Old Bridge Township, New Jersey - January 24, 2005 Minutes

OLD BRIDGE TOWNSHIP COUNCIL

COMBINED MEETING

January 24, 2005

A combined meeting of the Township Council of the Township of Old Bridge was held on January 24, 2005 in the Municipal Complex. The meeting was called to order by President Baker who asked all present to participate in a salute to the flag which was followed by a short prayer.

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

Roll call at 7:30 p.m. by Deputy Clerk Ward, showed the following members present: Councilmen Butler, Calogera, Gillespie, Greene, Volkert, Councilwoman Panos, President Baker. Councilmen Gillespie and Maher were late.

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

Councilman Calogera: I would like to thank Rocky and the crew at Public Works for the great job they did clearing the roads of the tremendous amount of snow that we had this weekend.

APPROVAL OF MINUTES

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

RESOLUTION #44-05

WHEREAS, the following minutes are hereby approved

December 6, 2004 – Agenda

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

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

NAYS: None.

ABSTAIN: Councilman Calogera.

ABSENT: Councilmen Gillespie, Maher.

Bill List

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

RESOLUTION #45-05

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

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of January 24, 2005 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of January 24, 2005 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 $1,462,398.10 (General Fund)

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

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

NAYS: None.

ABSENT: Councilmen Gillespie, Maher.

Bill List

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

RESOLUTION #46-04

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

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

NAYS: None.

ABSENT: Councilmen Gillespie, Maher.

Bill List

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

RESOLUTION #47-05

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

AYES: Councilmen Butler, Greene, Testino, Volkert, President Baker.

NAYS: Councilman Calogera, Councilwoman Panos.

ABSENT: Councilmen Gillespie, Maher.

Preliminary Public Comments

Mr. Monte Seewald: I would like something to be done about the amount of money that New Jersey gets back from the Federal Government. New Jersey is last on the list with only getting back 57 cents on the dollar. I would also like to see Southern New Jersey get more money for Homeland Security.

Ms. Anita Greenberg: I am dismayed with the credit that the Mayor is taking for projects done in town which is listed in the Visions newsletter. I would like a list of the dates that these items were done. I am disappointed that the Mayor has put the Open Space Trust Fund money into the General Fund so as to tout a zero property tax increase. I am also surprised that the Mayor failed to mention the Crossroads plan and the Redevelopment Agency.

Ms. Anita Clavering: I would like to know the status of the Chuck Costello Housing.

Councilman Butler: The Housing Authority is anticipating the ground breaking date to be set sometime in February. I visited Maher Manor last week and they are hoping to open by March 30, 2005.

Councilman Calogera: I would like to commend the Housing Authority, its Chairperson, Maryanne Gurliaccio and Councilman Butler for the work that is being done on Maher Manor and the Chuck Costello Housing. They have worked very hard on this.

Mayor Comments

Mayor Phillips: I promised you a report on the progress on the COI Ordinance. There have been some dramatic events that have taken place since our last meeting. For the purpose of a rejection, I would like you to list ordinances 38 and 39-04 for second reading. I cannot defend, nor can the people who were the architects of the COI available to defend it and I wouldn't want the council to be bogged down by the hearings. There will be some changes in the Department of Community of Development and perhaps we should leave it to the new Director of Community Development.

Attorney Convery: This was advertised for second reading in March and if the Council wishes to defeat this in its present form, it can be listed for the next meeting in February. You can either leave the ordinances until the March date or you can list these and advertise for second reading for the February 7th meeting. I think that the Mayor's point is that he doesn't want a lot of people to come out for no reason if the consensus of the council is not to more forward.

Councilman Testino: We certainly owe the public an opportunity to be heard and work through this. The mayor is suggesting that we scrap this and start over. When we do start over I would like to get the notices to the people. There seems to be a lot of interest in the COI zone and I was looking forward to the workshop so that we could make the changes that were recommended by the public. I am in favor of a workshop on this before it comes back up before the council. I would like to notice at least the homeowners association about the workshop. I would support a no vote on this as early as possible. I don't want the people to think that we are not going to give them a workshop.

Mayor Phillips: I don't want the public to come out and ask questions of the professionals that prepared the COI, when the professionals are not going to be available. The key professional and architect behind this is no longer with the Township and I think it is a waste of time and I would just assume scrap this and start all over again. I would like to share a letter with you that I wrote to the Attorney General, Peter Harvey and Susan Bass Levin, Director of NJDCA.

Dear Sir and Madam:

As Mayor of Old Bridge Township, I wish to do everything possible to cooperate with State Agencies to insure that all planning and zoning approvals in Old Bridge Township are based upon merit only. I, therefore, on this date have directed my Business Administrator, Michael Jacobs, to obtain every file for development involving a major subdivision, major site plan, use variance, general development plan, or other major action of the Old Bridge Planning Board or Zoning Board for his thorough review. Moreover, Mr. Jacobs will seek the objective review of an impartial engineering consultant for every file that he believes warrants further consideration. I realize that this may incur additional expense and will require additional time for a proper scrutiny, but I have no choice if I am to assure our Township residents that every house, store or building approved in Old Bridge measures up to Federal, State and Township standards, and has been approved solely on its own merits.

Moreover, I am requesting that our Township Planning Board and Board of Adjustment take no action on any file which has been selected for further review of an independent consultant. This request will have no impact on the residents seeking minor improvements such as additions, fences, or swimming pools. It also will not affect any requests for minor subdivisions or site plans which may presently be pending.

My actions today are to ensure that no developer can cut corners in Old Bridge, or seek any unfair or illegal advantage in the development process. Unless and until our impartial engineering consultant “signs off” on major development plans in Old Bridge, I am recommending a moratorium on any approvals.

In light of the above, I am requesting that the Attorney General's Office and the Department of Community Affairs acknowledge and support the need for a moratorium on major development approvals in the Township of Old Bridge for a period of one hundred twenty (120) days while our Township takes the time to review these matters and establish a comprehensive engineering review process. Your understanding and support will be greatly appreciated. Please contact me to arrange implementation of these necessary procedures.

Very truly yours,
James T. Phillips, Mayor

Councilman Calogera: Is the Crossroads project included in this? There was numerous testimony from the same gentleman who is no longer with the Township.

Mayor Phillips: The Crossroads project is a conceptual plan and has not deemed any approvals. It is a concept of a plan that is under review by an independent body and an independent engineer, under the auspices of the Redevelopment Agency. Certainly it would be reviewed if Mr. Jacobs thought there was something of warrant there. This is not an approval, it is simply a concept plan.

Councilman Calogera: I took Crossroads as an approval because conceptually, it goes beyond that. It entailed extensive testimony from our former engineer with regards to building homes and projections of income, cost value of property, the number of units. I do not know if I am comfortable with the testimony that was presented by the former engineer.

Mayor Phillips: You know that before one shovel goes in the ground, this will require an extensive review of the application by whoever the redeveloper is. There is nothing to review in the sense of a plan or an approval. All that was done was a concept that the Redevelopment Agency is now trying to implement. Certainly if there is something that you know, you can make Mr. Jacobs aware of it and he will review it. As of right now there is not one single approval based on Crossroads. It is simply taking the land that was designated for capital improvement and putting it towards the benefit of property tax relief. Mr. Jacobs will take your words into consideration and I am sure will include it in his review of any of the applications that are still pending, since 2003.

Councilman Calogera: Are we going to go with a moratorium on all building in planning and zoning?

Mayor Phillips: There are applicants currently before the planning board that are deeply involved in the situation. Certainly, I want a comprehensive review of their application and anything else that Mr. Jacobs may think needs a review of an independent engineer. At this point in time we are trying to be as cooperative as we can with all branches of law enforcement. We are taking this action for the protection of the people of Old Bridge.

Councilman Calogera: Because this is an in-house problem are we confident that we can handle this?

Mayor Phillips: I am confident that we have wonderful people that work for the township and that the planning and zoning boards have nominated and put into consideration outside professionals to do review work.

Councilman Greene: I would like to dispose of this as quickly as possible and I would like to see it on the February 7th meeting. I want to make sure that the residents who assumed that the workshop was going to be held in February are notified that it is being cancelled for the reasons that you stated. I support what Councilman Calogera said on the Crossroads project. It was clearly the previous Township Engineer who was at the forefront of the issue, he was selected to be the first speaker at the council meeting, he was the one who did the financial work on it, he prepared various scenarios as to what the township could realized financially. He did the traffic study on this, he was the point man and the expert that the council relied on to decide whether or not to develop this land and also to establish the redevelopment agency. I think that the Crossroads vote should be destroyed and started over. I would prefer that the land be undeveloped. I certainly feel that because of the circumstances that have occurred we should revisit it.

Councilwoman Panos: What is classified as a major development? Can I have a list of the applications that will not be heard in the next 120 days?

Attorney Convery: There are classifications of developments. If there is a major development, it is called a general development plan; for example Woodhaven came in as that. There are major subdivision plan applications, there are major site plan applications. Whenever a developer has to put in streets or divide a number of lots, it is a major sub division or major site plan. A use variance is considered a major concept. If someone comes in with two lots and wants to subdivide one lot from the other, that is a minor subdivision. If someone wants to build a store, it might be a minor site plan. Also, pools, fences and the like, I think it would be an undue consumption of time and a waste of money to go back and look at those.

Councilwoman Panos: I am keeping my eye on the Dunkin Donuts in my ward that is due before the planning board on February 1st .

Attorney Convery: I can check and see if this is listed as a major site plan and if it is I will recommend that it be reviewed.

Councilwoman Panos: I would like a list a everything that will not be heard in the next 120 days.

Mayor Phillips: Mr. Jacobs is still under his review and as soon as we have a list of what will be sent out for independent examination, we will provide it.

Councilwoman Panos: I would like to know who will be appointed and for how much.

Mayor Phillips: They have not been selected yet and I assume that the cost of this will be borne by the applicant.

Councilwoman Panos: I agree with Councilmen Calogera and Greene that the Township Engineer presented the whole Crossroads concept. I think that we need to revisit the vote on the Crossroads concept.

Mayor Phillips: I respectfully disagree, Crossroads is a conceptual plan and has not received one approval or one permit. We don't know at this time, who the redeveloper will be or what the application may look like.

Councilwoman Panos: Are we voting tonight to move these ordinances up for a vote next meeting?

Mayor Phillips: I am asking to not have a public hearing because the professional who was the chief architect is not going to be there to testify. It would be best if we noticed the people and told them that it was our intention to vote on this with the recommendation of the mayor and staff that this ordinance change will not happen.

During the vote the following comments were made.

Councilman Calogera: Will the public be notified?

Mayor Phillips: We will notice the public. Everyone who was noticed before will be notified when it will be heard and what the purpose is for.

Councilman Calogera: I would also like this on Channel 14.

MOTION

To list ordinances 38-04 and 39-04 for second reading at the February 7, 2005 meeting with the intention of denying the adoption of both ordinances by Councilman Testino, seconded by Councilman Butler.

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

NAYS: None.

PRESENTATION

Certification of Excellence for winning the Stars & Stripes Holiday Tournament.

“Congratulations Old Bridge Jr. Knights Mite B Hockey Team for winning the Championships at the Stars & Stripes Holiday Tournament Held at Mennen Rink in Morristown, NJ”

Mayor James T. Phillips
January 24, 2005

Presented to:

John Clifton - Tim Clifton - Nicholas Conti - Craig Evans - Patrick Geiger - Geoffrey Goldin - Denis Kilduff - Tyler Kogut - Peter Krzewinski - Mickey Levine - Konstantin Mamedov - Reagan Peace - Garrhet Reedy - Brandon Rozzi - Daniel Shelters - Stephen Strom - Cristian Winters - Daniel Rubin - Bill Geiger, Head Coach - Robert Rozzi, Goalie Coach - Stephen Strom, Offense Coach Eric Winters, Defense Coach - Joe Reedy, Bench Coach/Manager - Chrissy Clifton, Hockey Mom - Joe Clifton, Official Scorer

The Old Bridge Jr. Knights presented Appreciation Plaques to Police Officer Keith Calvosa of the Old Bridge PBA and to Mayor Philips.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 01-2005

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE ACCEPTING STREETS WITHIN THE CEDAR RIDGE DEVELOPMENT FOR USE AS PUBLIC ROADS

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

Section 1. Purpose

This ordinance formally accepts streets within the Cedar Ridge development for use as public roads and permits the enforcement of the traffic laws of New Jersey Statutes Title 39.

Section 2. Ordinance

The Township of Old Bridge formally accepts the following roads in their entirety for use as public roads:

Gates Court
North Rutledge Court
Ortley Court
Pemberton Drive
Rutledge Court
South Rutledge Court
Wainright Drive
Winston Drive

Section 3. Inconsistent Ordinances

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

Section 4. Partial Invalidity

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

Section. 5. Effective Date

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

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

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

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

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

NAYS: None.

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

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 02-2005

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AMENDING CHAPTER 2, SECTION 14.9, DEPARTMENT OF PUBLIC SAFETY "SPECIAL LAW ENFORCEMENT OFFICERS"

Section 1. Purpose

This ordinance is adopted for the primary purpose of amending Chapter 2, Section 14.9 "Special Law Enforcement Officers", Department of Police, of the Code of the Township of Old Bridge as follows:

Section 2-14.9 shall be amended by adding the following:

No full time Township of Old Bridge employee shall be first appointed as a Special Law Enforcement Officer for the Township of Old Bridge after February 1, 2005.

Section 2. Inconsistent Ordinances

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

Section 3. Partial Invalidity

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 Township Clerk pursuant to N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.

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

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

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

NAYS: None.

President Baker opened the public portion.

Ms. Linda Seiler: Is the motivation for this ordinance because we have had employees who have worked 40 hours and then been paid overtime for work as a special police officer?

Mr. Jacobs: Yes.

Ms. Seiler: Can this be done retroactively?

Mr. Jacobs: We are actively working to minimize the amount of overtime.

Seeing no hands President Baker closed the public portion. Prior to the vote the following comments were made.

Councilwoman Panos: The ordinance states that a full time employee can not first be appointed. Does that mean that if there is a shortage they can be appointed?

Attorney Convery: No, it deals with reappointments and first time appointments.

*Because a Supplemental Debt Statement was never received by the Township Clerk, the First Reading of this Ordinance has been canceled.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE, NEW JERSEY

ORDINANCE NO. ___

BOND ORDINANCE AUTHORIZING THE COMPLETION OF VARIOUS IRRIGATION AND DRAINAGE RECREATION IMPROVEMENTS IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $120,000 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $114,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:

Section 1. The purposes described in Section 7 hereof are hereby authorized as general improvements to be made or acquired by the Township of Old Bridge, County of Middlesex, New Jersey ("Township").

Section 2. It is hereby found, determined and declared as follows:

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $120,000;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $114,000; and

(c) a down payment in the amount of $6,000 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11.

Section 3. The sum of $120,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $6,000, which amount represents the required down payment are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $114,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $114,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $24,000.

Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:

Purpose/Improvement Estimated Total Cost Down Payment Amount of Obligations Period of Usefulness

A Irrigation and Drainage Improvements at Pension Road Park Cricket Field, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto $60,000 $3,000 $57,000 15 years

B Irrigation and Drainage Improvements at Ticetown Soccer Field, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto 60,000 3,000 57,000 15 years

Section 8. Grants received from any governmental entity, if any, will be applied to the payment of, or repayment of obligations issued to finance the costs of the purposes described in Section 7 above.

Section 9. The average period of useful life of the several purposes for the financing of which this Bond Ordinance authorizes the issuance of bonds or bond anticipation notes, taking into consideration the respective amounts of bonds or bond anticipation notes authorized for said several purposes, is not less than 15.00 years.

Section 10. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $114,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 11. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Township shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 12. The applicable Capital Budget is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended applicable Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 13. The Township hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Township prior to the issuance of such bonds or bond anticipation notes.

Section 14. The Township hereby covenants as follows:

(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;

(b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder;

(c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes;

(d) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 15. The improvements authorized hereby are not current expenses and are improvements that the Township may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 16. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of any such inconsistency.

Section 17. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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

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

NAYS: None.

DISCUSSION ORDINANCES

DO-1 Ordinance to Amend the Land Development Ordinance. (Personal Signs) (RG)

Councilman Greene: Several residents have expressed a concern to me about residents displaying permanent signs on their lawn or apron in residential areas. This ordinance is not for political signs or temporary construction signs. Our current ordinance addresses signs being affixed to the person's home, this ordinance would set the limits on the size of the signs.

Councilman Gillespie: What is a personal sign that is authorized under Subsection A of section 1.?

Councilman Greene: I believe that is to signify the person's own business.

Attorney Convery: That section is already in our land development ordinance. I will check that for you, before first reading. The only thing that we changed is that the sign must be a fascia sign and is limited to 3 feet.

Councilman Gillespie: I do not know what section c is suppose to cover.

Attorney Convery: Sections A and C are already in the code, they are part of the section regarding permitted sign in residential zones. I will research why those two sections are in the code and indicate that to you by first reading.

Councilman Greene: I do not think the original ordinance on signs was very clear as to what kind of signs was and wasn't allowed. I think that you should defer to the attorney for questions.

Attorney Convery: I will check and see if Sections A and C are still viable.

Councilman Gillespie: Since we are including what is authorized and what is permitted, I do not explicitly see campaign signs included, would they be excluded?

Attorney Convery: Regardless of what this ordinance says, political signs are exempt and are protected by First Amendment rights and would take precedent over a municipal ordinance.

Councilwoman Panos: If someone has a dog grooming business, they will no longer be able to put a sign on their lawn, it will have to be adhered to the house?

Attorney Convery: Correct.

Mr. Jacobs: Section A lists a whole host of signs that are exempt from this ordinance and election signs is there. Section 1, C. addresses subdivisions. The only thing that this ordinance changes is that the signs that use to be allowed anywhere on your lawn, now has to be affixed to the house and clarifies the size of the sign.

Councilman Testino: I would need to have a description of what is allowed before I can vote on this. I would also like to know what will be done to the people who already have these signs. I think this is a plausible goal but I want to make sure that we are not over regulating certain items. I will need more information before I can vote on this.

Councilwoman Panos: I would suggest that we move this up for first reading since Mr. Jacobs and Mr. Greene worked on this. I would like to make a motion to move this up for first reading.

Mayor Phillips: I would suggest that you include in the packets the answers to these questions before first reading.

MOTION

to move up to first reading Discussion Ordinance “Amending LDO re: Signs” by Councilwoman Panos, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: Councilmen Gillespie, Maher, Volkert.

ABSTAIN: Councilman Testino.

DO-2 Ordinance Amending Section 10-3.0 Parking By Permit Only in designated residential areas. (Oakland Road, Nathan Drive & Cardinal Court) (MJ)

Mr. Jacobs: Several months ago we received several complaints where commuters were avoiding paying a dollar a day to park in the Inverness commuter lot and parking on these streets. We decided to implement parking by permit only on these streets. We sent letters to each of the property owners and feedback was 98% in favor of doing this ordinance.

Councilman Calogera: If it is such a burden for the people to pay the dollar, we may have to look into other options. I think in the meantime, we have to do something to alleviate the parking problem that residents are having.

Councilwoman Panos: How many other roads do we have in town that are parking by permits?

President Baker: About twenty.

Councilwoman Panos: There are residents in my ward that are having problems with people from the Breakfast Club parking in front of their houses and driveways on Friday and Saturday nights. I am asking the Administration to send a survey to the residents on Ridge Road and Robin Lane to see if they would want the same residential parking permits.

Mayor Phillips: I would be happy to.

MOTION

to move up to first reading discussion ordinance for Residential Permit Parking on certain roads by Councilman Calogera, seconded by Councilman Gillespie and so ordered on the following roll call vote:

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

NAYS: None.

DO-3 Ordinance governing protection, preservation, maintenance and removal of trees and shrubs within the Township of Old Bridge.

Attorney Convery: I am aware that there are other surrounding townships that have identical ordinances. The two purposes for this ordinance are to prevent clear cutting and also to require the developer to replace trees by either planting trees, planting trees on municipal property or paying money into a fund so that the towns can plant trees throughout the town. I will be going to a seminar on this particular type of ordinance on February 7th. I have provided an two page outline that summarizes this ordinance.

Councilman Gillespie: I support the goals of this ordinance but I am concerned about the mechanics of the ordinance and would like the opportunity to work on this more.

Councilman Calogera: I was under the impression that we did this before and that it was on the books. I think Gary Lovallo was employed to get this done with Sam Rizzo.

Mayor Phillips: I met with Gary and he has done a significant amount of leg work on this and it has gone no where. I think that this ordinance is a step in the right direction. This has been challenged in other towns, so we have to be careful with the implementation of it. Mr. Convery has had success with this ordinance in Monroe where it was upheld.

DO-4 Ordinance vacating a portion of Higgins Road. (JC)

President Baker: The folks from Country Place are concerned that Higgins Road would some day be a through street and with this ordinance, it will not. Higgins Road will forever remain a dead end.

Councilman Greene: Where is this road?

President Baker: Higgins Road dead ends in Country Place, there are two parcels of land that we are going to vacate and give it to the Homeowners Association, so there won't be a parkway that runs behind their homes.

Councilman Greene: Does the Homeowners Association own both pieces of property on either side of the area that we are vacating?

President Baker: Yes.

Councilman Greene: How big of a parcel is it?

President Baker: It is less than an acre on either side.

Councilman Greene: I am only asking because I did not see any communication on this vacation.

President Baker: This came from the Homeowners Association, they asked me to take action.

Councilman Calogera: This is the area that they were concerned about being connected to Trans Old Bridge Road. I believe that there are a lot of wetlands there, so the original intent of connecting these roads, I do not believe is viable. I don't see a problem with doing this but I would like some clarification on lot 63 and who owns them now and who we are giving them to.

President Baker: Both parcels are the Homeowners Association, and prior to first reading we will have more documentation.

Councilman Volkert: Can we legally give an Association a street that is proposed like that?

Attorney Convery: The property is approximately 50x50, it is the width of the roadway. The property on either side is owned by Old Bridge Manor Homeowners Association. When you vacate a street, the property on each side goes to the adjoining property owner.

Councilman Testino: Who owns the other side?

Attorney Convery: The other side is Trans Old Bridge Roadway and the opposite side is Higgins Road. The right of way would be with the Township.

Mayor Phillips: We can not endorse this concept enough. The people of Country Place deserve to know that this roadway will not go through.

Councilwoman Panos: Is there any Township property involved?

Attorney Convery: It is a right-of-way for a road and it usually referred to as a paper street.

MOTION

to move up discussion ordinance on Vacation of a Portion of Higgins Road by Councilman Gillespie, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: None.

CONSENT AGENDA

President Baker opened the public portion on the Public Portion

Ms. Linda Seiler: on Resolution #54-05 - Appointments to Redevelopment Agency: I believe that there is a flaw in the ordinance because I believe that the appointments should have been made by the council, not the mayor. I spoke to the State and they confirmed that to me. There was no advertisement of the request for resumes or for the date of the first meeting. I think that this is flawed and should be done over.

Ms. Linda Seiler: on Resolution #51-05 – Interlocal Agreement with Sayreville, do we know who the organization is that does these shared services?

Mr. Shah: The network service for Old Bridge is done with in-house staff. I do not know what organization was providing it to Sayreville. We are applying for a state grant to implement this on a larger scale.

Ms. Seiler: What is the grant for?

Mr. Shah: We are going to provide the service to Sayreville.

Ms. Seiler: Does that produce revenue?

Ms. Shah: Yes.

Ms. Seiler: Will it increase our payroll because we are now taking care of two offices?

Mr. Shah: It will require an increase in staff. We are asking the state to give us $76,000.00 for the implementation cost, for next year we will be paying 50% and Sayreville will pay the other half.

Seeing no hands President Baker closed the public portion on the Consent Agenda.

PROFESSIONAL SERVICE CONTRACT FOR MARC B. SCHRAM, ESQ. AS PUBLIC DEFENDER AND SETTING FORTH A SALARY AS REQUIRED UNDER ORDINANCE NO. 46-97

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

RESOLUTION #48-05

WHEREAS, Ordinance No. 46-97 creating the position of Municipal Public Defender requires that the Public Defender shall have a set salary fixed by the Township Council in the resolution of appointment; and

WHEREAS, Marc B. Schram was appointed as Public Defender on January 1, 2005 for a term of one year expiring December 31, 2005; and

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

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

1. The Township Council hereby reaffirms the appointment of Marc B. Schram, Esq. as Public Defender for the Township of Old Bridge Municipal Court for a one year term terminating on December 31, 2005; and he shall be so employed by the Township of Old Bridge and eligible for all benefits to which Old Bridge employees are entitled, except for medical insurance benefits, and shall serve at a salary of $15,000 per annum.

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

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

RESOLUTION AUTHORIZING MAYOR AND CLERK TO SIGN CORRECTIVE DEED IN REGARD TO PROPERTY KNOWN AS BLOCK 1061, LOT 279

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

RESOLUTION #49-05

WHEREAS, Theresa Fogarty owns the property commonly known as 278 Furman Boulevard, Cliffwood Beach, New Jersey; and

WHEREAS, said property consists of Lots 276, 277, 278 and 279; and

WHEREAS, it appears that due to an In Rem Foreclosure actions filed in the County of Middlesex during 1953 that lot 279 was placed in the name of the Township of Old Bridge; and

WHEREAS, it appears that Lot 279 is presently listed by the Township Tax Assessor as owned by Theresa Fogarty, is considered one parcel along with Lot 278; and taxes have been paid thereon for many years; and

WHEREAS, the Township Tax Assessor agrees that the Township of Old Bridge does not own Lot 279 and that same is owned by Theresa Fogarty; and

WHEREAS, the Township Tax Assessor concurs that a Quit Claim Deed relinquishing any and all claims by the Township of Old Bridge would be appropriate to clear title to Lot 279.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Township Clerk are hereby authorized to execute a Quit Claim Deed in favor of Theresa Fogarty in order to clear title to Lot 279 in Block 1061.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

CANCEL OUTSTANDING CURRENT FUND AND PAYROLL DEDUCTION CHECKS TOTALING $3,051.02

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

RESOLUTION #50-05

WHEREAS, there are certain Current Fund Account and Payroll Account checks that have remained outstanding in excess of one (1) year; and

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

OUTSTANDING CHECKS – CURRENT FUND

DATE CHECK ISSUED No. AMOUNT VENDOR

7/28/03 - 691052, $54.99, Staples
7/28/03 - 691092, $1,313.05, Weiner & Weiner Atty
8/12/03 - 691227, $349.20, Nestle Ice Cream Company
11/25/03 - 692631, $1,320.20, Jeffery Ruderman, Atty.
$3,037.44

OUTSTANDING CHECKS – PAYROLL ACCOUNT

7/2003, 113768, $.68 Robert Moser
9/2003, 115085, $12.90 Richard Boyle
$13.58

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge., County of Middlesex, State of New Jersey that the above listed outstanding checks totaling $3,051.02 be canceled.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

RESOLUTION FOR IMPLEMENTATION GRANT APPLICATION

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

RESOLUTION #51-05

WHEREAS, the Township Council of the Township of Old Bridge and Borough of Sayreville have agreed to apply for SHARE (Sharing Available Resources Efficiently) assistance through the State of New Jersey Local REDI Program in the amount of $76,125.00; and

WHEREAS, the grant includes a local matching requirement in an amount equal to 25% of the amount of the grant; and

WHEREAS, the Township of Old Bridge has agreed to be the lead agency in this endeavor; and

WHEREAS, the State of New Jersey has made SHARE assistance available to assist local units study, develop and implement new shared and regional services; and

WHEREAS, the purpose of this grant is to promote shared services between our local units through the sharing of Network Support Services that would be beneficial to the Township of Old Bridge and the Borough of Sayreville; and

WHEREAS, the Township of Old Bridge agrees to execute an Interlocal Services Agreement with the Borough of Sayreville in order to implement the Network Support Services.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, that the Township of Old Bridge does hereby join with the Borough of Sayreville in applying for a grant for the purpose of implementing Network Services, and agrees to provide its required share of the local match in the amount of $12,687.50

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

BINGO/RAFFLE

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

RESOLUTION #52-05

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 Clerk is hereby authorized and directed to issue to the applicants, the following licenses:

RA25-05 Asher Home PTA
RA26-05 Asher Home PTA
RA27-05 Beez Foundation
RA28-05 NJ Jewish Home for the Aged
RA29-05 Institute for Children with Cancer and Blood Diseases
RA30-05 Institute for Children with Cancer and Blood Diseases
RA31-05 Institute for Children with Cancer and Blood Diseases

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

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

NAYS: None.

ABSTAIN: Councilman Testino.

ABSENT PODIUM: Councilman Butler.

AUTHORIZING SECONDARY NEWSPAPER – SUBURBAN NEWSPAPER

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

RESOLUTION #53-04

WHEREAS, the Suburban Weekly Newspaper is hereby authorized as a Secondary Newspaper for a term ending December 31, 2005

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

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

NAYS: Councilmen Gillespie, Volkert,

ABSENT PODIUM: Councilman Butler.

Prior to the vote the following discussion took place.

Councilman Volkert: Does the paper have to be delivered all over town for it to be a secondary newspaper because it is not delivered in Laurence Harbor?

Attorney Convery: The sole purpose for this is because the Clerk likes to have certain types of advertisements in the Suburban as a secondary source. I do not believe there is any reason to deny the Clerk this request.

Councilman Volkert: This paper does not reach the residents of Laurence Harbor and Cliffwood Beach.

President Baker: We can have the administration send a letter to the Suburban and request that they deliver to those areas.

MOTION

to table Designating Suburban as secondary newspaper by Councilman Volkert, seconded by Councilman Testino and so DENIED on the following roll call vote:

AYES: Councilmen Gillespie, Maher, Testino, Volkert.

NAYS: Councilmen Calogera, Greene, Councilwoman Panos, President Baker.

ABSENT PODIUM: Councilman Butler.

Prior to the table vote the following discussion took place.

Councilwoman Panos: There are areas in ward six that also do not receive the paper, such as Pleasant Valley Road.

Councilman Gillespie: We cannot compel them to deliver to those areas. We should table this resolution until we can make a more informed decision.

MOTION

to table by Councilman Gillespie and seconded by Councilman Testino.

NO VOTE TAKEN

Councilman Greene: We just had a table motion and it failed.

Attorney Convery: It would an exercise in futility to pass this resolution and then put conditions on it. The motion to table failed and if you are not ready to pass this resolution, you should vote no.

Councilman Volkert: I do not see a benefit to this. We are using taxpayer money, and the taxpayers in Laurence Harbor and Cliffwood Beach do not benefit from this.

Mayor Phillips: The Suburban, more than any other newspaper is covering Old Bridge more and more and because of that it has become a very popular newspaper. I would suggest you pass this resolution and I will make it my business to plead Mr. Volkert and Mrs. Panos' concerns to the editorial and distribution boards. As the Mayor, I think this is a valuable newspaper.

Councilman Greene: I agree with the Mayor, this is the newspaper that covers Old Bridge the most. We no longer see reporters from the other newspapers. I would like see all the residents get the paper but we have to keep in mind that this is a free newspaper and it distributed by volunteers.

Mayor Phillips: In most of the town it is a free publication, in the areas that do not have circulation, they may put them in the convenience store, but there is a charge.

Councilman Volkert: The convenience store gives it away, but there are only about 50 copies.

Councilman Calogera: Ward four is served very well by the Suburban, it is probably where most of the residents get their information from. I suggest leaving this as the secondary paper and hopefully the Mayor can make some progress with them.

RESOLUTION SETTING DATES AND APPOINTMENTS TO THE OLD BRIDGE REDEVELOPMENT AGENCY

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

RESOLUTION #54-05

WHEREAS, the Township Council hereby confirms the Mayor's appointments of the members to the Old Bridge Redevelopment Agency as follows:

Mark Proudman, Term Ending November 8, 2007
Roy Quackenbush, Term Ending November 8, 2007
Joseph Mark Arena, Term Ending November 15, 2007
Russell Azzarello, Term Ending November 8, 2008
William Volkert, Term Ending November 8, 2009
Suzanne S. Meyer, Term Ending November 15, 2009
Councilman Edward Testino, Term Ending November 8, 2005

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

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

NAYS: Councilman Greene, Councilwoman Panos.

ABSENT PODIUM: Councilman Butler.

ABSTAIN: Councilmen Calogera, Volkert.

AUTHORIZING THE AWARD OF CONTRACT FOR AUDITING SERVICES TO HODULIK & MORRISON, P.A.

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

RESOLUTION #55-05

WHEREAS, the Township of Old Bridge requires the services of a professional accounting firm for auditing services for the Township of Old Bridge; and

WHEREAS, Hodulik & Morrison, P.A. is a licensed New Jersey accounting firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to award a contract for auditing services to Hodulik & Morrison, P.A. located at 1102 Raritan Avenue, P.O. Box 1450, Highland Park, NJ 08904

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. Hodulik & Morrison, P.A. is hereby awarded a contract for the State Fiscal Year ending June 30, 2005 for auditing services for the Township of Old Bridge in an amount not to exceed $57,000.00

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1305 certifying the existence of a sufficient appropriation to fund the extension of 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. Compliance by the vendor with signing the mandatory affirmative action language required by law.

C. Compliance by the vendor with filing of Affirmative Action Form AA302 or AA201 or otherwise complying with Affirmative Action employee information reporting.

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

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

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

NAYS: Councilwoman Panos.

ABSENT PODIUM: Councilman Butler.

ABSTAIN: Councilmen Calogera, Greene, Maher.

Prior to the vote the following discussion took place.

I would like to thank our previous auditor; Hutchinson, Farrell and Laezza especially Gene Farrell. I think he is a man of integrity and I am sorry that we are losing him.

AUTHORIZING CONTRACT WITH ANDRE'S PLUMBING AND HEATING NUNC PRO TUNC RE: EMERGENCY REPAIRS EVENT 12/22/04

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

RESOLUTION #56-05

WHEREAS, the Township of Old Bridge required the services of a contracting firm with regard to the emergency situation December 22, 2004; and

WHEREAS, Andre's Plumbing and Heating, a licensed New Jersey contracting corporation is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with Andre's Plumbing and Heating in the amount of $3,200.00for the emergency repairs from a failed heater on December 22, 2004 at the Laurence Harbor Senior Center.

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

1. The contract for emergency repairs from the failed heater on December 22, 2004 at the Laurence Harbor Senior Center is authorized to Andre's Plumbing and Heating in the amount of $3,200.00 nunc pro tunc.

2. The Mayor and Clerk are hereby authorized to execute any and all documents necessary to extend this contract.

3. The award of the contract is contingent upon the issuance of a Certificate of Availability of Funds #1304 certifying the existence of a 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 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 the Affirmative Action Form AA302 or AA201, or otherwise complying with affirmative action employee information reporting.

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

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

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

NAYS: None.

Prior to the vote the following discussion took place.

Councilman Calogera: Is this amount for repairs or replacements?

Mr. Shah: The amount is for repairs and a replacement.

Councilman Volkert: They repaired a broken pipe and installed ceiling heating.

RESOLUTION CONSTITUTING AN AGREEMENT WITH CERTAIN STATE CONTRACT VENDORS

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

RESOLUTION #57-05

WHEREAS, the Township of Old Bridge as a contracting unit may, without advertising for bids, purchase any materials, supplies or equipment under any contract or contracts for such materials, supplies or equipment entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury pursuant to the provision of N.J.S.A 40A:11-12; and

WHEREAS, the Township Council of the Township of Old Bridge wish to evidence an agreement with the listed referenced State Contract Vendors through this resolution and a properly executed purchase order, which agreement shall be subject to all the conditions applicable to the State Contract; and

WHEREAS, the Township Council of the Township of Old Bridge wish to authorize the Purchasing Department to purchase those certain items from an approved New Jersey State Contract Vendor;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that this resolution together with properly executed purchase order shall constitute an agreement between the Township of Old Bridge and the below referenced State Contract Vendors subject to all conditions applicable to the current State Contract; and

BE IT FURTHER RESOLVED that the Township Council of the Township of Old Bridge hereby authorizes the Purchasing Department to purchase from an approved New Jersey State Contract Vendor.

VENDOR NAME Amount Expended State #
Last Year

Allied Office Products, $77,434.94 T0177
Allied Oil Co., $105,671.62 68766
Allstate Office Interior, $17,417.00 T0408
Campbell Foundry Company, $17,801.00 T0148
Century Jersey Waste, $23,163.80 T1073
Civil Solutions, $35,647.50 T1842&T1841
Dell Marketing, $56,439.55 T0483
East Coast Emergency Lighting, $48,245.42 T0106
EPlus Technology, $17,784.19 T0483
Garden State Highway Prod, $16,861.45 Multi
International Truck, $15,420.10 T0074&T2108
Lawmen Supply of NJ, Inc., $21,366.57 T0106&T2089
Matty's Auto Parts Inc., $27,514.21 T0065
Max Finkelstein, Inc., $13,419.43 T0123
Motorola Communications, $106,944.86 T0109
Perth Amboy Tire, $14,388.63 T0123
Petroleum Traders Corp., $234,343.03 T0083
Pierce Eagle Equipment, $23,170.00 T0085
Raritan Office Supplies, $31,498.90 T0052
Rodio Tractor Sales, Inc., $94,985.00 T2187
Seeley Equipment & Supply, $13,445.53 T0085
Sta-Seal, Inc., $10,957.34 T0142
State Carpet Sales, $2,128.80 T0147
Storr Tractor Co., $19,915.45 Multi
Verizon, $69,545.87 T1644
Westwood Computer Corp., $26,987.00 T0483
Woodbridge Lincoln Mercury, $56,942.10 T0126&T0065

BE IT FURTHER RESOLVED by the Township Council of the Township of Old Bridge that pursuant to the rules of the Local Finance Board of the State of New Jersey no amount of this contract shall be chargeable or certified until such time as goods are ordered or otherwise called for prior to placing the order and a certification of available funds made by the Director of Finance upon receipt of a properly executed purchase order. The individual issuing the purchase order shall have the obligation of securing the necessary certification as to the availability of funds from the Director of Finance.

BE IT FURTHER RESOLVED that the duration of this authorization shall be until December 31, 2005 or upon the expiration of the vendors State Contract, whichever event first occurs.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

Prior to the vote the following discussion took place.

Councilman Gillespie: I see that we are back to purchasing fuel from the state contract. I know in the past that we did not purchase of the state contract.

Mr. Shah: We have always purchased off the state contract.

Councilman Gillespie: Can we get a better price if we get off the state contract?

Mr. Shah: I do not think so and it is complicated to try and go out to bid for this.

RESOLUTION AUTHORIZING THE GRANT APPLICATION FOR SAFE AND SECURE COMMUNITIES PROGRAM

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

RESOLUTION #58-05

WHEREAS, the Township of Old Bridge is aware of a grant given by the State of New Jersey to fund a project under the Safe & Secure Communities Program; and

WHEREAS, the Old Bridge Township Police Department wishes to apply for said grant.

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

1. The Old Bridge Police Department shall and is hereby authorized to apply for Safe & Secure Communities Program. Grant #P-3112 at an estimated total project cost of $60,000.00

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

ABSTAIN: Councilman Gillespie.

Prior to the vote the following discussion took place.

Councilman Maher: Will this offset the salaries?

Chief Collow: Yes.

AUTHORIZING PROFESSIONAL SERVICE CONTRACT WITH CME ASSOCIATES FOR UPDATING STORMWATER REGULATIONS

RESOLUTION #59-05

WHEREAS, the Township of Old Bridge requires the services of a professional engineering firm for the updating the Township's storm water regulations; and

WHEREAS, CME Associates is a licensed New Jersey engineering firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to award a contract for the aforesaid engineering services to CME Associates

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

1. A contract for professional services is authorized to be entered into with CME Associates located at 3141 Bordentown Avenue, Parlin, NJ 08859 in the amount of $18,400.00

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1303 certifying the existence of a sufficient appropriation to fund the extension of 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. Compliance by the vendor with signing the mandatory affirmative action language required by law.

C. 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 Gillespie and so ordered on the following roll call vote:

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

NAYS: None.

Prior to the vote the following discussion took place.

Councilman Maher: What is the actual amount of this?

Mr. Jacobs: We received a grant of $20,000.00 – the actual price is $18,400.00.

Councilwoman Panos: What is this for?

Mr. Jacobs: The state enacted new storm water regulations and this is a requirement to get the permit by the deadline of April 1, 2005.

Councilwoman Panos: I would like a list of all the contracts and amounts that CME has been awarded in the last year.

Mayor Phillips: We can tell you how much has been paid to them last year and also to date, this year. CME and others have been assigned by the planning and zoning boards, so there is not a contract for a specific amount of money.

Public Comments

Ms. Linda Seiler: I looked up CME and Hodulik companies and see that CME spent $91,750.00 in campaign contributions for the 2004 election cycle on the state and federal level. I did find that in 1999 Hodulik and CME both contributed to Mr. Patrick Gillespie, why did you not abstain from voting?

Attorney Convery: Are you saying that any politician, at any level ever got a contribution, no matter how much, they must abstain from voting?

Ms. Seiler: This may be something that we should do, to raise this to a higher level.

Attorney Convery: You are talking about a contribution in 1999, it is now 2005. We would have to look at what the regulations were in Old Bridge in 1999. This whole area is in flux. I went to a seminar on this and “Pay to Play”. I understand that there is a Federal Judge who is saying that the Federal Government can say they are not going to provide funding to the state, if they have that provision because it interferes with contracts. This is a difficult area and if you want to call me, we can get together and go over the present municipal regulation.

Ms. Seiler: I would like to know if CME has contributed to any other council members.

Attorney Convery: You can contact the State and they can tell you what the records are to any politician.

Ms. Seiler: I would like anyone from the public who is interested in signing a petition to stop Crossroads to contact me.

Ms. Seiler: In looking over the bill list I noticed that $308.00 JAG for Double D luncheon, why did we pay for that? Mr. Criscuolo was reimbursed for $40.00 for a Notary Registration, there are plenty of Notaries in town, why did he need one? There is a $390.00 charge for coffee, why are we paying for this?

Council Comments

Councilman Butler: I would like thank all the residents and township employees who sent me cards, flowers and fruit baskets with respect to the passing of my father. I would like to thank Joanne and William Bathe for setting up a Mass at St. Bernadette's on February 12th.

Councilwoman Panos: When will the Ethics Committee come back with the determination of the Ethics Board in the township?

President Baker: At the last meeting, we negotiated 45 days – it will be sometime in February.

Councilwoman Panos: In the meantime, are we to adhere to the ordinance that is on file?

Attorney Convery: There is an ordinance in place and it establishes a board and if there is anyone who files an ethics complaint, it should be given to the Township Clerk to be forwarded to the Board. The ordinance is in place and it is up to the Council on whether or not you retain the board system or see to it that any complaint be referred to the State, which handles any and all matters that are not handled by a local board.

Councilwoman Panos: There are two items that have been before the Ethics Board for about two years, I would like to know what the status of them.

Mayor Phillips: There is nothing pending before the Ethics Board.

Councilwoman Panos: There is an ethics charge against former Councilman Redmond . . .

Mayor Phillips: You may have said that someone filed it, there may be one against Mr. Sohor, I think that is the other one.

Councilwoman Panos: Yes.

Mayor Phillips: They don't exist.

Councilwoman Panos: Yes they do, I have the paperwork at home.

Mayor Phillips: I can assure you that John Muir who is heading up the Ethics Board has had no correspondence or recommendations or anything forwarded to him.

Councilwoman Panos: I have the papers at home. I have correspondence between the Clerk's office and the Ethics Board.

Mayor Phillips: I would be very interested in seeing that because I know John Muir to be a man of great reputation.

Councilwoman Panos: I am not questioning anyone's reputation.

Mayor Phillips: When I spoke to him, that last ethic situation that they were involved in revolved around Councilman Hoff. which has long been resolved. There is no correspondence on any other complaint against any individual.

Councilwoman Panos: I disagree and I will most certainly get you the paperwork to back my statements up.

Mayor Phillips: You may have the paperwork, but I can assure that they were not forwarded to the Ethics Board, in the person of John Muir.

Councilwoman Panos: Well then that would lie in the Clerk's Office.

Mayor Phillips: I have no idea of these allegations or where they were filed. John Muir, the Ethics Board has no record of documenting or even taking up these considerations.

Councilwoman Panos: They were filed in the Clerk's Office – which will be investigated. In the Ethics code, I believe