OLD BRIDGE TOWNSHIP COUNCIL
REGULAR MEETING
March 28, 2005
A regular meeting of the Township Council of the Township of Old Bridge was held on March 28, 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, Maher, Volkert, Councilwoman Panos, President Baker. Councilmen Greene and Testino arrived late.
President Baker asked for a moment of silence for the troops serving in the Persian Gulf.
Proclamation
Bryant McCombs – Boys National Junior Class Indoor Record 400 Meter Run
Mayor Phillips presented the following proclamation to Mr. McCombs
WHEREAS, Bryant McCombs is a Junior at Old Bridge High School and a member of the Indoor Track and Field Team; and
WHEREAS, His accomplishments of the 2005 Indoor Track and Field season include:
200 Meter Champion at the Hispanic Games
400 Meter Champion at the Greater Middlesex Conference
State Group IV 400 Meter Champion
State Group IV 200 Meter Champion
New Jersey State Champion 200 Meter
News Tribune Track Athlete of the Year
Star Ledger's New Jersey Track Athlete of the Year
Member of the All Star Track Team
WHEREAS, Bryant also holds the Middlesex County record for the 200 and 400 meter runs; and
WHEREAS, On March 14th Bryant set a national record for juniors by running a time of 47.37 to win the 400 meter title at the National Scholastic Championships held at the 168th Armory in New York City. Bryant also broke the record of 47.59 held by William Reed of Philadelphia in 1987.
WHEREAS, Bryant finished with the fastest time in the United States this season in the 400 and also broke the Junior Class National Record for 400 meters --- no junior in high school has ever run as fast for 400 meters; and
WHEREAS, Bryant received the All-American status for winning the National Championship.
NOW, THEREFORE, I, James T. Phillips, Mayor of Old Bridge, Middlesex County, New Jersey, together with the Township Council do hereby call upon all citizens to publicly recognize and congratulate Bryant McCombs for his outstanding accomplishments and achievements during the 2005 Indoor Track and Field Season.
Certificates
Old Bridge Junior Knights Travel Basketball Team
Coach Youseff : Thank you to the Mayor and Township Council for this recognition. It has been an extreme pleasure to coach each and every one of you.
Mayor Phillips presented Certificates of Excellence to the following players:
Matthew Callari, Julian Daley, Jared De Brizzi, Zachary Zimmerlink, Alejandro Diaz, Brian Knoth, Jeremy Garcia, Aaron Hart , Jordin Henry, Yousef Elhusseini
Proclamation
Cable Access Channel Volunteers
Mayor Phillip presented the following Proclamation to the volunteers.
Whereas, Cable television came to Old Bridge Township in the early 1980's; and
Whereas, Old Bridge Township had the foresight to secure not only one, but two municipal access channels; one for the Old Bridge Board of Education and one for municipal government; and
Whereas, Over the years they have been broadcasting civic, fraternal and charitable organization programs; and
Whereas, the municipal access channel provides an opportunity for residents of Old Bridge Township to see township business and entertainment programs; and
Whereas, In 1994, the municipal access channel started televising the Township Council meetings live and unedited; and
Whereas, Old Bridge is one of the first municipalities to televise such programming; and
Whereas, The municipal access channel is a charter/founding member of the Jersey Access Group (JAG), a consortium of public, educational, and government television stations, which shares information and programs of interest throughout the State of New Jersey; and
Whereas, The municipal access channel is managed by Gene McLaughlin, who has been volunteering his services for seventeen year, along with Joe Noll, Harry Pantos, Jim Galante, and Sharon Colucci, who put in an extraordinary amount of time and dedication to the station.
Now, Therefore, I, James T. Phillips, Mayor, hereby commend and recognize Gene McLaughlin, Joe Noll, Harry Pantos, Jim Galante, and Sharon Colucci for all their efforts and dedication for the benefit of the residents of Old Bridge Township.
Mr. Gene McLaughlin: I would like to thank the Mayor and Council for this proclamation on behalf of myself and the other volunteers. I would particularly like to thank Councilman Testino for his very kind words at the last meeting. I have always tried to keep the channel fair and away from partisan politics. I would like to thank Mr. Azzarello as he was the founding Mayor of this channel in 1985 and twenty years later the channel is still going strong. I would like to thank Harry, Joe, Jim and Sharon, they have worked hard and put in a lot of long hours.
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 #132-05
WHEREAS, the following minutes are hereby approved
February 7, 2005 – Combined Meeting
Moved by Councilman Butler, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSTAIN: Councilman Calogera.
Bill List
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #133-05
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 March 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 March 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 $2,755,917.16 (General Fund)
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
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #134-04
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 March 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 March 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 $778,196.01(Payroll)
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.
Bill List
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #135-05
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 March 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 March 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 $49,778.63(Overtime)
Moved by Councilman Butler, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, Volkert, President Baker.
NAYS: Councilmen Calogera, Maher, Councilwoman Panos.
Attorney Report
Attorney Convery: There will be an Executive Session tonight with Thomas Norman, Esq. on the Brunetti vs. Old Bridge Planning Board Litigation.
Preliminary Public Comments
Mrs. Linda Seiler: Believes that they're more volunteers at the Old Bridge cable station and would like to see more meetings in the Township televised.
Mr. Rao: Urges the Council member to not vote in favor of the School Board budget.
Mr. Tom Weiler: Is in favor of the residential parking that is being proposed for Ridge and Robin Road and Southwood Drive in order to combat the parking from patrons of the Breakfast Club. This weekend that a car alarm that went off for ten minutes and my wife called the police and they did not respond for 40 minutes. I am concerned that the parking restrictions will not be enforced. I spoke to Chief Collow about this before the meeting and he will let me know why the response time took 40 minutes. The rules of the Breakfast Club do not seem to be enforced because they clearly have more than the 200 person occupancy limit.
President Baker: The administration will respond to you in writing.
Presentation
Golf Course Update
Councilman Testino: The golf committee continues to work with the administration and professionals. The Township is putting up the land for the golf course and soliciting developers to build at their own expense a quality golf course. Notices were sent out and we received responses from twelve interested parties. We are now going to send out formal requests, which should weed out the developers that are not serious. We are modeling this process after the YMCA that will be located in Old Bridge.
Mr. Tom Badcock: We sent out a Request for Qualification (RFQ) and received a number of quality candidates that we will ask to submit a Request for Proposal (RFP). The RFP should be going out this week and will include our topographical map and LOI. Our consultant Jim McLaughlin of the McLaughlin Group has given us a very detailed twenty six page RFP package, which includes everything from the companies finance and where they are getting the money, if they have partners and whether or not they will include a banquet hall. They will provide their experience, if they have built a golf course before, we will be provided with a routing plan. The response will be a very detailed proposal. The proposal will include how much they plan to spend to build the course, how much to run the course and include the fees for tee times for residents and non-residents. The deadline for submission of proposals will be July 15, 2005 and then we will compile all the information and ask them to come in and give a presentation to the golf committee. After that the golf committee will make a recommendation to the council and the redevelopment agency for them to negotiate a final lease agreement and denote a redeveloper for the project.
Councilman Testino: I would like you to explain what the golf committee envisions the course to look like.
Mr. Badcock: One of the things that we are going to look for in a golf course architect will be someone who can work with the land. We know that we have a great piece of property and is in a great demographic area. We know that the financial feasibility studies have proven this. We know that some these developers have been looking for land in this area for some time and this is one way that they can do this; by partnering with us, we are supplying the land and the one way that we can do this, by partnering with them because they will build the course without investing millions of dollars in development. The course the we envision is approximately 6,800 yards with five different tee boxes. We want a junior golf program and allowing high school team to be able to use this. We would like “First Tee Golf” which is a great program for kids. We would like a driving range and a professional to give lessons. We are also looking into the possibility of having a nice public restaurant overlooking the golf course. We are looking at a number of possibilities and the final product will be a top quality public golf course with three sets of green fees – 1. Old Bridge residents at the lowest rates and 2. New Jersey residents and 3. Non-New Jersey residents and the highest rate. We will also look at receiving a percentage of the gross profits and have the ability to audit their books, they will have to provide the Township with monthly reports on revenues from all different sources.
Councilman Testino: I would like to also mention that this will also be published in the newspaper, along with being sent to the people who already responded. We have the counsel reviewing this to make sure that we are in full compliance with the open public bidding law.
Mr. Badcock: This RFP will weed out the pretenders and who ever gets this will have to be in this for the long haul. They will have to put up a performance bond and follow all the requirements so that we are protected as a township. Mr. Convery has reviewed this and made comments and they have been included in the RFP.
Councilman Greene: Are you expecting a response from someone to cover all the phases of the project, such as the architect, consultant and construction? If so, what is the function of the Redevelopment Agency?
Mr. Badcock: We are not looking to piecemeal this project; we are looking for developers who may have already done a golf course, a few of the respondents are giant real estate developers, who have on their staff, qualified golf architects.
Councilman Greene: What role does the Redevelopment Agency have in the final resolution on this golf course?
Councilman Testino: The role would be a mirror of what is going on with the YMCA, which I believe was a success. We would like to get a preferred partner out of a public process so that we could then turn it over to the Redevelopment Agency for negotiations.
Councilman Greene: That is hogwash, everything that has been done with the YMCA has been done through the committee and the recreation advisory board and the council. I do not remember the Redevelopment Agency doing anything in regards to the YMCA.
Mr. Badcock: The Redevelopment Agency will play a role in this because the golf committee will make recommendations based on the responses from the RFP to the Agency to negotiate a lease agreement, just like the agreement with the YMCA. I think with building a golf course, it is dangerous to be stuck with the low bidder, I have seen this happen in other counties. We will be able to pick who the most viable candidate is to negotiate the terms with.
Councilman Greene: You have answered my question. The Redevelopment Agency will negotiate with the people who have responded to make sure that we get the best proposal. Thank you.
Mr. Badcock: They are not all golf experts and I am sure that they will ask for help from the golf committee and their experts.
Councilman Greene: I think that is a valid reason for having the Redevelopment Agency. I thought that someone said earlier that they would select the developer. What is really going to happen is they will choose from the corporations that have responded to the RFP.
Mr. Badcock: Our professional staff and Mr. McLaughlin will try and help the Redevelopment Agency to make a recommendation and have input on the final draft of the lease, just like the YMCA.
Councilman Greene: The YMCA was different because we actually hired a consultant to determine the location of the site and it was the council that focused on which YMCA would be the best for the township; it wasn't the Redevelopment Agency.
Mr. Badcock: There was a limited number of people that could be your developer.
Councilman Greene: I just didn't understand the role of the Redevelopment Agency and now I do.
Councilman Testino: The golf committee along with the professionals are going to recommend to the council and the Redevelopment Agency. If either the council or the agency doesn't want that developer they will be able to say so.
Councilman Calogera: I thought that the council would have the ultimate decision on the developer since it is the residents that own the property, not the Redevelopment Agency.
Mr. Badcock: I understand that the decision will be the council first and then the Redevelopment Agency. I understand that the golf committee will make the recommendation who we think is the best candidate.
Councilman Calogera: When we created the Redevelopment Agency, I thought that the council had the final approval on projects. Is that correct?
Attorney Convery: My recollection is that there were certain issues that the council has final say on, such as bonding. I will have to review the ordinance in order to see what lies solely with the council. When the council started the golf committee, there was no Redevelopment Agency, just like the YMCA. The Redevelopment Agency is now attempting to finalize the contract.
Councilman Calogera: During the Crossroad discussions we were told that the council would have the ultimate say on what gets built there and we would pick the developer. I want to know who is responsible for putting the stamp on what gets done.
President Baker: Mr. Convery will get back to you at the next meeting.
Councilman Calogera: Does the RFP request a banquet facility?
Mr. Badcock: We are certainly going to entertain that.
Councilman Calogera: Are there any parameters on the square footage?
Mr. Badcock: We haven't set a minimum but we have asked for a detailed plan for the banquet hall and clubhouse.
HEARING
Release/Reduction Performance Guarantee Bayshore Fitness Center
Attorney Convery: There is no representation here from Bayshore Fitness Center.
Mr. Greg Valesi of CME Associates, for the Township of Old Bridge: Representative of Bayshore Fitness was provided a copy of our report and we will be meeting with them later in the week to go over the punch list items.
Attorney Convery: I understand that you are recommending a denial for a release of the performance bond. You are recommending a reduction in the amount of the performance bond to an amount not less than $66,003.50 and a reduction in the cash amount to not less than $7,333.72.
Mr. Valesi: The basis for the reduction is because a substantial portion of the improvements have been completed. However, there are a number of defective items that range from landscaping to pavement repair. We believe that to reduce the performance guarantee to the amount we recommended would be more than an ample amount for these improvements. We are recommending a reduction at this time.
Councilman Calogera: My paperwork says that you are requesting a denial of the release.
Mr. Valesi: We are recommending a reduction. The request was for a release, which we are denying but we are recommending a reduction.
President Baker opened the public portion. Seeing no hands President Baker closed the public portion.
MOTION
To reduce the performance bond of Bayshore Fitness Center to an amount not less than $66,003.50 and reduce the cash surety to an amount not less than $7,333.72 by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: Councilman Greene.
Ordinance for Second Reading
ORDINANCE NO. 07-2005
AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AMENDING CHAPTER IV GENERAL POLICE REGULATIONS TO PROVIDE HALLOWEEN CURFEW FOR MINORS
Section 1. Purpose
The purpose of this Ordinance is to create a Halloween curfew for minors.
Section 2. Amendment to Chapter IV - General Police Regulations
Chapter IV - General Police Regulations is hereby amended to add:
Subsection 4-19 Halloween Curfew for Minors shall be added as follows:
"No person under the age of eighteen (18) years shall be on any public street, sidewalk or other public area during the following dates and hours: October 29 - 10:00 p.m. to October 30 - 6:00 a.m.; October 30 - 10:00 p.m. to October 31 - 6:00 a.m.; and October 31 - 10:00 p.m. to November 1 - 6:00 a.m."
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 affixed 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 N.J.S.A. 40:69A-41 applicable when the Mayor has failed to return the ordinance, whichever is first.
B. If the Mayor vetoes the ordinance (in the manner set forth at N.J.S.A. 40:69A-41), this ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.
Moved by Councilman Greene, 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 the public portion. Seeing no hands President Baker closed the public portion.
Ordinance for First Reading
TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 08-2005
ORDINANCE TO AMEND THE LAND DEVELOPMENT ORDINANCE “ARTICLE VII, APPLICATION OF YARD REGULATIONS”
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 of the Old Bridge Township Land Development Ordinance to read as follows:
SECTION 1: PURPOSE
The purpose of this Ordinance amendment is to permit above ground and below ground pools on single family residential lots to encroach into the minimum required rear yard or side yard accessory structure area, provided that a minimum distance of six (6) feet is provided between the pool wall and the affected property line.
SECTION 2: AMENDMENT TO ARTICLE VII – ZONING OF THE OLD BRIDGE TOWNSHIP LAND DEVELOPMENT ORDINANCE
The following section shall be amended and added to Article VII – Zoning of the Old Bridge Township Land Development Ordinance as follows:
Article 7-3D Application of Yard Regulations
The following provision is hereby established:
Article 7-D3.6 Above ground and below ground pools on single family residential lots are specifically permitted to encroach into the minimum required rear yard or side yard accessory structure setback area, provided that a minimum distance of six (6) feet is provided between the pool wall and the affected property line.
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 Greene, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT PODIUM: Councilman Maher.
Ordinance to Amend the Land Development Ordinance Article IV – Subsection 4 6F “Digitized Copy Requirement of Final Approved Plans”
Attorney Convery: The Township Planner has requested a minor change to this ordinance. There would be an exception for minor plans, which are hand drawn. I agree with him and I think that it would be foolish to introduce this and publish it and then have to amend it. I would recommend tabling this until next meeting.
MOTION
to table by Councilman Testino, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT PODIUM: Councilman Maher.
Ordinance for First Reading
TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE NO. 9-2005
BOND ORDINANCE AUTHORIZING THE COMPLETION OF VARIOUS CAPITAL IMPROVEMENTS AND ACQUISITION OF EQUIPMENT IN AND FOR THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $3,741,000 THEREFORE; 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 $3,335,000; 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 $3,741,000;
(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $3,335,000;
(c) a down payment in the amount of $180,000 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; and
Section 3. The sum of $3,335,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $180,000, which amount represents the required down payment and a New Jersey Department of Transportation Grant in the amount of $226,000, 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 $3,335,000 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 $3,335,000 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 $700,000.
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
Grants Amount of Obligations Period of
Usefulness
Acquisition of Networking Technology, Geographic Information System, Document Managing System and Computer Software Licenses, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto $303,000 $14,580 0 $288,420 5 years
Renovations and Improvements to various Township Buildings, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto, all as more particularly described in records on file in the office of the Clerk 536,000 25,790 0 510,210 10 years
Road and Drainage Improvements in the Township, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto, all as more particularly described in the records on file in the office of the Clerk 2,902,000 139,630 226,000 2,536,370 10 years
Section 8. 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 respective amounts of bonds or bond anticipation notes authorized for said several purposes, is not less than 9.56 years.
Section 9. 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 $3,335,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.
Section 10. 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 11. The applicable Capital Budget of the Township 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 12. 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 13. 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 authorized by the Bond Ordinance 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 14. 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 15. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 16. 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 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.
Prior to the vote the following discussion took place.
Councilman Greene: There was a recommendation to increase the drainage by $250,000.00. I would like to make sure that is in there.
President Baker: Yes, it is in there.
Ordinance for First Reading
TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE 10-2005
BOND ORDINANCE AUTHORIZING THE REPLACEMENT OF THE ROOF OF THE ICE ARENA IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $262,500 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 $250,000; 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 $262,500;
(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $250,000;
(c) a down payment in the amount of $12,500 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; and
Section 3. The sum of $250,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $12,500, 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 $275,500 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 $250,000 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 $50,000.
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 Replacement of the Roof of the Township Ice Arena, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 262,500 12,500 250,000 15 years
Section 8. Grants or any other funds received from any governmental or private entity will be applied to the payment of, or repayment of obligations issued to finance, the costs of improvements described in Section 7 above.
Section 9. The period of useful life of the purpose for the financing of which this Bond Ordinance authorizes the issuance of bonds or bond anticipation notes, 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 $275,500 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 of the Township 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 1.0-2(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 authorized by the Bond Ordinance 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 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 Testino and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT PODIUM: Councilman Maher.
Ordinance for First Reading
TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 11-2005
ORDINANCE AMENDING SECTION 10-8.9 RESIDENTIAL PERMIT PARKING
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.
SECTION 2: ORDINANCE
Residential Permit Parking, Section 10-8.9 of Chapter X of the Code of the Township of Old Bridge is hereby amended by adding:
| NAME OF STREET |
SIDE |
LOCATION |
HOURS/DAYS |
| Oakland Road to Trans Old Bridge Rd. |
Both |
Valley Vale Drive |
6:00 A.M. to Monday - 7:00 P.M. Friday |
| Nathan Drive to Falcon Court |
Both |
Oakland Road |
6:00 A.M. to Monday - 7:00 P.M. Friday |
| Cardinal Court |
Both |
Entire Length |
6:00 A.M. to Monday - 7:00 P.M. Friday |
| Ridge Road |
Both |
Entire Length |
9:00 P.M. to Friday 12:00 A.M.
12:00A.M. to Saturday 5:00 A.M.
9:00P.M. to Saturday 12:00 A.M.
12:00A.M. to Sunday 5:00 A.M. |
| Robin Lane |
Both |
Entire Length |
9:00 P.M. to Friday 12:00 A.M.
12:00 A.M. to Saturday 5:00 A.M.
9:00 P.M. to Saturday 12:00 A.M.
12:00 A.M. to Sunday 5:00 A.M. |
| Southwood Drive to Matawan-Old Bridge Rd. (CR 516) |
Both |
From Ridge Rd. |
9:00 P.M. to Friday 12:00 A.M.
12:00 A.M. to Saturday 5:00 A.M.
9:00 P.M. to Saturday 12:00 A.M.
12:00 A.M. to Sunday 5:00 A.M. |
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 4. 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 Councilwoman Panos, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT PODIUM: Councilman Maher.
Consent Agenda
President Baker opened the public portion on the Consent Agenda.
Ms. Seiler: (On Resolution 143-05): Who is recommending that CME Associates perform this work?
Attorney Convery: Mr. Criscuolo obtained quotes for this work and he is recommending CME Associates. I will let you see the paperwork with the other responses.
Ms. Seiler: Do we always solicit the same vendors?
Attorney Convery: With professional services contracts it is preferable to deal with people that you have experience and confidence in.
Ms. Seiler: I would like to see the business spread around to other vendors.
Ms. Seiler: (On Resolution #149-05) Last year $10,000.00 was given to CME for Yardley Manor. What is this for?
Business Administrator Jacobs: The council voted for CME Associates to perform an inspection on the infrastructure at Yardley Manor in October of last year and this has been done. The next step is to do the bid specs and go out to bid for the improvements. These are township roads now and the improvements have to be done. There is a maintenance bond and we may recoup some of the money.
Ms. Seiler: Is there anyone on staff that can do this work?
Mr. Jacobs: There are people on staff that can do this but because of the work load, we have to make choices on the work done in house and what to go outside for. We choose to have CME inspect this project and it seems only natural that they would finish this up.
CHAPTER 159 LOCAL MATCH FOR INFORMATION AND ASSISTANCE GRANT
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #136-05
WHEREAS, N.J.S.A.40A:4-85 provides that the Director of the Division of Local Government Services may at the request of, or with the consent of, the governing body of any county or municipality make such correction of the title, text or amount of any appropriation appearing in the budgets as my be necessary to make said item of appropriation available for the needs of any such county or municipality; and
NOW, THEREFORE, BE IT RESOLVED that in accordance with the provisions of N.J.S.A. 40A:4-85, the Township of Old Bridge hereby requests the Director of the Division of Local Finance to make the following correction in the budget year of 2005:
From: Matching Funds for Grants at $10,000.00 To: Matching Funds for Grants at $6,775.00 Local Match for Information and Assistant Grant in the amount of $3,225.00
BE IT FURTHER RESOLVED that the foregoing correction is, in the opinion of the governing body, warranted and authorized by the statute above referred to, and is necessary for the orderly operation of the Township of Old Bridge, County Middlesex for the reasons hereinafter set forth: Award of $7,000.00 grant for Information and Assistance requires a local match of $4,875.00
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.
CANCELLATION OF APPROPRIATION BALANCE
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #137-05
WHEREAS, Information and Assistance Grant has a remaining outstanding balance; and
WHEREAS, it is necessary to formally cancel the outstanding appropriation balance listed below:
Receivable $306.00
Appropriation $306.00
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 receivable balance in the amount of $306.00 and appropriation balance in the amount of $306.00 be canceled.
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.
GRANTING PERMISSION TO CARTERS CHILDREN'S OUTLET FOR A TENT SALE ON APRIL 13-17, 2005
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #138-05
WHEREAS, a request has been made by Carter's Children's Wear to hold a tent sale between April 13, 2005 and April 17, 2005;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission to hold said Tent Sale is hereby approved subject to the following:
1. Submission of the following:
a. depict type of tent, location and size.
2. Submission of fire rate certificates for tents.
3. Original certificate of liability insurance in the amount of $1,000,000.00 naming the Township as certificate holder.
4. No fire permit is necessary pending compliance with letter from Fire Marshal dated March 14, 2005 and on file with the Township Clerk.
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.
AUTHORIZING ACCEPTANCE AND APPROVAL OF FINAL PLANS AND SPECIFICATIONS FOR ROUTE 516 AND OWENS ROAD
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #139-05
WHEREAS, the Township of Old Bridge has entered into an agreement with the County of Middlesex to accept and approve the final construction plans and specifications for Route 516 and Owens Road Intersection Improvement Project; and
WHEREAS, the acting Township Engineer has reviewed these plans and recommended that the Township Council accept and approve the final construction plans and specifications for this project; and
WHEREAS, pursuant to the County/Township Agreement the Township of Old Bridge will share one-third of the total cost; and
WHEREAS, the total cost to the Township of Old Bridge will be $240,251.55.
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey is authorized to accept and approve the final plans and specifications for improvements to the intersection of Route 516 and Owens Road subject to the following conditions:
1. Confirmation from the Finance Department that the funding for this project is available.
2. The land and easements required for this project have been obtained.
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.
ADOPTING A RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION PLAN AS PART OF THE CDBG PROGRAM
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #140-05
WHEREAS, pursuant to activities assisted with the Township Community Development Block Grant (CDBG) funds provided under the Housing and Community Development Act of 1974, the Township must adopt a Residential Anti-Displacement and Relocation Assistance Plan; and
WHEREAS, the Township of Old Bridge will provide relocation assistance to each low and moderate income family displaced by the demolition of housing or by the conversion of a low and moderate income dwelling to another use as a direct result of assisted activities; and
WHEREAS, all replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that a Residential Anti-Displacement and Relocation Assistance Plan is hereby adopted and will be made a part of the Township of Old Bridge CDBG Five Year Plan.
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.
AUTHORIZING THE PURCHASE OF VEHICLES FROM WARNOCK MOTOR SALES
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #141-05
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 Warnock Motor Sales located at 176 Route 10, East Hanover, NJ 07936 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 of Old Bridge desires to purchase three (3) 2005 Chevrolet Blazers for Code Enforcement;
WHEREAS, the Township Council of the Township of Old Bridge wish to authorize the Purchasing Department to purchase those services from an approved New Jersey State Contract Vendor No. A53131 not to exceed $55,500.00;
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 Warnock Motor Sales State Contract Vendor 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, Warnock Motor Sales.
BE IT FURTHER 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 award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1320 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. 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.
RESOLUTION AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH JOSEPH BENEDICT, ESQ. IN REGARD TO REPRESENTATION OF CHIEF THOMAS COLLOW, P.O. KURT PEINS, P.O. PAUL MOSER, P.O. BRIAN SMALLEY, SGT. DAROCI, P.O. ERICKSEN AND KATHERINE TEVIS, COURT ADMINISTRATOR
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #142-05
WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of representation in regard to complaints filed by Rory Moore against Chief Thomas Collow, Police Officer Kurt Peins, Police Officer Paul Moser, Police Officer Brian Smalley, Sgt. Daroci, Police Officer Ericksen and Katherine Tevis, Court Administrator; and
WHEREAS, Joseph Benedict located at 247 Livingston Avenue, New Brunswick NJ 08901, a licensed New Jersey attorney, is recognized as capable and available to undertake such work.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge as follows:
1. The contract for professional services is authorized to be entered into with Joseph Benedict, Esq. in the usual form.
2. The scope of the work to be performed by Joseph Benedict, Esq. shall be representation of Chief Thomas Collow, Police Officers Kurt Peins, Police Officer Paul Moser, Police Officer Brian Smalley, Sgt. Daroci, Police Officer Ericksen and Katherine Tevis, Court Administrator with regard to a probable cause hearing.
3. This contract is awarded for a term not exceeding the current budget year. A Certification of Availability of Funds No. 1317 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 ___FY 2005-2006____
Cert. No. ___1317____________
Amount ___$2,500.00_ ______
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 years, 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 a contract for professional services in accordance with New Jersey Public Contracts Law. The Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: legal representation of Chief Thomas Collow, Police Officers Kurt Peins, Police Officer Paul Moser, Police Officer Brian Smalley, Sgt. Daroci Police Officer Ericksen and Katherine Tevis, Court Administrator.
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 the 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 AA320 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.
THIS RESOLUTION SUPERCEDES AND FULLY REPLACES RESOLUTION NO. 123-05 ADOPTED MARCH 14, 2005.
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.
AUTHORIZING PROFESSIONAL SERVICES CONTRACT WITH CME ASSOCIATES FOR ENVIRONMENTAL SERVICES RELATED TO THE CONDITIONS AT THE PINKIEWICZ PROPERTY
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #143-05
WHEREAS, the Township of Old Bridge requires the services of a professional engineering firm to provide environmental services related to the conditions at the Pinkiewicz property; 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 authorize a contract with CME Associates for purposes of providing the aforesaid professional engineering service.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows:
1. A contract for professional services is authorized to be entered into with CME Associates located at 3141 Bordentown Avenue, Parlin, NJ 08859 in the amount not to exceed $6,395.00.
2. The award of the contract is contingent upon the availability of funds from the Open Space Trust Fund and Certification of Availability of Funds #1322 certifying the existence of a sufficient appropriation to fund the said contract.
3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.
This Resolution is conditioned upon the following:
A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
B. Issuance of a Certificate if 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 the 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.
Councilwoman Panos: Would it be cheaper if we just hired CME for six months instead of being billed hourly for separate projects?
Mr. Jacobs: Most of these contracts that you have seen with CME are being paid out of Escrow; the developer is paying the costs. There was a resolution passed for $10,000.00 in October for miscellaneous services, which is covering the impact of Mr. Vincenti not being here. This resolution is for land that the township wishes to purchase and we don't have this expertise in-house. The township has always used consultants, we do not want to hire staff for these services because there is not that much of it and they will just sit around most of the time doing nothing. It is not just CME, there are a number of consultants that we've hired.
Councilwoman Panos: Since Mr. Vincenti has been gone, has it only cost the township $10,000.00 plus this $11,000.00?
Mr. Jacobs: From taxpayer's dollars; yes. From developer's escrows, some is going to consultants because we are down an inspector and a licensed engineer.
Councilwoman Panos: It seems that the consultants are paid a lot of money.
Mr. Jacobs: It is an hourly rate. They would charge us an hourly rate for six months if we hired them. I think this is the best way, we only use them if they need them.
Attorney Convery: This property is unique and I don't think that this would normally be done in house. This is similar to the Nike site.
Councilman Gillespie: There was a report requested on the amount that CME has been paid so far and that report demonstrated that in 2003 they were paid substantially more than they were in 2004 and more than we anticipate in 2005. Would you say that is correct?
Mr. Jacobs: CME was paid more in 2003 than 2004 and to date in 2005. Given our staff shortage, I don't know about the escrow.
Councilman Gillespie: We cannot use the escrow accounts to subsidize our employees, the escrow accounts are not part of the general revenue.
EMERGENCY APPROPRIATION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #144-05
WHEREAS, an emergency has arisen with respect to Snow Removal and no adequate provision was made in the SFY 2005 Budget for the aforesaid purpose, and N.J.S.A 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned; and
WHEREAS, the total amount of emergency appropriation created including the appropriation to be created by this resolution is $315,000.00.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that in accordance with N.J.S.A. 40A:4-48, and emergency appropriation be and the same is hereby made for Snow Removal Salaries and Wages in the aggregate amount of $15,000.00 and Snow Removal Other Expenses in the aggregate amount of $100,000.00 and that said emergency appropriation shall be provided in full in the SFY 2006 Budget.
BE IT FURTHER RESOLVED that three certified copies of this Resolution will be filed with the Director of Local Government Services.
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 Butler: I would like to recognize Mr. Donatelli and his staff for the amount of work and the superior job they do on the snow removal.
GRANTING PERMISSION TO OLD BRIDGE MUNICIPAL UTILITIES AUTHORITY TO SUBMIT APPLICATION AND OBTAIN REQUIRED TIDELANDS AND CONVEYANCES AND PERMITS
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #145-05
WHEREAS, Old Bridge Municipal Utilities Authority is planning on replacing a section of Laurence Harbor Interceptor, located on Township owned property designated as Block 1, Lots 54.11 and 54.12; and
WHEREAS, the following permits are required: Tidelands License from the New Jersey Department of Environmental Protection Bureau of Tidelands Management; Freshwater Wetlands General Permit, CAFRA Permit and Coastal Wetlands Permit from the New Jersey Department of Environmental Protection Bureau of Land Use; Treatment Works Approval from the New Jersey Department of Environmental Protection Division of Water Quality and Soil Erosion and Sediment Control Plan Certification from the Freehold Soil Conservation District; and
WHEREAS, Old Bridge Municipal Utilities Authority is not the owner of the above mentioned property and written permission of the Township of Old Bridge as the property owner is required to make the subject applications.
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey grants permission for the Old Bridge Municipal Utilities Authority to submit the subject application and obtain required tidelands conveyance and permits.
Moved by Councilman Butler, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSTAIN: Councilmen Gillespie, Testino.
AUTHORIZING AMENDMENT OF CONTRACT INCREASING THE NEW JERSEY GREEN ACRES GRANT AMOUNT FOR CEDAR RIDGE II TRACT ACQUISITION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #146-05
WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program (“State”) provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and
WHEREAS, the Township of Old Bridge wishes to increase the grant from the New Jersey Department of Environmental Program, Green Acres Program from $5,300,000.00 to $6,100,000.00 to fund the following project: Cedar Ridge II Tract Acquisition.
NOW, THEREFORE, the governing body/board resolves that Mayor James T. Phillips & W. Thomas Badcock or the successor to the office of Mayor/Director Parks, Recreation and Social Services is hereby authorized to:
(a) Make application for such loan and/or grant.
(b) Provide additional application information and furnish such documents as may be required.
(c) Act as the authorized correspondent of the above named applicant; and
WHEREAS, the State shall determine if the application is complete and in conformance with the scope and intent of the Green Acres Program and notify the applicant of the amount of the funding award; and
WHEREAS, the applicant is willing to use the State's funds in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the State for the above named project;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that
1. The Mayor and Director of Parks, Recreation & Social Services of the above named body or board is hereby authorized to execute an agreement and any amendment thereto with the State known as Cedar Ridge II Acquisition; and
2. That the applicant has its matching share of the project, if a match is required, in the amount of $2,477,296.00; and
3. That in the event the State's funds are less then the total project cost specified above, the applicant has the balance of funding necessary to complete the project; and
4. The applicant agrees to comply with all applicable federal, state and local laws, rules and regulations in its performance of the project.
5. That this resolution shall take effect immediately.
Moved by Councilman Butler, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, President Baker.
NAYS: None.
ABSTAIN: Councilmen Gillespie.
ABSENT PODIUM: Councilwoman Panos.
REQUESTING APPROVAL OF MID-BLOCK BUS STOP – ROUTE 9 NORTH AND FERRY ROAD
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #147-05
WHEREAS, the Township of Old Bridge has requested from New Jersey Transit a Mid-Block Bus Stop along Route 9 North and Ferry Road; and
WHEREAS, New Jersey Transit contacted the State of New Jersey Department of Transportation to investigate the feasibility of establishing this Mid-Block Bus Stop; and
WHEREAS, the Department of Transportation based upon a field investigation has determined that a Mid-Block Bus Stop near Route 9 north and Ferry Road is warranted and can be recommended for approval; and
WHEREAS, the Department of Transportation has advised that a Resolution need be adopted in regard to same.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that a Mid-Block Bus Stop be established on Route 9 North and Ferry Road along the northbound and extending to a point 165 feet northerly therefrom.
Moved by Councilman Butler, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, President Baker.
NAYS: None.
ABSTAIN: Councilman Gillespie.
ABSENT PODIUM: Councilwoman Panos.
RESOLUTION APPROVING THE OLD BRIDGE CAPTAINS ASSOCIATION AGREEMENT EFFECTIVE JULY 1, 2004 THROUGH JUNE 30, 2008
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
RESOLUTION #148-05
WHEREAS, the Township of Old Bridge and the Old Bridge Captains Association are mutually desirous of reaching a voluntary resolution to a successor agreement between the parties; and
WHEREAS, representatives of the Township of Old Bridge and the Old Bridge Captains Association have met and negotiated terms and conditions of employment which are subject to ratification by the respective parties; and
WHEREAS, the terms and conditions of employment are set forth in an Agreement effective July 1, 2004 through June 30, 2008; said Agreement is on file for review during normal business hours at the office of the Township Clerk.
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. That the Old Bridge Captains Association Agreement effective July 1, 2004 through June 30, 2008 be and is hereby approved.
2. The Mayor and Township Clerk are hereby authorized to execute the Agreement on behalf of the Township of Old Bridge.
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
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