Old Bridge Township, New Jersey - March 7, 2005 Minutes

A combined meeting of the Township Council of the Township of Old Bridge was held on Monday evening, March 7, 2005 in the Municipal Complex. The meeting was called to order at 7:35 p.m. by President Baker who asked all present to participate in a salute to the flag which was followed by a short prayer. President Baker asked all present to remain standing for a moment of silence for our troops both home and abroad who are in harms way.

Deputy Clerk Stella 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 by Deputy Clerk Stella Ward showed the following members present: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.

APPROVAL OF MINUTES:

RESOLUTION NO. 82

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

the following minutes are hereby approved:

Regular Meeting - January 10, 2005
Combined Meeting - January 24, 2005

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

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

NAY: None.

ABSTAIN: Councilman Calogera

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

Councilman Gillespie: I will vote yes on the approval of the minutes, however there is one minor change with regard to a vote. I will advise the Clerk's office as to the change.

Bill List

RESOLUTION #83

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 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 February 28 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 February 28, 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 $19,375,471.87(General Fund)

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

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

NAYS: None

Bill List

RESOLUTION #84

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 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 February 28, 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.

Moved by Councilman Butler, 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

Bill List

RESOLUTION #85

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 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

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

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

NAYS: Councilmen Calogera, Maher

CLERKS REPORT

MOTION

Motion to accept the Clerk's Report for the months of January and February 2005 made 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.

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

The following represents the collections made during the month of January 2005:

DOGS
1-1100 8,235.00
411 & 615 Replacement @ $.50 1.00
8,236.00

CATS
271 7.00 7.00

LICENSES
Vending
Candy - $5.00

#'s
1 Old Bridge Diner 5.00
Soda

#'s
1 The Laundry Room 10.00
Amusement - $25.00

#'s
1-5 Browntown Inn 125.00
6-7 Keg & Cork 50.00
8-12 Marleybone Pub 125.00
13-15 Old Bridge Liquors 75.00
16-17 Ticetown Liquors 50.00
18-21 Vitale's 100.00

Used Car
374 Stream Motors 350.00
376 Circle Automotive 500.00
377 Riporti's Auto Mall 350.00
378 Academy Honda – DCH Investments 500.00
379 Route 34 Autos 500.00
380 Oasis Ford 350.00
381 Oasis Dodge 350.00
382 Oasis Chevrolet 350.00

Soliciting
375 United Stated Beef Purveyors 100.00

Towing
Jean's Garage – 2 Licenses 200.00
Al's Towing – 2 Licenses 200.00
Julian's Garage – 3 Licenses 300.00
Circle Automotive – 3 Licenses 300.00
First Due Towing 100.00
I&J Towing 100.00
Emm's Auto Repair – 2 Licenses 200.00
Regional Transport 100.00
George Logan Towing – 2 License 200.00
D&J Towing – 2 License 200.00

Hot Dog
439 Nina's Texas Weiners 50.00 5,840.00

BINGO/RAFFLE
RA 24-05 Sayreville Association 20.00
RA 25-05 Asher Home Elementary School 30.00
RA 26-05 Asher Home Elementary School 10.00
RA 27-05 Beez Foundation 10.00
RA 28-05 Central Home for the Aged 60.00
RA 29-05 Inst.for Children w/Cancer & Blood Disease's 60.00
RA 30-05 Inst.for Children w/Cancer & Blood Disease's 10.00
RA 31-05 Inst.for Children w/Cancer & Blood Disease's 30.00
RA 32-05 McDivitt School 10.00
RA 33-05 Court Queenship of Mary 10.00
RA 34-05 Court Queenship of Mary 10.00
RA 35-05 Schirra School 10.00
RA 36-05 Schirra School 10.00

280.00

PARKING PERMITS
#1728-1814 (74 Permits) 1,850.00
#1736,1740,1744,1745,1746,1752,1755,1767,1775,1784,1786,1806
replacements 60.00
#1737 no charge

Temporary Permits
#487-497 (10 permits) 50.00
1,960.00

MAPS
3 street maps 15.00
15.00

SEARCH
1-2005 10.00 10.00

MISCELLANEOUS
Photocopies 198.61
198.61

TOTAL $16,546.61

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

The following represents the collections made during the month of February 2005:

DOGS
1101-1962 6,545.00
1493 No charge – replace 1205 lost in mail
6,545.00

LICENSES

Vending
Candy - $5.00
#'s
2 Madison Variety 5.00
3-7 Sears, Home Depot, Lowe's 25.00
8 Madison Center 5.00
9 Summerhill Nursing Home 5.00
10-13 Board of Education 20.00
14-15 R&S Vending 10.00

Soda - $10.00
#'s
2-15 Sears, Home Depot, Lowe's 140.00
16-19 The Golf Center 40.00
20-32 American Coin 130.00
33 Summer Hill Nursing Home 10.00
34-37 Board of Education 40.00
38 Pegasus 10.00
39-50 Pepsi – Various Locations 120.00

Amusement - $25.00
#'s
22-93 The Golf Center 1,800.00
94-100 A&P, Pathmark, Walmart 175.00

Food
#'s
1-2 Home Depot, Lowe's 50.00

Towing
Mendola's Towing 100.00
Old Bridge Collision 100.00
Boyce Towing – 3 Licenses 300.00
B&B Towing 100.00

Hot Dog
441 Fernando Rocha 50.00

Limousine
Escort Limo 50.00
Saharhov LLC 50.00
Sheba Datt 50.00
Innovative Limousine 50.00
3,435.00

BINGO/RAFFLE
RA 37-05 Most Holy Redeemer Church 10.00
RA 38-05 Feast of the St. Lawrence 10.00
RA 39-05 St. Thomas Church 10.00
RA 40-05 St. Thomas Church 10.00
RA 41-05 Old Bridge High School PTA 10.00
RA 42-05 St Bernadette's Church 50.00
RA 43-05 Joseph Cantena PTO 40.00
RA 44-05 Joseph Cantena PTO 10.00
RA 45-05 Court Queenship of Mary 10.00
RA 46-05 Old Bridge High School PTA 10.00
170.00

PARKING PERMITS
#1815-1868 ( 44 Permits) 1,100.00
#1815,1825,1826,1830,1831,1842,1843,1844, 1846
replacements 45.00
1850 at no charge – missing

Temporary Permits
#498-504 (7 permits) 35.00
1,180.00

MISCELLANEOUS
Photocopies 241.13
241.13

TOTAL $11,571.13

ATTORNEY REPORT

No Report from the Attorney

PRELIMINARY PUBLIC COMMENTS

Abbie Swanson: I am representing Service Employees International Union, Local 32B J. I work in the research department and Local 32BJ represents some 5000 members in New Jersey and thousands of additional members live in New Jersey and work in New York. We are the largest voting service union in the United States with over 75,000 members in the tri-state area. Our members and many others are concerned about M. Alfieri's Company proposal as presently designed to build three office towers totaling 800,000 square feet and some 80 single family homes at Laurence Harbor Road and that is at the Garden State Parkway Exit 120. We are concerned and feel it is necessary to bring this to your attention because the proposed project is so large and if approved as designed we believe it will have adverse effects on our community related to traffic, schools and the environment. We were so concerned that we hired Brian Ketchum Engineering to adhere Alfieri Developers traffic analysis and a copy of the traffic critique will be distributed to you now. I want to make two quick points about the shortcomings of Alfieri's study that BKE found. First it inadequately considers additional traffic effects from a potential train station and hotel that they may build in 2010. The study also ignores office buildings sitting vacant at Exit 120 of the Garden State Parkway and the impact they will produce when fully occupied.

I want to ask the Council to consider three questions, first, who will pay for further traffic measures like road improvements on Laurence Harbor Parkway; second, do we have enough office space in Old Bridge already and finally, what impact would the project have on our schools? I urge you to consider the effect of Alfieri's proposed project as designed in the community and the effect on our schools. I want to thank everyone for their time this evening.

Attorney Convery: I think it is important to point out that this is an application that is pending before the Old Bridge Zoning Board, who actually will take action one way or another, which under the Municipal Land Use Law is pending before that particular board. Ms. Swanson has every right to come forward and notify the public and the Council as to their point of view and she raised obviously important questions, but I don't think that those questions call for an answer from the Council at this time.

President Baker: We are not going to debate this at this juncture. I am going to ask the administrator to consider the questions and get back to you.

Anil Patel: I reside at 94 Phillips Drive. I have a citizen's complaint. I have lived here for twenty years. For the last three years, my house has been egged. I have complained nine times, and now I have lost my patience. I am addressing this complaint to the Chief of Police, the Council and the Mayor. I need some answers because I fear for my family. My wife and daughter are scared and this has to stop. I have a right to be protected and if I have to stop paying my property taxes and I will take action against the town and use the funds for that purpose. I want to complain to the Chief of Police that on or about 10PM on March 4th we did call for help and Dispatcher #23 mentioned that this is not a priority so we will send a police officer as soon as possible. I will not tolerate that type of attitude as a citizen. Does someone in my house have to be murdered before this is a priority? I think that I need some action within the next 48 hours.

Mayor Phillips: Come with us right now, the Chief is here and discuss this and we will try to get action for you tonight.

Councilman Calogera: Can we get a report to Council on this matter for the next meeting?

President Baker: Yes.

Bharat Patel: I reside at 75 Greenwood Road for 18 years. My house has also been egged many times. I am hurt not by the eggs, but I have little kids at home and these little children are sleeping on the floor in my bedroom because they are afraid that our house is being attacked. I have had to change my aluminum siding because of the stains. Last time I called the police at 10:15pm and they did not come till 11:15pm. When I called a second time I was treated like I was the criminal. Two years ago, I sat outside my home in the dark and caught four kids egging my house and I do not know whatever happened or what the police did regarding this matter. Now it has started again. It happened on March 4th and again on March 6th and when I called the police they told me it's only eggs. Me and my son cleaned up for three hours on the 4th and yesterday it was all back again.

President Baker: Please join the Mayor and discuss the matter right now.

Pete Trabucco: I represent the American Heart Association, which is the premier health organization and we represent over 200,000 people with regard to volunteers. We have raised a great deal of money for heart research and related diseases. Although it is believed that women and children do not die from heart disease, this statement is not true. The Heart Awareness Day sponsored by the Township makes people aware that heart disease and stroke affect one in four individuals. I ask that Lawrence Redmond come up here to give each of you something commemorating the “Wear Red for Women” campaign that took place a few weeks ago. I am happy that we are able to make this information available and that you as a Council and Township are looking into making more people aware. I want to say thank you for your time and I appreciate your allowing me to speak this evening.

Jane Staeger: I live at 44 Rt. 34 and I am here because they are building a warehouse in my neighborhood. I believe that there are violations in the construction of this facility and if we don't like it we have to hire a lawyer to defend ourselves. The area is very cramped and I don't see how tractor trailers can come in and out of there. I don't understand how he was given the permits for this project. It is a 7500 sq. ft. building on ½ acre and the zoning calls for 3 acres. I think that Old Bridge should obey their own laws.

President Baker: I am going to ask administration to reference the zoning and code enforcement and we will reply to you in writing within 30 days.

CERTIFICATES OF EXCELLENCE (Moved to March 14, 2005)

Excellent Detective work in the Schools
Detective Rich Tulko & Detective Glenn Smalley

Successful Investigation Work in the Schools
P.O. Robert Kurdzlowski

CERTIFICATES (Moved to March 14, 2005)

Special Olympics Speed Skaters

PRESENTATION

Congenital Heart Defect Awareness Proclamation

PROCLAMATION

Office of the Mayor

Whereas, The miracles of modern medicine offers hope to those affected by heart disease, yet there are also simple measures that Americans can take to help prevent the disease. During American Heart Month, I encourage all citizens to take action to help reduce their risk and increase awareness of heart disease; and

Whereas, the steps to a healthy hear include preventing and controlling factors that can lead to heart disease-smoking, high blood pressure, high blood cholesterol, physical inactivity, obesity, and diabetes. By avoiding tobacco, limiting consumption of alcohol, exercising regularly, eating a nutritious diet, and maintaining a healthy weight, citizens can substantially reduce their risk of developing cardiovascular disease; and

Whereas, I also urge citizens to get routine preventative screenings and consult with their doctors. Through these commonsense steps, we can save many of the lives we might otherwise lose each year to heart disease; and

Whereas, although heart disease is often associated with men, it is the leading cause of death for American women. Nearly 500,000 American women die from cardiovascular disease each year. The National Heart, Lung and Blood Institute, part of the National Institutes of Health at the Department of Health and Human Services and other national organizations, have launched a national campaign called “The Heart Truth” to educate women about heart disease and to encourage them to make their health a priority. The symbol of The Heart Truth” campaign is the red dress, which reminds women to talk with their doctors about heart disease and to make healthy choices. In addition, the American Heart Association has launched the “go Red for Women” campaign to reach out to more women across our country. By continuing to raise public awareness about this deadly disease, we can help all our citizens lead healthier lives.

NOW, THEREFORE, I , James T. Phillips, Mayor of the Township of Old Bridge, do hereby proclaim February 2005 and February 14, 2005 as Congenital Heart Defect Awareness Day.

American Heart Month.

IN WITHNESS, WHEREOF, I have hereunto set my hand this twenty-eighth day of February, in the year two thousand and five.

The above proclamation was read by Lawrence Redmond, on behalf of the Mayor.

ORDINANCES FOR SECOND READING

ORDINANCE NO. 03-2005

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 Calogera, 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 this matter to the public.

Brian Adams: I am a resident and I would like to know the description.

Tom Badcock: This is for a soccer complex in town encompassing four major fields, the irrigation system is an antiquated system that we are replacing with a modern system.

President Baker: There is a copy of the entire description on the back wall.

Mayor Phillips: In your area of town, there is a complex called Pension Road, this is also part of the process of doing irrigation and drainage for Higgins & Pension roads.

Brian Adams: The reason I asked because some time ago, on East Greystone Road we received notice that there was going to be various drainage projects and road repaving and I ended up having to fight with the engineering department to hold them to the letter of the law. They were trying to put pipe into my property over the right-of-ways and I would not allow them to do it.

Mayor Phillips: This has nothing to do with Greystone Road and I would like to say that Tom Badcock has written for a grant and that is why we are doing irrigation and also try to put lighting on Higgins Road. If that grant is done, we will try to complete it all this Summer both the irrigation and the lighting of the Ticetown Road Soccer fields.

President Baker seeing no other hands closed the portion.

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

Councilman Testino: I just want to assure Mr. Adams that this is bonding stage and at some point there will be specific plans that go out to bid, right now we are just authorizing the money.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 04-2005

AN ORDINANCE AMENDING SECTION 10-3.9 PARKING BY PERMIT ONLY IN DESIGNATED RESIDENTIAL AREAS

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

SECTION 1. PURPOSE:

The purpose of this Ordinance is to provide parking by Permit only in certain residential areas designated herein after, by supplementing Schedule XIII.

SECTION 2: ORDINANCE

Permit Parking in Designated Residential Areas Chapter X of the Code of the Township of Old Bridge is hereby amended by supplementing Schedule XIII (incorporated by reference in Section 10-3.9) with the following:

NAME OF STREET SIDE LOCATION

Oakland Road Both Valley Vale Drive to Trans Old Bridge Rd.

Nathan Drive Both Oakland Road to Falcon Court

Cardinal Court Both Entire Length

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 Butler, seconded by Councilman Calogera 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 this matter to the public. Seeing no hands he closed the public portion.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 05-2005

ORDINANCE VACATING PORTION OF HIGGINS ROAD

WHEREAS, the Township Engineer has evaluated a request for the vacation of an unimproved portion of Higgins Road; and

WHEREAS, this portion of Higgins Road, which is depicted on the Tax Map of the Township of Old Bridge, is no longer needed for public use as a public roadway.

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

SECTION 1: PURPOSE

The purpose of this Ordinance is to vacate an unimproved portion of the Higgins Road right of way which is no longer needed for public use by the Township of Old Bridge.

SECTION 2: ORDINANCE

The Township of Old Bridge hereby vacates a portion of Higgins Road as depicted on the Tax Map of the Township of Old Bridge and more fully described in the document entitled Exhibit A on file in the Office of the Township Clerk . The Township of Old Bridge expressly reserves all rights and privileges now possessed by public or private utilities to maintain, repair and replace their existing facilities in, adjacent to, over or under the roadway being vacated including but not limited to gas, water, cable, telephone, electric, sanitary sewers, and any appurtenances and rights of ingress and egress relating thereto.

The consequence of this vacation shall be that title to the parcel described in Exhibit A shall transfer to the property owners along that portion of the roadway to be vacated. The use of this additional land shall be limited to accessory uses appurtenant to the existing primary use of the property and shall not be credited for additional density in the event of a future subdivision.

Within sixty (60) days of the effective date of this Ordinance a certified copy of this Ordinance together with proof of publication and copies of all exhibits shall be filed with the Clerk of Middlesex County for recording.

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 NJSA40A: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 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 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 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.

President Baker 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:

Councilman Calogera: Discussion about bike paths on Higgins Road (inaudible on tape).

Administrator Jacobs: I have my report and did not have a chance to distribute it. It does provide for an easement.

FIRST READING ORDINANCE

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 06-2005

AN ORDINANCE TO AMEND THE LAND DEVELOPMENT ORDINANCE “ HOME BUSINESSES OR HOME PROFESSIONAL OFFICE SIGNS”

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Land Development Ordinance of the Township of Old Bridge, Article VII – Zoning to read as follows:

SECTION 1. PURPOSE

This Ordinance is intended to amend the Land Development Ordinance to limit signs for Home Businesses or Home Professional Offices to three (3) square feet, and requires that said sign be attached to the building

SECTION 2. AMENDMENTS TO ARTICLE VII – ZONING

A. Section 7-3G.2 Permitted Signs in Residential and Apartment Zones The following signs are authorized in conjunction with permitted and prior non-conforming residential and apartment uses:

a. Personal signs which are exempt from the requirements of obtaining a sign permitted under Article XI.

b. Signs for permitted home occupation, home business or home professional office, in accordance with Section 7-2.B.(2). q. (Home Business) and r. (Home Professional Office of this ordinance.

c. All multi-family conditions which meet the requirements herein below set forth.

B. Section 7-2B(2)q. Home Businesses
Subsection (10) is hereby amended to read as follows:
(10) There is no exterior evidence of the home business other than one (1) name plate sign identifying the home business, not exceeding three (3) square foot in area, attached to the building, and

C. Section 7-2B(2)q.(10)(a) is hereby renumbered to read as follows:
Section 7-2B(2)q.(11).

D. Section 7-2B(2)r. Home Professional Office
Subsection (10) is hereby amended to read as follows:
There is no exterior evidence of the home professional office other than one (1) nameplate sign identifying the home professional office, not exceeding three (3) square foot in area, attached to the building, and

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

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

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

NAYS: Councilmen Gillespie, Testino, Volkert.

CONSENT AGENDA

President Baker opened the consent agenda to the public. Seeing no hands President Baker closed the public portion.

BINGO/RAFFLE

RESOLUTION #86

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

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:

RA38-05 Feast of St. Lawrence RA39-05 St. Thomas the Apostle
RA40-05 St. Thomas Apostle RA41-05 OBHS PTA
RA42-05 St Bernadette's RA43-05 Jos. Catena PTO
RA44-05 Jos. Catena PTO RA45-05 Court Queenship
RA46-05 OBHS PTO

Moved by Councilman Volkert, 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

RESOLUTION AUTHORIZING OLD BRIDGE TOWNSHIP RACEWAY PARK TO HOLD FIREWORKS DISPLAY

RESOLUTION #87

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

WHEREAS, a request has been made by Old Bridge Township Raceway Park to hold a fireworks display on the following dates:

Saturday June 4, 2005
Saturday June 18, 2005 (tentative)
Saturday July 2, 2005
Wednesday July 13, 2005
Wednesday August 3, 2005
Saturday September 17, 2005

WHEREAS, the type of fireworks being used are 1.3G & 1.4G Pyrotechnics.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission for the fireworks display at Old Bridge Township Raceway Park is hereby approved, subject to all fire safety conditions being met and the proper permits being obtained from the fire official.

BE IT FURTHER RESOLVED that this approval is contingent upon Raceway Park providing proof of required insurance to the Township Clerk thirty (30) days prior to implementation of its fireworks program. If said proof of insurance is not so provided, this approval shall be null and void.

Moved by Councilman Volkert, 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.

RESOLUTION AUTHORIZING REIMBURSEMENT OF FEES FOR PLUMBING AND ELECTRICAL PERMITS

RESOLUTION #88

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

WHEREAS, the Township of Old Bridge provides for the reimbursement of permit fees to persons who are volunteers on the Township's First Aid Squads and Fire Companies; and

WHEREAS, Andrew Hochron is a member of the Cheesequake First Aid Squad; and

WHEREAS, Andrew Hochron expended the sum of $75.00 for plumbing and electrical permits; and

WHEREAS, Andrew Hochron, as a member of the Cheesequake First Aid Squad, is requesting that the fee be reimbursed to him.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the fees for plumbing and electrical permits paid by Andrew Hochron be reimbursed.

Moved by Councilman Volkert, 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.

RESOLUTION AUTHORIZING WAIVER OF FEES FOR PERMITS ISSUED TO VFW POST #9468

RESOLUTION #89

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

WHEREAS, VFW Post #9468 has requested that the Code Enforcement Department waive their fees for construction permits for the replacement of the furnace and CO at their building; and

WHEREAS, the VFW has completed all of the repairs and construction on the furnace; and

WHEREAS, the fees previously paid to the Code Enforcement Department total $195.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, Count of Middlesex, State of New Jersey, that the Code Enforcement fees in the amount of $195.00 to the VFW Post #9468 are hereby waived and $195.00 shall be returned to the VFW Post #9468.

Moved by Councilman Volkert, 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.

RESOLUTION APPROVING DESIGN AND PLANS FOR CONTRACT #2005-11

RESOLUTION #90

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

WHEREAS, the Township of Old Bridge proposes to undertake construction of a public improvement within the municipality referred to as Irrigation at Ticetown Road Park (Contract #2005-11); and

WHEREAS, the municipality has caused a plan or design for the aforementioned improvement to be prepared; and

WHEREAS, the governing body has reviewed the aforementioned plan or design and exercised its judgment and/or approved the judgments of others as represented by the plan.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that it hereby approves the plan entitled Irrigation at Ticetown Road Park dated January ,2005 and prepared by Gregory R. Valesi, PE, PP of CME Associated, for a certain public improvement generally described as Irrigation at Ticetown Road Park.

BE IT FURTHER RESOLVED that a certified copy of this resolution shall be placed in the permanent project file, together with one copy of the plan referred to above with a notation referring to the Resolution of approval placed thereon.

Moved by Councilman Volkert, 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

THE GOLF CENTER, INC. D/B/A FUNMANIA

RESOLUTION #91

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

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 2005, 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 Volkert, 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

AUTHORIZING CONTRACT TO MARK REMSA, P.P., PLANNING CONSULTANT FOR THE PLANNING BOARD

RESOLUTION #93

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

WHEREAS, the Township of Old Bridge requires the services of a professional planning firm for the purposes of providing consultant services to the Planning Board from January 1, 2005 to December 31, 2005; and

WHEREAS, Mark Remsa, P.P. a licensed New Jersey firm, was and is recognized as capable and available to undertake such work; and

WHEREAS, the Local Public Contracts Law (NJSA 40A:11.1, et. seq) requires that a Resolution authorizing the award of contracts for “Professional Services” without competitive bids must be publicly advertised.

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. Mark A. Remsa, PP, CLA, AICP, ASLA, with principal offices located at 10 Dewberry Court, Mount Laurel, New Jersey 08054 be and hereby is awarded a contract for assistance to the Planning Board, at an hourly rate of $140.00 for consulting services.

2. The services of Mark A. Remsa, PP will be paid from development escrow accounts and a certification of funds is not required.

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.

4. The contract is awarded without competitive bidding as a Professional Service under the provisions of the Local Public Contracts Law (NJSA 40A:11-5 (1)(a)(1) since the contract is for services performed by a person authorized by law to practice a recognized profession.

5. Notice of contract for Professional Services shall be published in the official newspaper of the Township.

6. The contract shall be kept on record and on file in the office of the Township Clerk for public inspection.

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 Volkert, 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

AUTHORIZING CONTRACT WITH CME ASSOCIATES FOR CONSULTING SERVICES FOR THE ZONING BOARD OF ADJUSTMENT

RESOLUTION #93

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

WHEREAS, the Township of Old Bridge requires the services of an Engineering Consultant for professional services to the Zoning Board of Adjustment; and

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

WHEREAS, the Township Council wishes to authorize a contract with CME Associates for purposes of providing the aforesaid professional engineering consulting services to the Township Zoning Board of Adjustment from escrow funds.

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 being funded by the escrow account.

2. The award of the contract is contingent upon the availability of funds from the escrow account and certification of funds is not required.

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.

5. Notice of contract for Professional Services shall be published in the official newspaper of the Township.

6. The contract shall be kept on record and on file in the office of the Township Clerk for public inspection.

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 Volkert, 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

AUTHORIZING CONTRACT TO MARK REMSA, P.P., PLANNING CONSULTANT FOR THE PLANNING BOARD

RESOLUTION #94

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

WHEREAS, Mark Remsa, P.P. a licensed New Jersey firm, was and is recognized as capable and available to undertake such work; and

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

2. The services of Mark A. Remsa, PP will be paid from development escrow accounts and a certification of funds is not required.

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.

5. Notice of contract for Professional Services shall be published in the official newspaper of the Township.

6. The contract shall be kept on record and on file in the office of the Township Clerk for public inspection.

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 Volkert, 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

AUTHORIZING PROFESSIONAL SERVICES CONTRACT WITH MC DONOUGH & REA ASSOCIATES AS TRAFFIC CONSULTANT FOR THE PLANNING BOARD

RESOLUTION #95 1/3

WHEREAS, the Township of Old Bridge requires the services of a traffic and transportation consulting firm for the purposes of professional assistance to the Planning Board in connection with a traffic consultation; and

WHEREAS, McDonough & Rea Associates, a licensed New Jersey Traffic and Transportation Consulting firm, located at 1431 Lakewood Road, Suite C, Manasquan, NJ 08736 is recognized as capable and available to undertake such work; and

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. Mc Donough & Rea Associates is hereby awarded a contract for professional services to assist the Planning Board.

2. The services of Mc Donough & Rea will be paid from development escrow accounts and a certification of funds is not required.

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.

4. The contract is awarded without competitive bidding as a Professional Service under the provisions of the Local Public Contracts Law (NJSA 40A:11-5 (1)(a)(1) since the contract is for services performed by a person authorized by law to practice a recognized profession.

5. Notice of contract for Professional Services shall be published in the official newspaper of the Township.

6. The contract shall be kept on record and on file in the office of the Township Clerk for public inspection.

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 Volkert, 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.

AUTHORIZING CONTRACT TO ENVIRONMENTAL RESOLUTIONS INC.

RESOLUTION #96

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

WHEREAS, the Township of Old Bridge Engineering Department requires assistance for the review of development applications submitted to the Planning Board during the year of 2005; and

WHEREAS, Environmental Resolutions, Inc, a licensed New Jersey firm located at 525 Fellowship Road, Suite 300, Mt. Laurel. NJ 08054-3415 was and is recognized as capable and available to undertake such work; and

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 firm of Environmental Resolutions, Inc. is a contract for professional services for assistance to the Township Engineering Department for Planning Board review.

2. The amount of the contract is contingent upon the funds being paid out of escrow, and certification of funds is not required.

4. The contract is awarded without competitive bidding as a Professional Service under the provisions of the Local Public Contracts Law (NJSA 40A:11-5 (1)(a)(I) since the contract is for services performed by a person authorized by law to practice a recognized profession.

5. Notice of contract for Professional Services shall be published in the official newspaper of the Township.

6. The contract shall be kept on record and on file in the office of the Township Clerk for public inspection.

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.

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

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

Moved by Councilman Volkert, seconded by Councilman 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.

AUTHORIZING CONTRACT WITH CME ASSOCIATES FOR CONSULTING SERVICES FOR THE PLANNING BOARD

RESOLUTION #97

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

WHEREAS, the Township of Old Bridge requires the services of an Engineering Consultant for professional services to the Planning Board.

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

WHEREAS, the Township Council wishes to authorize a contract with CME Associates for purposes of providing the aforesaid professional engineering consulting services to the Township Planning Board from escrow funds.

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 being funded by the escrow account.

5. Notice of contract for Professional Services shall be published in the official newspaper of the Township.

6. The contract shall be kept on record and on file in the office of the Township Clerk for public inspection.

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 Volkert, 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.

AUTHORIZING CONTRACT WITH KURTZ ENGINEERING, ENGINEERING INSPECTION CONSULTANTS FOR ENGINEERING INSPECTION SERVICES

RESOLUTION #98

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

WHEREAS, the Township of Old Bridge requires the services of an Engineering Consultant for professional services to the Engineering Department; and

WHEREAS, Kurtz Engineering is a licensed New Jersey engineering firm, located at 1903 Atlantic Avenue, Manasquan, NJ 08736 and is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with Kurtz Engineering for purposes of providing the aforesaid professional engineering consulting service to the Township of Old Bridge Engineering Department.

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 Kurtz Engineering for engineering consulting services to the Township Engineering Department.

2. The award of the contract is contingent upon the availability of funds from the inspection fee escrow account and certification of funds is not required.

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.

5. Notice of contract for Professional Services shall be published in the official newspaper of the Township.

6. The contract shall be kept on record and on file in the office of the Township Clerk for public inspection.

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 Volkert, 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.

AUTHORIZING CONTRACT WITH CME ASSOCIATES FOR ENGINEERING INSPECTION SERVICES

RESOLUTION #99

BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, the Township of Old Bridge requires the services of an Engineering Consultant for engineering inspection services to the Township Engineering Department; and

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

WHEREAS, the Township Council wishes to authorize a contract with CME Associates for purposes of providing the aforesaid professional engineering consulting services to the Township Engineering Department.

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 being funded by the escrow account.

5. Notice of contract for Professional Services shall be published in the official newspaper of the Township.

6. The contract shall be kept on record and on file in the office of the Township Clerk for public inspection.

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 Volkert, 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.

AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH JEFFREY LEHRER, ESQ. TO PROVIDE LEGAL REPRESENTATION OF THE PLANNING BOARD

RESOLUTION #100

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

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 contract for professional services is authorized to be entered into with Jeffrey Lehrer, Esq. in 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. The contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds #1309 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY2005/2006
CERT NO. 1309
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 conditioned upon the following:

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

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

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

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

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

Moved by Councilman Volkert, 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.

AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH JAMES HYLAND, ESQ. TO PROVIDE LEGAL REPRESENTATION OF THE TOWNSHIP ZONING BOARD OF ADJUSTMENT

RESOLUTION #101

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

WHEREAS, the Township of Old Bridge requires the services of an special counsel for the purpose of representation to the Township of Old Bridge Zoning Board of Adjustment; and

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

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

2. The scope of the work to be performed by Attorney James Hyland, Esq. shall be: Representation of the Old Bridge Township Zoning Board of Adjustment.

3. The contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds #1308 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY2005/2006
CERT NO. 1308
AMOUNT $22,500.00