Old Bridge Township, New Jersey - April 10, 2006 Minutes

A Regular Meeting of the Township Council of the Township of Old Bridge was held on Monday, April 10, 2006 in the Municipal Complex. The meeting was called to order at 7:35 p.m., by President Gillespie who asked Monte Seewald to lead the audience in a pledge of allegiance to the flag, which was followed by a short prayer. President Gillespie asked for a moment of silence for our troops in harms way. President Gillespie mentioned that John Morse a former long time township employee passed away. Councilman Butler spoke a few words in memory of Mr. Morse, former Township Manager

Deputy Clerk Stella Ward announced that the meeting was being held in conformance with the open public meetings act and that notice had been given to the newspapers and placed in public places. Deputy Clerk Ward called the roll with the following answering present: Councilmen Baker, Butler, Calogera, Greene, Maher, Volkert, Councilwoman Panos, President Gillespie. Councilman Testino arrived at 7:45 p.m..

APPROVAL OF MINUTES

RESOLUTION #130-06

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

WHEREAS, the following minutes are hereby approved:

March 6, 2006 – Executive Session

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

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

NAYS: None.

ABSENT: Councilman Testino

BILL LIST

RESOLUTION #131 -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 April 10, 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 April 10, 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 $13,049,877.89 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilman Testino

BILL LIST

RESOLUTION #132 -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

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

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

NAYS: None.

ABSENT: Councilman Testino

BILL LIST

RESOLUTION #133 -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

Moved by Councilman Butler, 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 : Councilman Calogera

ABSENT: Councilman Testino

CLERKS REPORT

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

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

DOGS
1834 - 2148 2,380.00
2052 replacement 50
1972 no charge – tag lost in mail n/c

LICENSES

Limousine
#'s
526-532 Escort Limo (7 cars) 350.00
533 Gutierrez 50.00
535-539 Longo Limousine (5 cars) 250.00
559 Innovative Limo 50.00
560 Kravtsov 50.00
562 Zagalsky 50.00
563 A&K Transport 50.00
564-572 DVG Limo (8 cars) #568 VOIDED 400.00
573 Lambert 50.00
574 Datt 50.00
Beyerderman (Letter Only) 50.00

Hot Dog
595 Arthur Utter 50.00

Sale of Flowers
551 Junice 100.00

Used Cars
552 Riporti 500.00
557 Sterimark Motors 750.00
558 Route 34 Auto 750.00
Jean's Used Cars 150.00 (add'l fee)

Taxi
602 Ed's In Town Taxi (Owner) 100.00
555-558 Cars (4) 100.00
Driver (1) 25.00

3,925.00

LIQUOR LICENSE
Transfer 1209-44-049-001 John Bone Person to Person 238.38

BINGO/RAFFLE
RA 62-06 Miller School 10.00
RA 63-06 Miller School n/c
RA 64-06 St. Thomas Home School 10.00
RA 65-06 St. Thomas Home School 10.00
RA 66-06 Cheesequake Baseball 30.00

60.00

PARKING PERMITS
#2062-2129 (53 Permits) 1,325.00
#2064, 2072, 2073, 2074, 2081, 2083, 2090, 2092, 2097, 2103, 2106, 2109, 2117, 2120, 2122
replacements 75.00
Temporary Permits
# 642-650 (9 permits) 45.00
1,445.00

SEARCH
2-2006 10.00 10.00

MISCELLANEOUS
Photocopies 79.73
Late Fee – Dog 590.00
669.73

TOTAL $8,728.61

MOTION

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

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

NAYS: None.

ABSENT: Councilman Testino

PRELIMINARY PUBLIC COMMENTS

Monte Seewald spoke on the upcoming School Board Election and urged all the residents to get out and vote. Mr. Seewald mentioned an article in the Home News which cited New Jersey as having the highest property taxes in the nation. He also encouraged the Council to work towards combining the School Board Election with the General Election in November. Federal money is drying up and we are not getting our fair share or there would be no need for increasing the budget.

Linda Seiler again requested that all meetings of the various boards be televised. There are many people who would volunteer their time to help with the work of televising these meetings. Ms. Seiler wanted to know the reasons why this request was not being considered. Also, Ms. Seiler wanted the community station to air programs that would be informative and beneficial to all and not to a select audience. Ms. Seiler also wanted a date for the next Ethics Board meeting.

Mr. Rao spoke about the upcoming School Board election and encouraged all residents to go out and vote on April 18th and defeat the school budget.

HEARINGS

H-1 Release/Reduction Performance Guarantee Bonim Associates/Orchard Hill (Application #25-99P, Block 10000, Lot 10, Block 10249.28 Lot 20)

President Gillespie asked anyone from the public who wished to be heard on this matter come forward.

Mrs. Luce DeGregory, 83 Greenwood Road, stated she was against the developer receiving this reduction.

Attorney Convery stated that the applicant had requested a postponement and it would be up to the Council to set a new date. Mr. Convery suggested that Mrs. DeGregory hold her comments till the rescheduled hearing.

Mrs. DeGregory stated that she had sent a certified letter to the developer requesting that she be informed of any changes to the date and no one responded to her about this change and now you tell me that this hearing is postponed for this evening. She explained her garage floor is cracked and the soil has eroded six inches and by giving this bond back you are disregarding her hard work.

President Gillespie explained that nothing was being done this evening. This will be postponed this evening. President Gillespie inquired if Mr. Cleary the engineer was aware of the problems? He suggested that Mrs. DeGregory meet with our administrator and go over her list of complaints and forward them to CME so they become part of the official review. We will postpone without a date certain and will require the developer to re-notice.

Mayor Phillips requested that Mrs. DeGregory meet with himself and Mr. Jacobs so they could understand her problem, they would bring in the appropriate department heads who could help her.

MOTION

Motion to postpone this bond reduction to a date uncertain with renotification by certified mail required by the builder made by Councilman Calogera, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSTAIN: Councilman Maher

ABSENT: Councilman Testino

H-2 Release/Reduction Performance Guarantee Sanjiv Kanwar d/b/a KFC Restaurant (Application #86-03 block 9000, Lot 36)

President Gillespie inquired if there was anyone present for this hearing? He stated that there was also a request for postponement on this hearing. They are requesting a two week postponement.

MOTION

Motion by Councilman Calogera to deny this postponement for two weeks, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSTAIN: Councilman Maher.

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

Councilman Greene stated that he would like re-notification by certified mail, especially since this applicant has not shown up tonight.

Councilman Testino stated that it should be denied. If they do not show when they are scheduled, let them re-file.

H-3 Release/Reduction Performance Guarantee Penrose Properties (Application #1261- 032) POSTPONED

President Gillespie inquired if there was anyone who wanted to be heard on this matter?

There was also a request for postponement on this hearing. There was a fair amount of items listed by CME regarding this applicant and he was not sure that two weeks would be sufficient to complete the list.

MOTION

Motion to postpone to a date uncertain with re-notification of the tenants by Certified Mail made by President Gillespie, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: Councilman Testino

H-4 Release/Reduction Performance Guarantee Old Bridge Funeral Home (Application #126-00P) - Attorney Requesting Postponement Without Renotice.

President Gillespie stated that in reviewing the material from CME and Mr. Cleary it does not appear likely or possible that this developer could come in within a two week period for a hearing.

MOTION

Motion by President Gillespie to postpone without a date certain and subject the developer to re-notice by Certified Mail, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: Councilman Testino

ABSTAIN: Councilman Maher.

ORDINANCES FOR SECOND READING

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.

Moved by Councilman Butler, 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.

President Gillespie opened this matter to the public. Seeing no hands he closed the public portion.

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

Councilwoman Panos stated that this traffic signal was in fact already installed. She questioned the responsibility if there were a problem and this ordinance was not in effect.

Attorney Convery responded that any traffic ordinance, if it is a county road, has to be approved by the county as well as the state. This is part of a process and requires time to get everyone on board in order to enforce it. If it is designed properly under Title 59, there would not be any liability for the town.

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

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.

Section 6. Effective Date.

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.

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

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

NAYS: None.

President Gillespie opened this matter to the public, seeing no hands he closed the public portion.

ORDINANCE NO. 09-2006

AN ORDINANCE AMENDING SECTION 351-11 OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE CONCERNING PAID HEALTH BENEFITS FOR 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 Baker, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: Councilmen Calogera, Volkert

ABSTAIN: Councilman Greene, Councilwoman Panos

President Gillespie opened this matter to the public:

Linda Seiler stated that she would like to hear the labor attorney's comments on this matter before she posed her questions. However, she felt that in a time when most employers are pulling back on benefits and asking employees to pay more, why is this township expanding its coverage for retirees and their dependents. She stated that the reason was to make things equal because some bargaining units received this benefit, perhaps those contracts should be revisited and amended. You are burdening the taxpayers of this town with more and more bills.

President Gillespie closed the public portion.

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

President Gillespie stated that Matt Giacobbe, our labor attorney, will be answering questions regarding this ordinance. We have been through this before and we are not doing this because we want to expand benefits. There is an appellate court case decision that tells us that we have to do this now. We have been providing these benefits in one way or another to various sectors of our township employees and the courts have come down and told us that we can no longer pick and choose and we need to provide uniformity in coverage for all our employees.

Councilman Baker stated he planned to vote yes on this ordinance, but if he voted no would he be putting the township at a risk?

Attorney Giacobbe responded that Statute #48:10-23 states that once you have chosen to provide retirement health benefits, if you are not a State Health Benefits Provider, which the township is not, you have to do it under uniform conditions. There is specific criteria set forth in #4810-23 that states that disability retirement is one; the other is 25 years of service - age 55; and the other is 15 years of service, age 62. You as a Council, can pick and choose among those criteria, you can choose one, two or all of them or none of them. However, over the years you have provided retirement health benefits. You have an ordinance which dates back to the mid 80's which codifies retirement health benefits, for example; it states you can only get a disability retirement benefit with 25 years of service, this is against the law. Legislature passed that states if you go out on a disability pension, you get retirement health benefits. If one of your police officers get shot in the line of duty and goes out on a disability retirement, under your ordinance, he does not get disability benefits, based on #48:10-23 he is entitled to health benefits. If you do change this you face possible litigation. Your ordinance the way it is presently drafted does not comport with state law. Even though your ordinance does not have disability retirement provisions, your PBA contract does. If the Council wants to take a chance on being sued there is that possibility. Mr. Giacobbe explained you are not expanding health benefits with this ordinance, you are simply making all things equal and uniform and you are complying with Statute #4810-23.

Councilman Butler requested some background on the appellate court decision.

Attorney Giacobbe responded that there have been a number of cases that have come out since the Fair Lawn decision. They were treating people differently such as the DPW and the police department. The court stated you cannot do that, the legislature made it clear things must be uniform. To make it fair for everyone, if the police can get this type of benefit, we want to make sure that all your employees can get this benefit. Many towns are faced with the cost of growing health care benefits and it will probably take an act by the legislature who gave you Statute #48:10-23 to change it and give some relief. You are not making a decision to provide benefits, what you trying to do is make it uniform and comply with the law.

Councilman Calogera expressed some concerns. He feels that contract negotiations are not all equal, that is what gives you bargaining power

Attorney Giacobbe responded that contracts can vary, rates can vary, the problem is that in the area of retirement health benefits the legislature has spoken. If you are not in the State Health Benefits Plan, and you provide retirement health benefits, you have to use one of the criteria or all of them and you have to do it in uniform fashion.

Councilman Calogera expressed cost concern over the time frame of giving employees retirement benefits at age 62 with 15 years of service. Would it be possible to subtract that clause from the police department contract to make the contract with them and the other side equal? He stated that he did not believe the police department had any need for that particular clause.

Attorney Giacobbe stated that the only way they could use it was if a policeman was 45 years of age when hired (hiring a sworn police officer from another town, since the age limit here for new police officers is 35 years of age). The likelihood of someone from the police department filing a law suit on this precedent is nil, but the disability with age 65 and 25 years of service is quite possible. At a minimum, his recommendation is to correct the disability requirement. If you decide not to add the 62 age limit with 15 years of service, you do have it in the police contract and someone might want to avail themselves of it.

Councilman Calogera stated we could try to eliminate that clause in the police contract and take a chance of going to court and that would make things fair and equal, correct?

Attorney Giacobbe stated you would not be able to eliminate the clause in the police contract without bargaining that.

Councilman Baker inquired if this matter had been discussed previously.

Attorney Giacobbe responded that he was here before and went through this information with the council.

Councilman Volkert stated that when he reads the Fair Lawn law suit information, it appears that they wanted to introduce a new ordinance requiring employees to pay for the benefits and they included the retirees. The retirees filed the law suit and eventually after appeals the judge ruled that retirees could keep their benefits without paying more, and Fair Lawn could keep their new ordinance, so where is the uniformity?

Attorney Giacobbe responded there are a number of decisions on this issue, Fair Lawn was the first. The facts are not as important as what was said about Statute #4810-23, which states that you have to treat uniformly. The judge has no right to say this does not apply to other people. The judge makes law in a published decision, it has precedential value. Statute #4810-23 mandates uniform treatment of retirees.

Councilman Volkert stated he had no problem with disability retirement, but if a person retires and goes to work elsewhere, would we still be required to pay those benefits?

Attorney Giacobbe responded when a person goes out on disability retirement, there are laws that mandate what they can and cannot do. They cannot go back to work for another municipality or government. They can do minimal work with certain monetary caps.

Councilman Volkert stated that if this ordinance passes does it make the benefits better than what the State calls for or better for certain other employees?

Attorney Giacobbe responded that you have retiree health benefits and the law states uniformity in terms of payment of the benefits. Your contract vary, this ordinance only deals with retiree health benefits. Mr. Giacobbe stated he did not know why there were different benefits under different carriers or how it got that way. Most municipalities and counties have one carrier. No one is challenging that, what the law states under Statute #4810-23 just deals with uniformity of retirement health benefits not uniformity in payment of the premium.

Councilman Greene stated that from what was just said, the reality is different bargaining units were in different positions to bargain and may have traded off on pay increases to get other things such as better health benefits. Are we just talking about the ability to give health benefits or are we going to get to a point where we are not only giving the benefits, but making sure everyone gets the same?

Attorney Giacobbe responded if you want everyone to get the same, under the Retiree Benefits #1023, what you are really talking about is the premium and who is paying for it. If you don't have any benefits, then the employee pays for it. If you are giving people retirement benefits, you either pay for them or you do not give them and you do it in a uniform fashion. With regard to payment of the premium, you do not have contributions from employees for health benefits. You have different coverages provided, but you are treating everyone uniformly in the area of your premium payment. You will not be adjusting benefit levels, you are just paying the premium for that benefit coverage.

President Gillespie thanked Mr. Giacobbe for his information. Litigation in this town has placed a heavy burden on the taxpayers and when there is the possibility we could get subjected to paying the full medical bills of someone who might file suit against us, he thinks that it is a responsible action on the Council's part to go forward with this ordinance.

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.

Section 7. Effective Date.

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.

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

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

NAYS: None.

President Gillespie opened this matter to the public. Seeing no hands he closed the public portion.

ORDINANCES FOR FIRST READING

ORDINANCE NO. 11-2006

ORDINANCE REPEALING ORDINANCE #52-01 REQUIRING POSTING OF NOTICE OF DEVELOPMENT APPLICATION ON PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION

WHEREAS, Township Ordinance #52-01 amended the Land Development Code of the Township of Old Bridge to provide that upon the filing of an application of development an applicant must post a notice of development application on the property for which development has been proposed; and

WHEREAS, the Appellate Division, in the matter of New York SMSA Limited Partnership vs. Township Council of the Township of Edison,382 NJ Super 541 (App Div. 2006) recently determined that an ordinance that required the posting of a free standing sign on the Applicant's property violated the Municipal Land Use Law;

NOW, THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Ordinance No. 52-01 is hereby declared ulta vires and is repealed pursuant to the recent Appellate division decision.

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, President Gillespie.

NAYS: Councilman Calogera, Councilwoman Panos.

ORDINANCE NO. 12-2006

ORDINANCE AMENDING CHAPTER 5, ADMINISTRATION AND GOVERNMENT BY AMENDING SECTION 5-92 (B), ENTITLED RECREATION COMMITTEE OF THE CODE OF THE TOWNSHIP OLD BRIDGE

BE IT ORDAINED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that Chapter 5, Administration and Government Section 5-92(B) is hereby amended as follows:

SECTION 1 PURPOSE

This Ordinance is enacted in order to amend Chapter 5, Administration and Government, Section 5-92 (B) Recreation Committee to appoint two associate members from Old Bridge High School.

SECTION 2 Section 5-92(B) Recreation Committee is hereby amended to read as follows:

B. There shall be two associate members of the Recreation Committee who shall be students at the Township High School. The Mayor shall appoint two associate members from Old Bridge High School. Associate members shall serve one year terms without compensation and shall be non-voting members of said Committee.

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 Municipal Council by delivering it to the Municipal Clerk pursuant to N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

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

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

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

NAYS: None.

ORDINANCE NO. 13-2006

ORDINANCE AMENDING CHAPTER 5, ADMINISTRATION AND GOVERNMENT BY AMENDING SECTION 5-198, ENTITLED CULTURAL ARTS COMMITTEE OF THE CODE OF THE TOWNSHIP OLD BRIDGE

BE IT ORDAINED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that Chapter 5, Administration and Government Section 5-198 is hereby amended as follows:

SECTION 1 PURPOSE

This Ordinance is enacted in order to amend Chapter 5, Administration and Government, Section 5-198 Cultural Arts Committee to increase membership on the Committee.

SECTION 2 Section 5-198 Composition; Appointment; Terms is hereby amended to read as follows:

The Cultural Arts Committee shall consist of nine members to be appointed by the Mayor for staggered terms of three years each.

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

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 Municipal Council by delivering it to the Municipal Clerk pursuant to N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

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

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

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

NAYS: None.

ORDINANCE NO. 14-2006

ORDINANCE OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OLD BRIDGE ADOPTING A REDEVELOPMENT PLAN FOR THE OLD BRIDGE TOWNSHIP GOLF COURSE.

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

WHEREAS, the Township Council of the Township of Old Bridge ("Township Council"), pursuant to N.J.S.A.40A:12A-4, determined, by Resolution #502-05, dated November 21, 2005, to cause a preliminary investigation to be made and requested for the Planning Board of the Township of Old Bridge ("Planning Board") to hold a public hearing as to whether the property known as Rose & Lambertson Farm & adjacent Township property is an area in need of redevelopment in accordance with N.J.S.A. 40A:12A; and

WHEREAS, the Planning Board, after considering the report of the Township Planner, and finding evidence of the criteria set forth in N.J.S.A. 40A:12A-5 based on the procedures set forth in N.J.S.A. 40A:12A-6 recommended that the subject property qualifies as a Redevelopment area in accordance with N.J.S.A. 40A:12A-6; and

WHEREAS, the Township Council of the Township of Old Bridge by Resolution #49-06, dated January 9, 2006 determined that the Rose Farm, Lambertson Farm, and adjacent 9.96 acre municipal parcel are areas in need of redevelopment in accordance with N.J.S.A. 40A:12-5; and

WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-7, provides for the redevelopment of areas in need of redevelopment to be undertaken in accordance with a redevelopment plan, and

WHEREAS, the Township Council, pursuant to N.J.S.A. 40A:12A-4(a)(3), is empowered to adopt a redevelopment plan to regulate development within an area determined to be in need of redevelopment; and

WHEREAS, Old Bridge Township caused a redevelopment plan entitled "The Lambertson Tract, Rose Tract and A Certain Adjoining Lot Redevelopment Plan for 218 Acres", ( the Redevelopment Plan"), to be prepared for the area for consideration by the Township Council; and

WHEREAS, the Township Council, by Resolution #91-06 dated February 27, 2006, preliminarily reviewed the Redevelopment Plan, and referred it to the Planning Board for its review and recommendation; and

WHEREAS, on April 4, 2006, Old Bridge Planning Board reviewed the "Redevelopment Plan" dated March 27, 2006, and recommends that it be adopted by the Township Council.

NOW, THEREFORE BE IT ORDAINED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the Redevelopment Plan dated March 27, 2006, entitled "The Lambertson Tract, Rose Tract and a Certain Adjoining Lot Redevelopment Plan for 218 Acres" on file with the Township Clerk is hereby adopted as the Redevelopment Plan for the Old Bridge Golf Course Property in the Township of Old Bridge.

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.

PARTIAL INVALIDITY

EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

ABSTAIN: Councilman Greene.

CONSENT AGENDA

President Gillespie opened the Consent Agenda to the public:

Linda Seiler questioned C-18 and C-19 having to do with renovations to the complex and why these changes could not have been projected in the original contract.

President Gillespie stated he would separate these items for discussion.

AUTHORIZING RENEWAL OF 2006 AMUSEMENT LICENSE FOR THE GOLF CENTER, INC. D/B/A FUNMANIA

RESOLUTION NO. 134-06

the amusement games license for Legends of Golf, d/b/a Funmania located at 2441 Route 18 & Spring Valley Road, in Old Bridge Township is hereby renewed for 2006, subject to the following:

1. In granting these approvals, pursuant to the Zoning Board of Adjustment, the tract will be a commercially operated permanent business opened to the public more than thirty (30)
consecutive days annually whose acreage is designed and themed for the primary purpose of providing participatory amusements and incorporates food, merchandise and amusement rides (of the type required to be licensed under N.J.S.A.5:3-31 et seq.) in permanent structures; and

2. By Ordinance No. 9-97, the Township Council of the Township of Old Bridge, by adding new Sections 5-4.10 through 5-4.10 through 5-4.17 inclusive of Chapter V of the Code of the Township of Old Bridge, to be entitled Redemption Amusement Games, made certain findings, including but not limited to the finding that the tract, when developed in accordance with approvals previously granted, will be recognized as an amusement park as that term is used in the Amusement Gaming Licensing Law (N.J.S.A. 5:8-100 et seq.); and

BE IT FURTHER RESOLVED, that the Township Council of the Township of Old Bridge finds that the Applicant is duly qualified to hold, operate and conduct Redemption Amusement Games that the Principals of the Applicants are persons of good moral character and have never been convicted of a crime; that the Applicants Redemption Amusement Games are to be held, operated and conducted in accordance with the ordinance, the Amusement Games Licensing Law and the rules and regulations governing the holding, operation and conduct thereof; and the Township Council is satisfied that the prizes to be offered and given in any single game shall be of merchandise only of a retail value not in excess of $15.00 and that no such prizes will be redeemed or redeemable directly or indirectly for money.

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Calogera, Testino

RESOLUTION AUTHORIZING TAX EXEMPTION FOR LOCAL PROPERTY TAXES FOR VETERAN WHO HAS BEEN DECLARED BY THE US VETERAN'S ADMINISTRATION TO BE 100% DISABLED.

RESOLUTION NO.135-06

WHEREAS, N.J.S.A.54:4-3.30 ET, SEQ. authorized an exemption from local property taxation on the property of any veteran who has been declared by the U.S. Veterans Administration to be 100% disabled as of the date of same; and

WHEREAS, the following veteran has filed for the above mentioned exemption with the Tax Assessor, and

WHEREAS, copies of said declarations are filed with the Tax Assessor.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the tax Collector is hereby authorized to cancel the portion of the 2005 & 2006 taxes billed on the property.

FURTHER, BE IT RESOLVED that these tax payments be refunded as of the date of the 100% Disability Exemption.

Block Lot Date of 100% Disability Billing to be Cancelled Refund Amount

25-611 03/02/06 $4,635.43 $3,786.14
Allan Homan
611 Greenwood Ave.

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Calogera, Testino

RESOLUTION AUTHORIZING TAX EXEMPTION FOR LOCAL PROPERTY TAXES FOR VETERAN WHO HAS BEEN DECLARED BY THE US VETERAN'S ADMINISTRATION TO BE 100% DISABLED.

RESOLUTION NO. 136-06

WHEREAS, the following veteran has filed for the above mentioned exemption with the Tax Assessor, and

WHEREAS, copies of said declarations are filed with the Tax Assessor.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the tax Collector is hereby authorized to cancel the portion of the 2005 & 2006 taxes billed on the property.

FURTHER, BE IT RESOLVED that these tax payments be refunded as of the date of the 100% Disability Exemption.

Block Lot Date of 100% Disability Billing to be Cancelled Refund Amount

3236.29-7 07/29/05 $7,219.55 $5293.95
Richard Mandriota
23 Disbrow Road

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Calogera, Testino

CANCELLATION OF APPROPRIATION & RECEIVABLE BALANCES FOR THE PROTECTIVE EQUIPMENT GRANT

RESOLUTION NO. 137-06

WHEREAS, the Protective Equipment Grant has a remaining outstanding balance; and

WHEREAS, it is necessary to formally cancel the outstanding grant balance listed below:

PROTECTIVE EQUIPMENT GRANT

Receivable $777.95
Appropriation $777.95

NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township of Old Bridge, that the above listed grant totaling $777.95 as receivable and $777.95 appropriation as cancelled.

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Calogera, Testino

CANCELLATION OF SPECIAL LEGISLATIVE - POLICE EQUIPMENT GRANT

RESOLUTION NO. 138-06

WHEREAS, the Special Legislative - Police Equipment Grant has a remaining outstanding balance; and

WHEREAS, it is necessary to formally cancel the outstanding grant balance listed below:

PROTECTIVE EQUIPMENT GRANT

Appropriation $1,200.00

NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township of Old Bridge, that the above listed grant totaling $1200.00 appropriation as cancelled.

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Calogera, Testino

AWARDING CONTRACT #2006-09 TO CONDUCT A NEEDS ASSESSMENT AND DEVELOP A STRATEGIC PLAN FOR THE TOWNSHIP OF OLD BRIDGE ARCHIVES AND RECORDS MANAGEMENT SYSTEM AS OUTLINED IN THE PHASE I PARIS GRANT PROPOSAL.

RESOLUTION #139-06

WHEREAS, the Township of Old Bridge was awarded a Paris Grant in the amount of $34,360.00 in regard to the archives and records management system of the Township of Old Bridge; and

WHEREAS, the Township of Old Bridge solicited bids in connection with Contract #2006-08 for the procurement of a consulting firm to conduct a needs assessment and develop a strategic plan for the archives and records management system; and

WHEREAS, there was only one bid received; and

WHEREAS, the bid was opened on January 25, 2006; and

WHEREAS, the Township Council wishes to award the contract for the needs assessment and develop a strategic plan for the archives and records management system to Schoor DePalma as they were the sole bidder.

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. Schoor DePalma, Inc. with principal office located at 200 State Highway 9,P.O. Box 900, Manalapan, N.J. 07726 is hereby awarded a contract in the amount of $34,364.00 to conduct a needs assessment and development a strategic plan for Old Bridge.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of funds #1434 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 Certification of Availability of Funds.

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

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

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

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Calogera, Testino

RESOLUTION AUTHORIZING THE TOWNSHIP ATTORNEY TO ENTER INTO NEGOTIATIONS FOR THE SALE OF TOWNSHIP PROPERTY

RESOLUTION #140-06

WHEREAS, the Township of Old Bridge wishes to enter into negotiations for the sale of Block 3230, Lots 46, 47, 48, 49, 52, 55, 57 and 58

WHEREAS, Jerome J. Convery, Esq., Township Attorney, is capable and knowledgeable to undertake these negotiations.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Jerome J. Convery, Esq., Township Attorney is hereby authorized to enter into negotiations for the sale of Block 3230, Lots 46, 47, 48, 49, 52, 55, 57 and 58 to the New Jersey Department of Environment Protection for an amount not less than $107,960.00.

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Calogera, Testino

RESOLUTION AWARDING CONTRACT #2006-25 FOR MANNINO PARK, PHASE I ENVIRNOMENTAL

RESOLUTION #141-06

WHEREAS, the Township of Old Bridge requires the services of an engineering firm, for the Mannino Park Phase I Environmental to Remington, Vernick & Vena Engineers; and

WHEREAS, Remington, Vernick & Vena Engineers is a licensed New Jersey engineering firm which is recognized as capable and available to undertake such work; and

WHEREAS, Remington, Vernick & Vena Engineers, has received the recommendation of the Fair and Open Process in accordance with Municipal Regulation 002-2006.

WHEREAS, the Township Council wishes to authorize Contract #2006-15 with Remington, Vernick & Vena Engineers for purposes of performing the Mannino Park Phase I Environmental.

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 Remington, Vernick & Vena Engineers located at 3 Jocama Boulevard, Suite 2, Old Bridge, New Jersey 08857 in the amount not to exceed $4,500.00.

2. The award of the contract is contingent upon the Issuance of a Certification Availability of Funds #1432 certifying the existence of sufficient appropriations to fund said contract.

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 Certification of Availability of Funds.

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

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

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

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Calogera, Testino

RESOLUTION AUTHORIZING CONTRACT #2006-30 WITH JEFFREY LEHRER, ESQ. TO PROVIDE LEGAL REPRESENTATION OF THE PLANNING BOARD

RESOLUTION NO. 142-06

WHEREAS, the Township of Old Bridge requires the services of an attorney to provide legal representation to the Old Bridge Township Planning Board; and

WHEREAS, proposals for Contract #2006-30 for professional legal services were opened in public on April 6, 2006; and

WHEREAS, Jeffrey Lehrer, Esq. a licensed New Jersey Attorney, is recognized as capable and available to undertake such work; and

WHEREAS, the Local Public Contracts Law (NJSA40A:11.1 et seq.) requires that a Resolution authorizing the award of contracts for "Professional Services" without competitive bids must be publicly advertised; and

WHEREAS, Jeffrey Lehrer, Esq. 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.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge as follows:

1. The contract for professional services is authorized to be entered into with Jeffrey Lehrer, Esq. in the usual form.

2. The scope of the work to be performed by Attorney Jeffrey Lehrer, Esq. shall be:

Representation of the Planning Board for legal services in connection with General representation of the Planning Board and legal services in connection with review of Board applications.

3. This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds #1430 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY2006

CERT NO. 1430

AMOUNT $22,500.00

The availability of a sufficient appropriation to fund the purchases authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget year, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.

4. This is a contract for professional services and according to New Jersey Public Contract Law. The Township Clerk shall publish a statement of reasons for awarding of the contract to wit: legal representation of the Planning Board.

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 Certification of Availability of Funds.

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

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

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

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Calogera, Testino

RESOLUTION AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH LAWRENCE SACHS, ESQ. FOR REPRESENTATION OF THE TOWNSHIP ZONING BOARD OF ADJUSTMENT

RESOLUTION NO. 143-06

WHEREAS, the Township of Old Bridge requires the services of an attorney to provide legal services to the Township of Old Bridge Zoning Board of Adjustment; and

WHEREAS, proposals for Contract #2006-32 for professional legal services was opened in public on April 4, 2006; and

WHEREAS, Lawrence Sachs, Esq. a licensed New Jersey Attorney, is recognized as capable and available to undertake such work; and

WHEREAS, the Local Public Contracts Law (NJSA40A:11-1, et seq.), requires that a Resolution authorizing the award of contracts for "Professional Services" without competitive bids must be publicly advertised; and

WHEREAS, Lawrence Sachs, Esq. 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.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge as follows:

1. The contract for professional services is authorized to be entered with Lawrence Sachs, Esq. in the usual form.

2. The scope of the work to be performed by Lawrence Sachs, Esq. shall be representation of the Zoning Board of Adjustment.

3. This contract is awarded for a term not exceeding the current budget year. A Certification of Availability of Funds #1431 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

BUDGET YEAR 2006
CERT. NO. 1431
AMOUNT $22,500.00

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 Certification of Availability of Funds.

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

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

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

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

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

NAYS : None.

ABSENT PODIUM: Councilmen Calogera, Testino

RESOLUTION AUTHORIZING PROFESSIONAL SERVICES CONTRACT #2006-33 WITH HOUSING AND COMMUNITY DEVELOPMENT SERVICES, INC. FOR COAH REHABILITATION.

RESOLUTION NO. 144-06

WHEREAS, the Township of Old Bridge requires the services of a professional consultant for the COAH Rehabilitation Program; and

WHEREAS, proposals for Contract #2006-33 Professional Consulting Services were opened in public on April 6, 2006; and

WHEREAS, Housing and Community Services, Inc. is a licensed New Jersey consulting firm which is recognized as capable and available to undertake such work; and

WHEREAS, Housing and Community Development Services, Inc. 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 Housing and Community Development Services, Inc. for purposes of providing the aforesaid professional consulting 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 Housing and Community Development Services, Inc. located at 4 Sloan Street, South Orange, New Jersey 07079 in the amount of $35,000.00

2. The award of the contract is contingent upon the issuance of a Certificate of Availability of Funds #1433 certifying the existence of sufficient appropriation to fund the said contract.

This Resolution is conditioned upon the following:

A. Formal execution of a contract approved by the Director of Law which is signed by the