Dr. Shapiro expressed his appreciation for having the opportunity to represent the United States and the Township of Old Bridge and for the recognition given him by the officials of the State of New Jersey and the Township of Old Bridge.

Certificates

Certificates were presented by Mayor Phillips and Director of Parks and Recreation, Tom Badcock, to the members of the Old Bridge Jr. Knights Ice Hockey Pee Wee “A” Team, champions of NJ Pee-Wee “A” National Conference.

Proclamation

A proclamation was read by President Gillespie proclaiming April as “Autism Awareness Month” within the Township of Old Bridge.

Mayor's Comments

Mayor Phillips read an excerpt from a letter addressed to Alex Tucciarone, Construction Official, from the Middlesex County Planning Board dated March 24, 2006 with respect to conditions at the Woodhaven development which require immediate attention. The letter also stated that if these improvements were not made within ten days of the receipt of the letter, the Middlesex County Planning Board would be forced to take action against Woodhaven. The suggestion was made that all outstanding building permits and unfilled certificates of occupancy should be put on hold or terminated by the Township of Old Bridge until the applicant demonstrates that the work will be completed within a reasonable time.

Mr. Phillips stated that he met with Ms. Ritchie and Mr. Tucciarone to discuss how to best implement the directives relating to Woodhaven.

President Gillespie informed the Township Council that there exists an application for 800 homes, and that his hope was that the planning board will take this letter into account.

Councilman Greene expressed his desire for a road study at the intersection of Texas and Englishtown Roads to determine the immediate needs to accommodate the approved development in that area. He stated that an application has been filed to build one million square feet of commercial space at the intersection of Englishtown and Texas Roads. Suggested that since the infrastructure could not support this, the county must design a plan to address the situation.

RESOLUTION NO. 117

BILL LIST

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

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

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of 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 27, 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 27, 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 $5,058,364.53 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilman Calogera.

RESOLUTION NO. 118

BILL LIST

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

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

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of 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 27, 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 27, 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 $816,527.83 (Payroll).

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

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

NAYS: None.

ABSENT: Councilman Calogera.

RESOLUTION NO. 119

BILL LIST

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

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

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of 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 27, 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 27, 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 $25,197.90 (Overtime).

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

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

NAYS: None.

ABSENT: Councilman Calogera.

Report of the Clerk.

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

The following represents the collections made during the month of February 2006:

DOGS
1001-1833 6,275.00 1096 & 1492 replacements 1.00
1765 seeing eye dog n/c

CATS
262 not included in box
263-264 14.00

LICENSES
Vending
Candy - $5.00
#'s
8 VOIDED n/c
9 Stardis 5.00
10-21 American Coin 60.00
22 ERA Designs for Living 5.00
23 Strauss Discount Auto 5.00
24-27 Board of Education 20.00
28 Summerhill Nursing Home 5.00
29-34 Vendlink 30.00

Soda - $10.00
#'s
13 ERA Designs for Living 10.00
14 Strauss Discount Auto 10.00
15-18 Board of Education 40.00
19 Summerhill Nursing Home 10.00
20-26 Pepsi 70.00
27-39 Vendlink 130.00
40-41 Route 18 Amusements 20.00

Amusement - $25.00
#'s
24 Keg & Cork 25.00
25-30 American Coin Vending 150.00
31-32 Vendlink 50.00
33-104 Route 18 Amusements 1,800.00

Food- $25.00
#'s
1 Route 18 Amusements 25.00

Limousine
Golden Limo Service (Madhat) 50.00

Towing
George Logan 200.00
Boyce 300.00
DJ Service Station 200.00
First Due Towing & Recovery 100.00
Old Bridge Collision 100.00
Regional Transport 100.00

Hot Dog
Sylvester Concalves 50.00

Used Cars
Jean's Used Cars 350.00 (add'l $150.00 paid in March 06)
Oasis Ford 500.00
Circle Automotive 750.00
Daron Motors 750.00
Cassidy 500.00
6,420.00

BINGO/RAFFLE
RA 44-06 The Cystic Fibrosis Foundation 10.00
RA 45-06 The Cystic Fibrosis Foundation 10.00
RA 46-06 Issued in Jan n/c
RA 47-06 Issued in Jan n/c
RA 48-06 Issued in Jan n/c
RA 49-06 Issued in Jan n/c
RA 50-06 Most Holy Redeemer 10.00
RA 51-06 St Bernadette's 50.00
RA 52-06 Raritan Bay Medical Center 10.00
RA 53-06 St Thomas Home School 10.00
RA 54-06 Mc Divitt School 10.00
RA 55-06 St Lawrence Church 10.00
RA 56-06 NJS Elks Association 190.00
RA 57-06 Carpenter School n/c
RA 58-06 Carpenter School n/c
RA 59-06 Carpenter School 10.00
320.00

PARKING PERMITS
#2004-2061 ( 45 Permits) 1,125.00
#2006, 2007, 2009, 2023, 2029, 2030, 2044, 2049, 2053, 2055, 2059, 2061
replacements 60.00
#2045 VOIDED

Temporary Permits
#635-641 (5 permits) 25.00
2 VOIDED 1,210.00

MISCELLANEOUS
Photocopies 254.25
254.25

TOTAL $14,494.25

Motion

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

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

NAYS: None.

ABSENT: Councilman Calogera.

Preliminary public comment

Mr. Seewald addressed the council with his concerns about the forthcoming Board of Education election and the related proposed budget.

Dr. Greenberg recited a letter she had written to the mayor containing many questions with respect to the purchase of Cottrell farm, Crossings development and Legacy Grand and read Mayor Phillips' response to her letter.

Ms. Seiler raised questions about the ethics board and that board's lack of public meetings.

Mr. Rao encouraged the taxpayers of Old Bridge to defeat the budget of the Board of Education.

Hearing

1. The Grande at Old Bridge – release/reduction of performance guarantee.

Mr. Pepe, the in-house attorney for D.K. Horton, and Mr. Valesi, of CME Associates, recommended a 42% reduction in the performance guarantee ($1,374,944.68) with the Township of Old Bridge retaining an amount no less than $1,887,156.50 and a reduction in the cash surety to reduced by $152,771.63 with the Township of Old Bridge holding $209,684.06 (58% of the performance guarantee).

Motion

to reduce the performance guarantee of the Grande at Old Bridge by 42% made by Councilman Baker, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Calogera.

Prior to the roll call vote the following discussion took place

Councilman Greene stated that he supported this development of senior housing and that he believes this type of housing to be beneficial for the development of Old Bridge but questioned which administration would be credited for multi-family buildings with 26-29 units per building totaling 278 units.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 07-2006

AN ORDINANCE PROVIDING FOR THE INSTALLATION AND OPERATION OF A TRAFFIC CONTROL SIGNAL AT THE INTERSECTION OF RT. 516 AND OWENS ROAD

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

Section 1. Purpose of Ordinance

This ordinance is adopted to permit the installation and operation of a traffic control signal at the intersection of Rt. 516 and Owens Road.

Section 2. Provisions

The traffic signal installation shall be in accordance with the provisions of an act concerning motor vehicles and traffic regulations, Subtitle 1 of Title 39 of the Revised Statutes, shall conform to the design and shall be maintained in operation as authorized by the Department of Transportation.

Section 3. Approval

The ordinance shall take effect upon approval by the Commissioner of Transportation as provided by law.

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.

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

NAYS: None.

ABSENT: Councilman Calogera.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 08-2006

AN ORDINANCE PROVIDING FOR THE INSTALLATION AND OPERATION OF A TRAFFIC CONTROL SIGNAL AT THE INTERSECTION OF RT. 516 AND GAUB ROAD

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

Section 1. Purpose

This ordinance is adopted to permit the installation and operation of a traffic control signal at the intersection of Route 516 and Gaub Road.

Section 2. Provisions

The traffic signal installation shall be in accordance with the provisions of an act concerning motor vehicles and traffic regulations, Subtitle 1 of Title 39 of the Revised Statutes, shall conform to the design and shall be maintained in operation as authorized by the Department of Transportation.

Section 3. Approval

The ordinance shall take effect upon approval by the Commissioner of Transportation as provided by law.

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

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

NAYS: None.

ABSENT: Councilman Calogera.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 09-2006

AN ORDINANCE AMENDING SECTION 351-11 OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE CONCERNING PAID HEALTH BENEFITSFOR CERTAIN RETIREES

WHEREAS, the Superior Court of New Jersey, Appellate Division, required uniformity in health benefits among retirees in the case of Fair Lawn Retired Policemen, Plaintiff-Appellant/Cross-Respondent vs. Borough of Fair Lawn, Defendant-Respondent/Cross-Appellant, decided April 11, 1997; and

WHEREAS, the Township is required to provide health benefits to those employees who retire on or after January 1, 2005, and delineate such employees from those who retired prior to January 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 is required 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 One. 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

Employees who retire on or after January 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 and has been continuously employed by the Township of Old Bridge for a period of 25 years or longer 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 Two. Section 351-11 C. 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 coverage 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.
d. 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.
e. 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 Three. Section 351-11B. of the Township Code shall be removed.

Section Four. 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 Five. 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 Six. This ordinance shall take effect after final passage and publication as provided by law.

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

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

NAYS: Councilman Volkert.

ABSTAIN: Councilman Greene, Councilwoman Panos.

ABSENT: Councilman Calogera.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 10-2006

AN ORDINANCE AMENDING CHAPTER 10 TRAFFIC, SECTION 10-19 HANDICAPPED PARKING OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE

WHEREAS, the Township Council of the Township of Old Bridge deems it to be in the best interests of its residents to provide resident handicapped on-street parking zones in front of residences occupied by handicapped persons.

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Chapter 10 entitled Traffic Section 10-19 Handicapped Parking is hereby amended as follows:

Section 1. Purpose

Pursuant to N.J.S.A. 39:4-197.6, any municipality may by ordinance establish a restricted parking zone in front of a residence occupied by a handicapped person if a windshield placard or wheelchair symbol license plate has been issued for a vehicle owned by the handicapped person, or by another occupant of the residence who is a member of the immediate family of the handicapped person, by the Division of Motor Vehicles pursuant to the provisions of N.J.S.A. 39:4-204 et sq. provided the permitting thereof would not interfere with the normal flow of traffic.

Section 2. 10-19: Handicapped Parking Policy

Section 10-19.1. Application for on-street handicapped parking space; procedure

a. All residents requesting the issuance of a designated on-street handicapped parking space in the Township of Old Bridge must complete and file a formal application with the Township of Old Bridge Police Department.

b. The application shall require the applicant to provide the following documentation:

(1) The applicant must possess a disabled person identification card issued by the New Jersey Division of Motor Vehicles.

(2) The applicant must furnish to the Police Department a valid motor vehicle registration for the vehicle requiring the space and if the applicant is the vehicle operator, a valid motor vehicle operator license.

(3) The applicant may request a designated handicapped parking space only for the applicant's place of residence.

(4) If the applicant is not the owner of the property at which the handicapped parking space is to be designated, a written statement from the property owner must be submitted to the Police Department stating that the owner has no objection to the restriction of parking in front of the property. Said written statement may not be reasonably withheld by the property owner.

c. The completed application, together with the required documentation as required in Subsection B, shall be filed with the Township of Old Bridge Police Department and shall constitute a request for a designated restricted handicapped parking space.

d. The Township of Old Bridge Police Department shall approve or deny requests for the issuance of designated restricted handicapped parking spaces on the basis of the standards set forth in Section 10-19.2 of this subsection.

Section 10-19.1. Grounds for denial of application.

Notwithstanding an applicant's compliance with Section 10-19.1 above, an application for handicapped parking space shall be denied if:

a. Pursuant to applicable state or municipal law, the parking of motor vehicles is prohibited at the location of the requested handicapped parking space or the permitting of such parking would interfere with the normal flow of traffic;

b. The applicant or handicapped person is the owner of the property at which the space is to be designated and has reasonable access to a driveway on the property or reasonable access to some other area of the property which may permit the transport of the handicapped person;

c. The applicant is not the operator of the vehicle for which the handicapped parking space is required unless the State of New Jersey, Division of Motor Vehicles has issued the applicant a windshield placard or wheelchair symbol license plates for a vehicle owned by the handicapped person or owned by another occupant of the residence who is a member of the immediate family of the handicapped person; or

d. The applicant resides, either as a tenant or an owner, in a housing complex which provides off-street parking and has reasonable access to said parking and an on-site handicapped parking space has been provided by the owner of the housing complex.

Section 10-19.3 Approval; Ordinance designating on-street handicapped parking space.

a. Upon approval of an applicant's request for resident handicapped on-street parking, the Township of Old Bridge will enact an appropriate ordinance pursuant to N.J.S.A. 39:4-197.6 designating the name of the subject street, the side of that street where the resident resides, and a description of the allowed parking area in front of the subject residence. Such designation shall be within the property lines of the subject residence, but otherwise shall be subject to the discretion of the Chief of Police.

b. Upon the designation of an on-street handicapped parking space, said space will be marked by signs indicating handicapped parking space. The markings will conform with the manual on Uniform Traffic Control Devices for Street and Highways for the NJDOT and shall include the penalty notification sign as required by NJDMV.

Section 10-19.4. Notice of approval of space; annual notification of Township regarding continued need of space.

a. Upon approval of a request for a designated handicapped parking space and passage of an ordinance by the Township Council of the Township of Old Bridge designating said space, the applicant shall receive a letter notifying the applicant that the space has been so designated and that it is the applicant's responsibility to notify the Township of Old Bridge Police Department in the event that the designated handicapped parking space is no longer required.

b. Annually by January 15 of each year written notice shall be sent by the applicant to the Township of Old Bridge Police Department on forms provided by the Township indicating that a valid and continued need for the handicapped parking space exists. In the event that such notices not received within thirty (30) days of January 15, the handicapped parking space sign at that location shall be removed and a resolution or ordinance will be presented to the Township Council to repeal the designated handicapped parking space.

Section 10-19.5 Applicability.

The provisions of this chapter shall apply to all on-street designated handicapped parking spaces created with the Township of Old Bridge except that handicapped parking spaces requested for general public use by public buildings including but not limited to businesses, schools and hospitals, are not subject to the renewal provision of this subsection.

Section 3. 10-19.6 Violations and Penalties.

Any person improperly parking in a properly designated resident handicapped restricted parking space shall be subject to the penalties under N.J.S.A. 39:4-203 and 39:4-207.7.

Section 4. 10-19.7 Handicapped Parking Designations

c. Handicapped parking on streets. In accordance with provisions of N.J.S.A. 39:4-197, the following street locations are designated as handicapped parking spaces. Such spaces are for use by persons who have been issued special identification cards or plates or placards by the Division of Motor Vehicles or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.

Name of Street Location
(Reserved)

Section 5. Inconsistent Ordinances

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

Section 6. Partial Invalidity.

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

Section 7. Effective Date.

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Calogera.

Consent Agenda

President Gillespie opened a public portion

Ms. Seiler questioned the emergency appropriation in connection with snow removal. Noted that an employee incurred forty hours of overtime during a forty-eight period and that she had serious safety concerns with someone working that many hours in hazardous conditions.

President Gillespie seeing no further hands closed the public portion.

RESOLUTION NO. 120

BINGO/RAFFLE

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

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

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

RA 60-06 Miller School PTA RA 61-06 Miller School PTA
RA 62-06 Miller School PTA RA 63-06 Miller School PTA
BA 02A-06 St. Thomas BA 03A-06 St. Thomas
BA 04A-06 St. Thomas BA05A-06 St. Thomas

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

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

NAYS: None.

ABSENT: Councilman Calogera.

RESOLUTION NO. 121

ACCEPTING RESIGNATION OF KEVIN COLETTI FROM THE ZONING BOARD OF ADJUSTMENT

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

the Township Council of the Township of Old Bridge hereby accepts the resignation of Kevin Coletti from the Zoning Board of Adjustment (term ending December 31, 2009) and from the Open Space Committee (term ending December 31, 2006).

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

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

NAYS: None.

ABSENT: Councilman Calogera.

RESOLUTION NO.122

AWARDING CONTRACT NO. 2006-11 TO SPORTEXE FOR THE GEICK PARK UPPER BASEBALL FIELD FOR A SNYTHETIC SURFACE

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 No. 2006-11 for a synthetic surface restoration to the Geick Park upper baseball field; ;and

WHEREAS, the Township of Old Bridge having bid this project twice with no bids received has been negotiating a contract for the completion of this project with two qualified contracts; and

WHEREAS, proposals were received from both contractors, each of which were in compliance with the project specifications as bid; and

WHEREAS, the Township Council wishes to award the contract for the improvements of the synthetic surface to the Geick Park upper baseball field; and

WHEREAS, our Township Parks and Recreation Director has recommended that a contract be awarded to Sportexe, 1 Chisholm Trail, Suite 400, Round Rock, Texas 78681 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. Sportexe, with principal offices located at 1 Chisholm Trail, Suite 400, Round Rock, TX 78681 is hereby awarded a contract in the amount of $216,700.00 for the synthetic surface restoration to the Geick Park upper baseball field.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1424 certifying the existence of a sufficient appropriation to fund the said contract.

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

This resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Calogera.

RESOLUTION NO. 123

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

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 applied for a PARIS grant in the amount of $40,000.00; and

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

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

WHEREAS, the purpose of this grant is to aid the Township of Old Bridge in the archiving and storage management of the Township of Old Bridge records.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township of Old Bridge is hereby authorized to accept the PARIS grant awarded to the Township of Old Bridge by the State of New Jersey in the amount not to exceed $34,364.00 for Project 06121501: Municipal-wide Needs Assessment and Strategic Plan for the management, storage and preservation of public records. The Mayor and Township Clerk are hereby authorized to sign any and all required documents incidental thereto.

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

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

NAYS: None.

ABSENT: Councilman Calogera.

RESOLUTION NO. 124

REQUESTING INSERTION OF AN ITEM OF REVENUE IN CONNECTION WITH PARIS GRANT IN THE AMOUNT OF $34,364.00

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 $34,364.00 from the Public Archives and Records Infrastructure Support (PARIS) Grant Program and wishes to amend its SFY 2006 budget to include this additional amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year SFY 2006 in the sum of $34,364.00 which is now available as a revenue from:

PARIS GRANT

BE IT FURTHER RESOLVED that a like sum of $34,364.00 be and the same is hereby appropriated under the caption of:

PARIS GRANT

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

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

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

NAYS: None.

ABSENT: Councilman Calogera.

RESOLUTION NO. 125

OPPPOSING THE DISCHARGE OF STORM WATER INTO LAKE LEFFERTS BY THE DEVELOPERS OR SUCCESSOR DEVELOPERS AND THE TOWNSHIP OF ABERDEEN FOR THE ABERDEEN FORGE AND MIRROR LAKE PROJECTS LOCATED ON RT. 516 IN THE TOWNSHIP OF ABERDEEN

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

WHEREAS, the Township of Old Bridge has and continues to oppose the development known as Aberdeen Forge and Mirror Lake in the Township of Aberdeen, the State of New Jersey; and

WHEREAS, the Township of Old Bridge opposes this development because of its environmental and traffic impact and safety, and its probable disruption to the quality of life to residents in the Township of Old Bridge; and

WHEREAS, the Aberdeen Forge and Mirror Lake projects either separately or jointly require the use of Lake Lefferts as an additional discharge for storm water discharge and management; and

WHEREAS, the Township Council of the Township of Old Bridge has determined that there are no benefits to discharging storm water into Lake Lefferts and that they oppose this discharge because of the impact it can and will have on the ecology and wildlife of Lake Lefferts.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that they oppose plans by the developers for Aberdeen Forge and Mirror Lake, and the Township of Aberdeen to discharge storm water into Lake Lefferts and direct that a copy of this resolution be sent to our state representatives in Trenton, Middlesex and Monmouth County Freeholders, the Township of Aberdeen and the DEP.

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

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

NAYS: None.

ABSTAIN: President Gillespie.

ABSENT: Councilman Calogera.

Prior to the roll call vote the following discussion took place

Councilman Testino stated that the Township of Old Bridge has lent legal support in opposition of Aberdeen Forge and Mirror Lake in the past and hoped that this resolution to the DEP will further foster that opposition.

RESOLUTION NO. 126

REQUESTING THE COUNTY OF MIDDLESEX TO DRAFT AND ADOPT A HIGHWAY ACCESS CODE FOR RT. 516, TEXAS ROAD AND ENGLIGHTOWN ROAD IN THE TOWNSHIP OF OLD BRIDGE

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

WHEREAS, N.J.S.A. 27:16-1 authorizes the governing body of any county to draft and adopt an access management code for roads and highways under its control; and

WHEREAS, this access management code shall satisfy the standards embodied in the access code adopted by the Commissioners of Transportation under Section 3 of the “State Highway Access Management Act” P.L. 1989 c.32 (C. 27:7-91); and

WHEREAS, this code shall comply with the provisions of the “State Highway Access Management Act”, and provide reasonable access by abutting landowners to roads and highways; and

WHEREAS, the Township of Old Bridge would like the Middlesex County Freeholders to draft and adopt an access management code for Rt. 516, Texas Road and Englishtown Road in the Township of Old Bridge for better traffic flow, safety and sound planning reasons; and

WHEREAS, the Township of Old Bridge would consent to serving as a pilot community for the county in regard to the drafting of an access management code.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that it respectfully requests the Middlesex County Freeholders draft and adopt an access management code for roads and highways under its control within the Township of Old Bridge pursuant to the authority granted to them by N.J.S.A. 27:16-1(i).

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

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

NAYS: None.

ABSENT: Councilman Calogera.

ABSENT PODIUM: Councilman Testino.

Prior to the roll call vote the following discussion took place

President Gillespie explained that Old Bridge was willing to participate in this pilot program in attempt to bring progressive planning principles to Old Bridge and to ensure that we plan and manage the capacity of the roads.

Councilman Greene stated that although he supports this resolution, he is confused. He requested a resolution clearly stating the desire for the county to perform a study determining the current/future traffic needs.

President Gillespie explained that in order to implement codes, studies would have to be conducted considering the available roadway capacity and projected development.

Councilman Greene requested the county's reaction to this plan and an outline of their proposed action.

RESOLUTION NO. 127

REQUESTING AN EMERGENCY APPROPRIATION IN CONNECTION WITH SNOW REMOVAL

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

WHEREAS, an emergency has arisen with respect to snow removal, and no adequate provision was made in the SFY 2006 budget for the aforesaid purpose, and N.J.S.A. 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned; and

WHEREAS, the total amount of emergency appropriation created include the appropriation to be created by this resolution is $265,000.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that in accordance with N.J.S.A. 40A:4-48, an emergency appropriation be and the same is hereby made for Snow Removal Salaries and Wages in the aggregate amount of $10,000.00 for Snow Removal Other Expenses in the aggregate amount of $20,000 and that said emergency appropriation shall be provided in full in the SFY 2007 budget.

BE IT FURTHER RESOLVED that three certified copies of this resolution be filed with the Director of Local Government Services.

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

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

NAYS: None.

ABSENT: Councilman Calogera.

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

President Gillespie stated that he had information available to the public with respect to the details of the overtime incurred as a result of a snowstorm.

RESOLUTION NO. 128

REQUESTING PER MISSION FOR A DEDICATION BY RIDER FOR COAH FEES

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 COAH Fees received by a municipality when the revenue is not subject to reasonably accurate estimates in advance; and

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 of rider.

NOW, THEREFORE, BE IT RESOLVED that such fees 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 Butler, seconded by President Gillespie and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Calogera.

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

Councilwoman Panos inquired whether a “program administrator” had been chosen.

Mr. Shah explained that this resolution allowed the Township of Old Bridge to account for the COAH fees collections and expenditures. He stated that there would be a program administrator.

Mayor Phillips explained that the administration of this program was still in the developmental stages. Although there are people currently working on this, this will probably be administered by an outside agency. This program is going to be very substantial.

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

Council comments

Councilwoman Panos expressed her frustration at not receiving adequate responses from administrations to questions asked during council meetings.

Councilman Testino announced that Mr. Convery has ruled that emergency response personnel would have fees waived to certificates of occupancy.

Attorney Convery stated that along with the Clerk, the thought was that the intent of the council through the ordinance was to grant that waiver and that he would state his legal opinion in writing.

Motion

to adjourn at 8:50 p.m. made by Councilman Butler, seconded by President Gillespie and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Calogera.

_________________________________
Patrick Gillespie, Council President

___________________________________
Rose-Marie Saracino, Township Clerk

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Distributed:

Township of Old Bridge
1 Old Bridge Plaza
Old Bridge, NJ 08857
Main Phone: 732-721-5600