adjoining parcel Block 7000 lot 4.11 in the Environmental Study; and
WHEREAS, the Township and the Board of Education desire to enter into an Inter-local Services Agreement in order to employ a single Environmental Consultant to complete separate environmental evaluations.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, The parties agree as follows:
1. The parties agree that the Township shall solicit proposals from Environmental Consulting Engineers utilizing their Fair and Open Process. All proposals shall provide for separate scopes of work and prices, broken down by Block and Lot as outlined above. The Township and the Board of Education shall both be represented on the Review Committee which shall recommend an Environmental Consulting Firm for this project.
2. Proposals for the Board of Education Parcel can only be awarded upon receipt of written approval from the Board of Education.
3. All proposals shall be annexed hereto and made part of this agreement.
4. The Township and the Board of Education shall each be responsible for the cost related to their respective parcel(s). The township agrees to initially pay all invoices
received from the consultant; the Board of Education, shall reimburse the Township of Old Bridge within 30 days of receiving a copy of the invoice.
5. Any and all work product created as a result of this project will be owned and shared by and between the Township of Old Bridge and the Board of Education.
This Agreement shall be effective upon execution hereof and the ratification and adoption of this Agreement by the Council of the Township of Old Bridge and the Old Bridge Township Board of Education
Moved by President Gillespie, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie
NAYS: None.
Prior to the roll call vote the following discussion took place:
Councilwoman Panos inquired if the township was responsible for 50% of the fee and the Board responsible for the other 50%?
Administrator Jacobs stated the specs that went out identified the two parcels separately, they are paying for their project and the township is paying for theirs.
VIDEO SURVEILLANCE SYSTEM FOR LAURENCE HARBOR BEACHFRONT.
RESOLUTION #107
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 bids in connection with Contract #2006-18 for improvements to the Old Bridge Municipal Complex; and
WHEREAS, bids were received and opened on March 2, 2006; and
WHEREAS, the Township Council wishes to award the contract for the improvements for the surveillance system for Laurence Harbor Beach Front; and
WHEREAS, our Township Special Projects Engineer has recommended that a contract be awarded to Access Systems Integration, LLC 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. Access Systems Integration, LLC with principal offices located at 1 Bethany Road, Suite 40, Hazlet, N.J. 07730 is hereby awarded a contract in the amount of $16,750.00 for the
surveillance system for the Laurence Harbor Beach Front.
2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1420 certifying the existence of a sufficient appropriation to
Fund the said contract.
3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.
This Resolution is contingent upon the following:
A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
B. Issuance of a Certificate of Availability of Funds as aforesaid.
C. Compliance by the vendor with signing the mandatory affirmative action language required by law.
D. Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with affirmative action employee information reporting.
No contract shall be considered awarded unless and until, the above requirements are executed.
Moved by Councilman Baker, seconded by President Gillespie and so moved on the following roll call vote:
AYES: Councilmen Baker, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None
ABSENT PODIUM: Councilman Calogera
ABSENT: Councilmen Butler, Maher
Prior to the roll call vote the following discussion took place:
Councilwoman Panos stated she just realized where these cameras were going to be located.
PENSION ROAD PARK CRICKET FIELD.
RESOLUTION #108-06 1/2
WHEREAS, the Township of Old Bridge requires the services of a professional engineering firm to provide construction and contract supervision of the Pension Road Park Cricket Field; and
WHEREAS, CME Associates is a licensed New Jersey engineering firm which is recognized as capable and available to undertake such work; and
WHEREAS, CME Associates has received the recommendation of the Fair and Open Process Review Committee pursuant to the Fair and Open Process in accordance with Municipal Regulation #002-2006.
WHEREAS, the Township Council wishes to authorize a contract with CME Associates for purposes of providing the aforesaid professional engineering service.
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. A contract for professional services is authorized to be entered into with CME Associates located at 1460 Rt. 9 South, Howell, New Jersey 07731 in the amount not to exceed $11,200.00.
2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1423 certifying the existence of a sufficient appropriation to
Fund the said contract.
3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.
This Resolution is contingent upon the following:
A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
B. Issuance of a Certificate of Availability of Funds as aforesaid.
C. Compliance by the vendor with signing the mandatory affirmative action language required by law.
D. Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with affirmative action employee information reporting.
No contract shall be considered awarded unless and until, the above requirements are executed.
Moved by Councilman Testino, seconded by President Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Baker, Greene, Testino, Volkert, President Gillespie.
NAYS: None.
ABSTAIN: Councilwoman Panos
ABSENT PODIUM: Councilman Calogera
ABSENT: Councilmen Butler, Maher
Prior to the roll call vote the following discussion took place:
President Gillespie stated that there are tons of cricket fans in Old Bridge who are anxious to have these fields. There was a question about when the pay-to-play ordinance came into effect, so our attorney will explain.
Attorney Convery stated that it was his recollection that the Mayor put the municipal regulation into effect January 6, 2006 to impose the pay-to-play and the Council adopted the ordinance. So the operative date is January 6, 2006. All of these resolutions indicate that the fair and open process was utilized in developing this contract and in each case there is a report from the committee regarding the fair and open process that every council person has, The business administrator was the one who drafted the provisions.
GRANTING PERMISSION FOR THE ACCEPTANCE OF SEALED BIDS FOR ONE PLENARY RETAIL DISTRIBUTION LICENSE (MINIMUM BID $280,000)
RESOLUTION #109-06
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, N.J.S.A. 33:1-12.14 provides that no new Plenary Retail Distribution License shall be issued in a municipality unless and until the number of such licenses existing in the municipality is few than one (1) for each 7,500 of its population as shown on the last preceding Federal Census; and
WHEREAS, the Federal Census figure for the 2000 Census has been certified by the New Jersey Secretary of State Department; and
WHEREAS, pursuant to such certified figures, the population of the Township of Old Bridge is 60,456 persons; and
WHEREAS, as a result of the foregoing, there exists in the Township of Old Bridge the authority to issue three (3) new Plenary Retail Distribution Licenses for the sale of alcoholic beverages; and
WHEREAS, the Township Council has sold at previous sales two (2) of the new Plenary Retail Distribution Licenses for the sale of alcoholic beverages; and
WHEREAS, the Township Council has determined to sell, at public sale, the remaining one (1) new Plenary Retail Distribution License; and
WHEREAS, pursuant to N.J.S.A. 33:1-19.3, it is the desire of the Township of Old Bridge, Middlesex County, to accept sealed bids for said new license as required by law subject to the terms and conditions herein specified.
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 Township of Old Bridge hereby determines that it will sell at public sale one (1) new Plenary Retail Distribution License by public sale to the highest qualified bidder and invites bids therefore;
2. The Township Clerk shall publish a notice of the proposed issuance of the alcoholic beverage license. The notice shall provide the following:
a. The Township, by Resolution, has determined to consider the issuance of one (1) new Plenary Retail Distribution License by public sale to the highest qualified bidder and invites bids therefore;
b. The Notice shall be published in the Home News Tribune not less than two (2) times, which publications shall not be less than one (1) week apart. The second or last notice shall be published at least thirty (30) days before the date established to open all bids from qualified bidders. The minimum time period that must be allowed for bidders to apply for licenses is twenty-five (25) days after the second publication.
c. All prospective bidders for the license shall apply by submitting to the Clerk of the Township of Old Bridge, in full and complete form, the eleven (11) page application form; a separately sealed envelope with the applicant's bid and bid deposit fee; and a separate Certification of Proof of Compliance by the applicant that it meets any and all special conditions or requirements contained in the Notice and knows of no reason why he or she would be disqualified from having an interest in a Retail License in New Jersey; and are required to be fingerprinted and photographed by the Old Bridge Police Department.
d. The Notice will advise that all bids will be sealed and that the minimum bid for the new license shall be $280,000.00 along with any terms and conditions related to the bid process, such as deposits, returns, forfeitures, etc.
e. The Notice shall state the Township reserves the right to reject all bids if the highest bid is not accepted. A sale may be postponed or canceled at any time prior to opening of the bids;
f. The Notice shall specify the time, place and last date that applications and bids will be accepted. Also indicated therein will be the requirement that the Clerk of the Governing Body shall publicly announce those applicants who presumptively meet the qualifications for bidding as fixed by laws, rules and regulations and the enabling Resolution and Notice. This public announcement must occur not less than five (5) days prior to the date of opening the sealed bids;
g. The time, place and date that the sealed bids will be opened must also be specified in the Notice, which must be no sooner than five (5) days after the public announcement of all presumptively qualified bidders. No bids will be opened from or on behalf of any bidder who does not qualify or has not submitted proof of qualification (full and complete eleven (11) page ABC application form and Certification of Proof of Compliance);
h. At the designated time, place and date, the sealed bids will be opened and all bid amounts and the highest bid amount will be declared. If the issuing authority determines to reject all bids they shall do so by formal Resolution. If they determine to accept the highest qualified bid, that also shall be done by Resolution under the conditions that the ultimate issuance of the license will be subject to payment of the balance of the bid price; payment of the State $200.00 application fee and Annual Municipal Retail Distribution License Fee and satisfactory outcome of further municipal background checks to investigate the source of funds used to purchase the license and the receipt of favorable State and/or Federal criminal background checks; and the compliance with the publication, hearing and Resolution requirement under N.J.A.C. 33:2-1. et seq.
3. The minimum bid price for the Plenary Retail Distribution License shall be $280,000.00
4. Thursday, May 4, 2006 at 12:00 Noon at the Office of the Township Clerk, One Old Bridge Plaza, Old Bridge, New Jersey is hereby fixed as the last date and time that applications and bids will be accepted.
5. Friday, June 9, 2006 at 12:00 Noon at the Office of the Township Clerk, One Old Bridge Plaza, Old Bridge, New Jersey is hereby fixed as the date, time and location for a public announcement of all presumptively qualified bidders;
6. Wednesday, June 14, 2006 at 11:00 a.m. at the Municipal Building, One Old Bridge Plaza, Old Bridge, New Jersey is hereby fixed as the date, time and location when sealed bids will be opened and all bid amounts and the highest bid amount will be declared. A Resolution accepting the highest bid or rejecting all bids as the case may be, shall be adopted at a subsequent Township of Old Bridge Council meeting;
7. $20,000 bid deposit shall accompany the sealed bid. The deposit shall be by certified check. The deposit shall be refundable to the bidder if no subsequent bid is authorized or the bid submitted is not accepted as the highest qualified bid. All bidders must comply with the regulations of the New Jersey Division of Alcoholic Beverage Control and Ordinances of the Township of Old Bridge concerning where the license will be sited. Bidders are advised that Old Bridge Township ordinances contain limitations on locating a liquor store in certain districts. Township ordinances also prohibit liquor establishments in the proximity of schools and places of religious worship. (See Ordinance 6-3.5(d), Limitations on Transfers and Issuance of New Licenses.
No new licenses or transfers of existing licenses shall hereafter be issued or transferred to premises within seven hundred fifty (750) feet of a private or public school, church, synagogue or place of worship. ( Added 2-2-81 by Ord. N. 3-81)
8. The Township reserves the right to reject any and all bids where the highest bid is not accepted.
9. In addition to the foregoing advertisement in compliance with regulations, the Township Clerk shall cause the following advertisement to be posted in the business opportunity section of (1) the Home News Tribune; (2) the Star Ledger for a five (5) day period which shall include one Sunday; (3) the monthly magazine of New Jersey Beverage Journal and New York Beverage Media.
NOTICE OF PUBLIC SALE OF LIQUOR LICENSE
Old Bridge Township will offer a Liquor License for sale to the highest bidder on Wednesday, June 14, 2006 at 10AM. This license is for the establishment of a new store to sell alcoholic beverages in original containers (package store) and not for consumption at the licensed premises (other than wine tasting). Interested persons should contact Rose-Marie Saracino, Township Clerk of the Township of Old Bridge for details at
One Old Bridge Plaza
Old Bridge, New Jersey 08857
732-721-5600, ext. 2200
10. In order to be considered qualified, a bidder must be 18 years of age or older and not have been convicted of a crime of moral turpitude
12. Within two (2) business days following the acceptance of the high bid, the successful bidder shall post the difference between the $20,000 deposit and 10% (ten percent) of the amount accepted as the highest bid. The balance of the amount of the bid shall be paid no more than thirty (30) days following acceptance.
13. Successful bidders are entitled to acquire, own and put in use a liquor distribution store. The successful bidder must present an application to the Township Council to site the license before putting same in use.
A. In the event the license to be sited on an existing structure, the successful bidder shall put the liquor license into active use within six (6) months following acceptance of the bid. In the event the successful bidder proposes to construct or substantially renovate a building to house the liquor distribution operation, the following deadlines shall apply:
1. The bidder shall submit a complete application for Planning Board or Board of Adjustment approval (if required) within six (6) months following acceptance of the bid.
2. following acceptance of the bid.
3. Construction of any new building or renovation shall be completed within eighteen (18) months following acceptance.
B. Forfeiture of deposit will occur under the following circumstances:
1. The successful bidder fails to post the additional deposit after his or her bid is accepted.
2. The successful bidder fails to substantially comply with the requirement to submit planning or zoning applications, apply for building permits or fails to construct and complete any required building.
No forfeiture shall occur unless the successful bidder is given a notice and opportunity to be heard before the Township Council of the Township of Old Bridge. The Township Council may relax forfeiture provisions upon good cause shown.
Moved by Councilman Baker, seconded by President Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Testino, Volkert, President Gillespie.
NAYS: Councilman Greene, Councilwoman Panos
ABSENT PODIUM: Councilman Calogera
ABSENT: Councilmen Butler, Maher
Prior to the roll call vote the following discussion took place:
Councilman Greene stated that he was not in favor of another liquor license in town. He feels that it is unfair to the existing liquor stores and the economic impact it will have on these businesses. Councilman Greene stated his personal observation is that these people are not making a decent income and another liquor store, the current license holders will suffer. Before we move forward on this , a survey should be done and find out what the impact would be on the current retail establishments. This is just an opportunity for another "one shot" revenue in the next budget, and in the long term it is unfair.
KINSEY ASSOCIATES FOR MANNINO PARK PHASE 1 PARK DEVELOPMENT
RESOLUTION #110-06
WHEREAS, the Township of Old Bridge requires the services of a professional engineering firm to provide design services and preparation of specifications for Mannino Park Phase I Park Development; and
WHEREAS, Kinsey Associates, is a licensed New Jersey engineering firm which is recognized as capable and available to undertake such work; and
WHEREAS, Kinsey Associates has received the recommendation of the Fair and Open Process Review Committee pursuant to the Fair and Open Process in accordance with Municipal Regulation 002-2006.
WHEREAS, the Township Council wishes to authorize contract #2006-16 with Kinsey Associates for the purposes of providing the aforesaid professional engineering service.
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. A contract for professional services is authorized to be entered into with Kinsey Associates located at Hastings Commons, Building 2A, 486 Schooley's Mountain Road,
Suite 207, Hackettstown, N.J. 07840 in the amount not to exceed $81,000.00
2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1421 certifying the existence of a sufficient appropriation to
Fund the said contract.
3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.
This Resolution is contingent upon the following:
A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
B. Issuance of a Certificate of Availability of Funds as aforesaid.
C. Compliance by the vendor with signing the mandatory affirmative action language required by law.
D. Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with affirmative action employee information reporting.
No contract shall be considered awarded unless and until, the above requirements are executed.
Moved by Councilman Testino, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilmen Butler, Maher
Prior to the roll call vote the following discussion took place.
Mayor Phillips stated that he wanted the opportunity to thank Tom Badcock. The grand design of this project will run into millions of dollars when completed. This resolution is to bring on a firm that will design the next segment of this project. Tom has concluded that the next budgetary situation should encompass at least one or two little league type baseball fields. The bonding money being used for this actually comes from a fund that was contributed by developers. We have the bond money and it is now coming forward for us to do the next section of Mannino Park which should address the needs of little leagues in this town.
RESOLUTION AUTHORIZING PROFESSIONAL SERVICES CONTRACT WITH CME ASSOCIATES FOR ENVIRONMENTAL EVALUATION OF THE NIKE SITE
RESOLUTION #111-06
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 a professional engineering firm to provide an environmental evaluation of the Nike Site; and
WHEREAS, CME Associates is a licensed New Jersey engineering firm which is recognized as capable and available to undertake such work; and
WHEREAS, CME Associates has received the recommendation of the Fair and Open Process Review Committee pursuant to the Fair and Open Process in accordance with Municipal Regulation 002-2006.
WHEREAS, the Township Council wishes to authorize a contract with CME Associates for purposes of providing the aforesaid professional engineering service.
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. A contract for professional services is authorized to be entered into with CME Associates located at 1460 Rt. 9 South, Howell, N.J. 07731 in the amount not to exceed $60,450.00. (Phase I Environmental Assessment) $3,860.00 and Phase II Environmental Site Investigation $56,590 - Total: $60,450.00)
2. The award of the contract is contingent upon the availability of funds from the Open Space Trust Fund and a Certification of Availability of Funds #1419 certifying the existence of a sufficient appropriation to fund the said contract.
3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review
any and all contractual documents prepared in furtherance of this award.
This Resolution is conditioned upon the following:
A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
B. Issuance of a Certificate of Availability of Funds as aforesaid.
C. Compliance by the vendor with signing the mandatory affirmative action language required by law.
D. Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with affirmative action employee information reporting.
No contract shall be considered awarded unless and until, the above requirements are executed.
Moved by President Gillespie, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
Prior to the roll call vote the following took place:
Councilman Calogera inquired if the Board of Education was going to put up money for this joint venture.
President Gillespie stated that the Board was going to pay for their portion and as previously explained, the township will be responsible for their portion.
PUBLIC COMMENTS
Linda Seiler inquired about the time frame for the contributions and the fair and open process refers to the municipal ordinance in the paperwork but it was superseded by the ordinance and the ordinance should take precedence. Also, with regard to the golf course, what is the status? Also Ms. Seiler complained about the promptness of members at various board meetings as well as those members who do not attend.
Attorney Convery stated that the state law indicates it goes forward from January 1, 2006. It specifically indicates that for the first year you do not look at the preceding year. The regulation that the Mayor signed on January 6th goes forward from that time for the specific provisions. Prior to that you were covered by the preceding municipal regulation and any vendor would have to comply with the previous year's municipal regulation. The fair and open process is a process and the Mayor signed a regulation that put that in place and is in effect for all professional service contracts.
President Gillespie stated that in answer to the question on the Golf matter, there has not been a meeting with the Green Acres portion. President Gillespie apologized for arriving late at a board meeting, but due to circumstances of his job and traffic he was held up.
Linda Seiler responded that she thought that there were rules governing attendance at meetings.
COUNCIL COMMENTS:
Councilman Greene stated that he would like clarification on the pay-to-play ordinance. The regulations are hazy and confusing and he feels that there should be a workshop to clarify the ordinance. Also, he would like a copy of the outline that was referenced.
President Gillespie responded that he would provide same to Councilman Greene.
Councilman Greene also stated that he had a productive meeting with township officials regarding Englishtown and Texas Road. He asked that the attorney prepare a resolution based on the information outlined in the article by Laura Matthews of the Suburban as well as any additional information Councilman Greene could provide. The matter should be addressed and we need the County's support.
Attorney Convery stated that whenever there is an award, your packet will contain an Exhibit B-9, entitled Pay-to-Play Certification and whoever gets the job has to attest that they have not made a contribution of more than $300.00 and that the firm has not made contributions in excess of $2500.00 and you should look for this for any professional service contract award.
Councilman Calogera stated he would also like copies of any information Mr. Convery receives at the seminar on the pay-to-play and how it will affect the campaign contributions for the candidates in the next election.
MOTION
Motion to adjourn by Councilman Testino, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Gillespie.
NAYS: None.
ABSENT: Councilman Maher
_________________________________
President Patrick Gillespie
__________________________________
Rose-Marie Saracino, Township Clerk
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