A Regular meeting of the Township Council of the Township of Old Bridge was held on May 9, 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.

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

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

NAYS: Councilmen Calogera, Maher.

Clerk's Report

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

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

DOGS
1963-2213 1, 884.00
1988-1989 No charge – replace lost in mail

CATS
1-76 544.00

LICENSES
Vending
Candy - $5.00
#'s
16 CSB Services 5.00

Soda - $10.00
#'s
51 CSB Services 10.00

Amusement - $25.00
#'s
101 Heath Inc 25.00

Hot Dog
442 Concalves 50.00

Limousine
Escort Limo (5 limos) 250.00
Kahn 50.00
Zagalsky 50.00
Zusman 50.00
DVG Limo (9 limos) 450.00
Ali Terek 50.00
Lambert 50.00
Kravtson 50.00
MIRJ Enterprises 50.00
Haqqi 50.00
SLS Benz Luxury 50.00
J. Enterprises (6 limos) 300.00

Flowers
Sunni Calseta (Easter & Mothers Day) 150.00
Junice – Easter 75.00

Taxi
Ed's Intown Car Service – 2 Cars 50.00
G. Mulatti – Driver 5.00

1,820.00

Liquor License
1209-33-006-004 – Trabelli's
Person to Person Transfer 227.03 227.03

BINGO/RAFFLE
RA 47-05 Old Bridge PTA 30.00
RA 48-05 Cheesequake Baseball 30.00
RA 49-05 Virgil Grissom PTA 10.00
RA 50-05 St. Thomas Church 10.00
RA 51-05 Old Bridge Soccer 40.00
RA 52-05 PTA Jonas Salk School n/c
RA 53-05 William Miller School 10.00
RA 54-05 William Miller School 10.00
RA 55-05 Cooper School 20.00
160.00

PARKING PERMITS
#1869-1930 ( Permits) 1,150.00
#1871, 1872, 1875, 1881, 1892, 1896, 1909, 1910, 1914, 1915, 1921, 1922, 1924, 1925
replacements 70.00
1882,1893 at no charge (issued in error)

Temporary Permits
#505-509 (5 permits) 25.00
1,245.00

MISCELLANEOUS
Photocopies 152.84
Late Fee – Dog 560.00 712.84

TOTAL $6,592.87

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

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

DOGS
2214-2337 956.00
2285 & 2322 replacements 1.00

CATS
77-137 413.00

LICENSES
Vending

Amusement - $25.00
#'s
102-103 Township Liquors 50.00

Hot Dog
584 Konya – Keg & Cork Pub 50.00

Limousine
Golden Limo (2 Limousines) 100.00

Ice Cream
579 Duke's Ices 25.00
582 Little Jimmy's Ice Cream 25.00
583 Roberto's Ice Cream 25.00
275.00

Liquor License - RENEWALS
1209-33-024-006 – Peapod Restaurant 2,270.30
1209-33-005-010 – Old New York 2,270.30

4,540.60

BINGO/RAFFLE
RA 56-05 McDivitt PTA 10.00
RA 57-05 St. Ambrose Church 200.00
210.00

PARKING PERMITS
#1931-1975 (39 Permits) 975.00
#1932, 1933, 1953, 1961, 1974
replacements 25.00
1964 no charge – permit damaged

Temporary Permits
#510-515 (6 permits) 30.00
1,030.00
Search
02-2005 10.00 10.00

MISCELLANEOUS
Photocopies 483.31
Late Fee – Dog 375.00 858.31

TOTAL $8,293.91

MOTION

to accept the March and April Clerk Reports by Councilman Butler, seconded by President Baker and so ordered on the following roll call vote:

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

NAYS: None.

Preliminary Public Comments

None.

Ordinance for Second Reading

ORDINANCE NO. 12-2005

GOVERNING THE PRESERVATION, PROTECTION, MAINTENANCE AND REMOVAL OF TREES WITHIN THE TOWNSHIP OF OLD BRIDGE

CHAPTER

WHEREAS, the Township Council of the Township of Old Bridge has determined that the preservation, maintenance and controlled removal of certain trees is essential to the health, safety, economy and general welfare of the Township

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 & FINDINGS OF FACT
The Township Council of the Township of Old Bridge, finds that indiscriminate, uncontrolled, and excessive destruction, as well as the removal and cutting of trees on lots and tracts of land within the Township, may cause:

A. Increased drainage control cost.
B. Increased soil erosion and sedimentation.
C. Decreased fertility of the soil.
D. Degradation of water resources.
E. Decreased groundwater recharge.
F. Increased buildup of atmospheric carbon.
G. The establishment of a heat island effect.
H. Increased dust and pollution.

This could impact the character of the Township and decrease property values, and render the land unfit an unsuitable for its most appropriate use and adversely effects the health, safety and welfare of the inhabitants of the Township. The Township desires to regulate and control indiscriminate and excessive cutting of trees within the Township. The Township strives to preserve the maximum possible number of trees within the Township as well as to protect larger, older specimens of trees, and in addition, to promote the preservation of existing trees and to provide a plan for replacement of trees.

It is recognized that there is a strong relationship between the integrity of the Township's water resources, development on steep slopes, tree removal, soil disturbance, storm water management and the general use of the land resources; and a correlation between increased air pollution and high density residential and commercial or industrial uses. Therefore, the Township finds that the appropriate management of these resources is an important health, safety and general welfare concern.

SECTION 2. DEFINITIONS

The following words and expressions used in this Chapter shall have the following meanings, unless the context clearly indicates a different meaning:

CLEAR CUTTING - The removal of all standing trees on a lot or portion of a lot.

DIAMETER AT POINT OF MEASUREMENT - The diameter of a tree measured four and one-half (4 ½) feet (forestry method) above the ground level on the downhill side for existing trees. Trees utilized in the replacement of existing trees or proposed as part of a landscape plan shall be measured twelve (12) inches above ground level for trees over a four (4) inch diameter, and the measurement shall be six (6) inches above grade for trees up to four (4) inch diameter (nursery method). Diameter at point of measurement may appear as the abbreviation “DPM”.

MANAGEMENT PLAN - Plan for the management of timbered or forested lands developed by the New Jersey Department of Environmental Protection, Bureau of Forestry, or similar state or federal agency or the Township Forester.

MUNICIPAL TREE PLANTING PLAN - A specific plan adopted by the Township Council of the Township of Old Bridge for the location and placement of trees on public property.

REPLACEMENT TREE - A nursery grown certified tree, properly balled, and marked with a durable label indicating genus, species and variety, and satisfying the standards for nursery stock and installation thereof, set forth by the American Association of Nurserymen.

SPECIMEN TREE - Any tree with DPM of thirty-six (36) inches or greater or any tree designated by the Township Council as a Historic or Landmark Tree and such other trees or species of tree as Council may, from time to time designate as a specimen tree.

TREE - Any deciduous or coniferous species which reaches a typical mature height of twelve (12) feet or more and has a typical DPM of (4) inches or greater at maturity.

TREE REMOVAL AND REPLACEMENT PLAN - A specific plan for replacement of removed trees in accordance with the provisions of this chapter.

TREE REMOVAL PERMIT - License issued by the Conservation Officer of the Township of Old Bridge to remove or destroy a tree or trees.

SECTION 3. ESTABLISHMENT OF CONSERVATION OFFICER

There is hereby established the position of “Conservation Officer of the Township of Old Bridge”, who shall be appointed by the Mayor. This official shall be charged with the inspection of sites for which applications are filed under this chapter, and the administration and enforcement of the tree removal and protection requirements of this Chapter. The Conservation Officer shall have a bachelor's degree in forestry, arboriculture or agriculture from an accredited college or university, shall be certified as a “Certified Tree Expert” by the State of New Jersey, and shall have a minimum of five (5) years experience in the planting, care, and maintenance of trees. The Conservation Officer shall be paid from the Tree Escrow Fund which is established herein, and shall be paid in accordance with a fee schedule established by Contract with the Township of Old Bridge.

SECTION 4. CUTTING OR REMOVAL RESTRICTED

Subject to the exemptions set forth herein, no person shall cut or remove, or cause to be cut or removed, any tree upon any lands within the Township, unless the cutting or removal is accomplished in accordance with the provisions of this chapter.

SECTION 5. TREE REMOVAL PERMITS
A. Permit Required.

(1) No person shall remove or destroy or cause to be or allow to be removed or destroyed any tree without first obtaining a tree removal permit. Tree removal permits shall be issued by the Conservation Officer.

(2) Where the tree removal is for the construction of any building, driveway, recreation area or anything else for which a building permit is required, no building permit shall issue until the applicant, unless exempt, has obtained any permit(s) required under this chapter.

(3) Where a tree is proposed to be removed in conjunction with an application for development that requires site plan approval, the applicable provisions of the Township's Land Development Ordinance shall apply in lieu of the requirement for a tree removal permit.

B. Permit Application.
Applications for a permit shall be made to the Conservation Officer and shall contain the following information:

(1) The name and address of the applicant

(2) The name and address of the owner of the property from which the tree(s) are to be removed.

(3) Location on the property of the tree(s) to be removed, indicated on the Tree Removal and Replacement Plan.

A. The plan shall indicate all tree(s) to be removed, specifically by an assigned number, and the caliper of each tree.

B. The plan shall indicate all tree(s) to remain, and proposed replacement trees, specifically by an assigned number.

C. In lieu of (a) and (b), for any clearing greater than three (3) acres, or where determined to be appropriate by the Conservation Officer for any clearing of less than three (3) acres where the property is heavily wooded, a representative five percent (5%) sampling of the wooded areas proposed to be cleared shall be inventoried. The representative five percent (5%) shall be determined by agreement between the Conservation Officer and the applicant, provided that all specimen trees shall be indicated on the plan.

D. All reasonable efforts shall be made to preserve specimen trees, including but not limited to, if feasible, relocation of infrastructure, roadways, and buildings. Removal of specimen trees shall require the specific written recommendation of the Conservation Officer and approval of the Township Council.

E. The plan shall indicate a limit of disturbance line (i.e. where a four (4) foot high standard wood snow fence will be erected if required by the Conservation Officer.)

(4) Any other information which may reasonably be required to enable the application to be properly evaluated including, but not limited to, a description of the purpose for which this application is to be made; e.g. clearing land for agricultural use, harvesting timber, fire protection, private parks, scenic improvements, hardship, danger to adjacent properties, removal of diseased or damaged trees, transplanting or removal in a growing condition to other locations, installation of utilities, or drainage of surface water.

C. Inspection Required.
The Conservation Officer shall inspect the trees and the property which are the subject of the permit application, for the purpose of enforcing this chapter.

D. Exemptions from Ordinance.
Any destruction or removal of trees, except specimen trees, shall be exempt from the provisions of this chapter if the trees sought for destruction or removal are:

(1) Growing on property actually being used as a nursery, garden center or orchard.

(2) Removed in accordance with a “Management Plan” approved by the New Jersey Department of Environmental Protection and Conservation Officer.

(3) Located on a working farm and either cleared in accordance with a soil conservation plan approved by the Department of Environmental Protection, or exempted from DEP requirements.

(4) Located on property of less than one (1) acre, provided no more than five (5) trees are to be removed within any one (1) year period.

(5) Less than four (4) inches DPM.

E. Fees.
Upon application for a tree removal permit, the applicant shall be charged the following fees:

(1) Fifteen dollars ($15.00) per tree, up to a maximum of Six Hundred Dollars ($600.00) per acre, or part thereof, to be cleared.

F. Time Limit.
All tree removal permits shall be limited to one (1) year from date of issuance. If the approved tree removal has not occurred within one (1) year, a new permit must be applied for and is subject to the payment of new fees. If, however, applicant diligently pursues other governmental approval, or if approved development is ongoing, the permit may be renewed for up to two (2) six (6) month periods. A renewal fee of $75.00 shall be due and payable for each renewal.

SECTION 6. TREE ESCROW FUND ESTABLISHED.

A Tree Escrow Fund shall be established by the Township to receive and disburse replacement tree contributions under the supervision of the Township Finance Director. Appropriations from the Tree Escrow Fund shall be authorized by the Mayor and Council in accordance with the municipal tree planting plan.

The primary purpose of said fund is to provide for the replacement of trees. Administrative costs to implement the provisions of this Chapter, including but not limited to site inspections, processing of permits, supervision of tree replacement, and enforcement of this Chapter shall not exceed thirty percent (30%) of the fund, as determined on an annual basis by the Township Finance Director.

SECTION 7. REPLACEMENT TREES.

Any tree removed pursuant to this chapter, unless exempt, shall be replaced based on the following replacement.

A. Trees to be Removed Replacement Trees
Diameter # of Trees Diameter or Dollar Amount

Greater than 4" & up to 12" 1 2-2 ½" $240.00
Greater than 4" & up to 12" 1 3 ½ -4" $480.00
Greater than 12" & up to 18" 2 2-2 ½" $440.00
Greater than 18" & up to 24" 2 3" $840.00
Greater than 24" 4 3" $1,680.00

B. The applicant will receive a one for one replacement tree credit should stands of ten (10) or more trees greater than 4 inches in diameter be preserved within the limit of the disturbance line.

C. All replacement trees shall be planted on site in accordance with the foregoing. However, if one (1) or more of the following conditions exist, some or all of the replacement trees may be planted offsite:

(1) The site in question cannot physically accommodate the total replacement amount of trees, and the applicant contributes an amount equal to the calculated monetary value of unreplaced trees to the Tree Escrow Fund, or

(2) The Conservation Officer and Applicant agree in writing that the Applicant shall make payment to the Tree Escrow Fund based upon the above chart, or

(3) The Conservation Officer and Applicant agree in writing that the Applicant shall plant replacement trees off-site on municipally owned property pursuant to the municipal tree planting plan.

SECTION 8. CRITERIA FOR TREE REMOVAL WITHOUT REPLACEMENT TREES.

A. Existing Developed Property.

If the application is on behalf of an existing developed property not exempt from the provisions of this Chapter, and it is disclosed that the total number of trees, other than specimen trees, to be removed or destroyed on the property which is the subject of the application, is ten (10) or less, the permit shall be issued without replacement trees required. Within any one (1) year period, permits may be used for removal of a total of no more than ten (10) trees on the same property without replacement trees being required.

B. Other Exemptions.

(1) If the application is for a new development for which a subdivision application is required under the municipal land use law or for which a building permit to construct a new single or two-family dwelling on an individual lot is required, up to fifty percent (50%) of the trees on an individual lot may be removed for the purpose of clearing for the proposed building, driveway(s) and usable yard space on the building lot(s) only, without replacement trees required, provided that said clearing not exceed 20,000 square feet of contiguous space.

(2) If the application is for a development for which site plan approval is required under the municipal land use law, all tree removal shall be controlled by the applicable provision of the Land Development Ordinance.

(3) Any tree removed from an area of property to be dedicated as public improvement, e.g. drainage facilities and public roadways, shall be exempt from the replacement provisions of this chapter, except that where private roadways, parking areas or open space are proposed, all trees are subject to replacement in accordance with this chapter.

C. Other Criteria.

(1) The Conservation Officer shall approve the removal of a tree, except a Specimen Tree, without requiring replacement trees or payment into the Tree Escrow Fund, if the following criteria apply:

(a) The tree is located on a parcel for which preliminary or final subdivision or site plan approval was obtained prior to the adoption of the within Ordinance and it cannot be relocated on the site because of its age, type or size; or

(b) The tree is dead, diseased, injured, in danger of falling, interferes with existing utility service, creates an unsafe condition, or its continued presence conflicts with any other Ordinances or regulations.

C. No Specimen Tree shall be removed, unless the Conservation Officer has obtained the approval of the Township Council.

SECTION 9. ENFORCEMENT

The requirements of this Chapter shall be enforced by the Conservation Officer, who shall inspect or require adequate inspection of all sites upon which there is an application for tree removal. The Conservation Officer shall oversee all applicable tree removal or destruction and soil removal incidental thereto. Upon ascertaining a violation of this chapter, the Conservation Officer shall refer charges in the Municipal Court as provided in this Article. In addition to other remedies, the Conservation Officer, Zoning Officer, Construction Official, or other proper municipal official, may institute any appropriate legal action to prevent a continuing violation of the terms of this chapter.

SECTION 10. VIOLATIONS AND PENALTIES

Any person, violating or causing to be violated any of the provisions of this Article, shall be subject to a fine of not less than Two Hundred Fifty Dollars ($250.00) and not more than One Thousand Dollars ($1,000.00) and shall replace each tree destroyed or removed in violation of this Article in accordance with the tree replacement provision of this chapter. Each tree destroyed or removed in violation of this Article shall be considered a separate offense.

SECTION 11. APPEAL

Any applicant or permit holder or any person otherwise aggrieved under this chapter, may appeal to the Township Council any decision of the Township Conservation Officer by filing written notice with the Township Clerk within ten (10) days of said decision. The Township Council is hereby authorized and empowered in such cases to hear and fully decide and dispose of such matters. The Township Council shall hold a public hearing thereon and act upon the same no later than sixty (60) days after the notice has been filed, unless the applicant requests, and the Township Council consents to extend the time for such action.

SECTION 12. SEVERABILITY.

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

SECTION 13. INCONSISTENT ORDINANCES.

All ordinances or parts of ordinances inconsistent with the provisions of this chapter shall be and the same are hereby repealed. If any section, subdivision, sentence, clause or provision of this chapter shall be adjudged invalid, such adjudications shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of the chapter shall be deemed valid and effective.

SECTION 14. EFFECTIVE DATE.

This chapter shall take effect upon final passage and publication as provided by law.

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

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

NAYS: None.

ABSTAIN: Councilman Maher.

Prior to the vote the following discussion took place.

Councilman Testino requested that this ordinance be reviewed in one years time to make sure that the residents in town are not adversely affected by this. Councilman Testino stated that he was against clear cutting trees and because of that he will be supporting this ordinance.

Councilman Gillespie commended the Township Attorney and Administration for implementing this ordinance.

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. 13-2005

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE PROVIDING FOR THE DEFENSE OF ACTIONS AND INDEMNIFICATION OF PUBLIC EMPLOYEES AND OFFICIALS

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

Section 1. Amendment by Addition.

Chapter III of the Code of the Township of Old Bridge is hereby amended to read as follows:

3.7 Defense and Indemnification of Officials and Employees

Section 3-7.1 Intent and Purpose

It is the intent and purpose of this chapter to provide for the defense of actions against the indemnification of public employees and officials as permitted by N.J.S.A. 59-10-1, et seq.

Section 3-7.21. Definitions: As used in this chapter:

"Employee" or "official" includes an officer, employee, servant or official, whether or not compensated or part-time, who is authorized to perform any act or service; provided, however, that the term does not include an independent contractor.

"Public employee" or "public official" means any employee or official or former employee or former official of the Township of Old Bridge.

Section 3-7.3 Defense of Actions and Indemnifications

A. The Township of Old Bridge shall provide for indemnification and the defense of any action brought against a public employee or official on account of any act or omission in the scope of his employment, and this obligation shall extend to any cross-actions, counterclaims or cross-complaints against such employee.

B. Private counsel engaged to represent officers or employees shall be paid the rate of $135.00 per hour unless a different hourly rate is provided by contract between the Township of Old Bridge and the attorney.

Section 3-7.4. Exceptions:

The provisions of Section 3-7.3 shall not be applicable when a Court of Competent Jurisdiction determines that:

(a) the act or omission was not within the scope of employment; or
(b) the act of failure to act was because of actual fraud, willful mis-conduct or actual malice; or
(c) the defense of the action and indemnification are provided for by an insurance policy or policies, whether obtained by the Township or by any other person; or
(d) the public employee or official failed to deliver any original or a copy of the same to the Township Clerk of the Township of Old Bridge within ten (10) calendar days after the time he or she is served.
(e) the public employee or official has failed to cooperate fully with the defense.

Section 3-7.5 Withholding Defense: Defending Under Reservation:

If the defense and indemnification are not provided for by an insurance policy or policies; and if it appears to be the Township Council that a particular claim, lawsuit, action or proceeding may not be properly the subject for municipal indemnification because of factual disputes which can only be resolved as the case develops (during investigation, discovery motion or trial) the Township Council may elect to either:

A. Withhold a defense until such time as the matter is established to be a proper one for indemnification. In such case the employee, officer, or official shall engage his or her own counsel to defend the claim, lawsuit, action or proceeding subject to reimbursement or reasonably necessary fees and costs. Reimbursement shall be made only in the case of a later determination that the claim was the proper subject of indemnification; or

B. The Township of Old Bridge may elect to provide a defense in such case but subject to a reservation of rights with respect to any obligation to indemnify the employer, officer or official.

In the event the Township of Old Bridge extends a defense to an officer or employee under a reservation of rights, the Township Council may require the officer or employee to sign an agreement to repay defense costs expended by the Township of Old Bridge, if an exception under Section 3-7.4 is determined by a Court of competent jurisdiction.

Section 3-7.6 Methods of Providing Defense:

The Township of Old Bridge may provide any defense required of it under this chapter through an attorney from its own staff or by employing other counsel.

Section 3-7.8 Control Over Litigation:

Whenever the Township of Old Bridge provides any defense required of it under this chapter, the Township of Old Bridge through counsel, may assume exclusive control over the representation of the public employee or official and such employee or official shall cooperate fully with the defense.

Section 3-7.8 Indemnification:

In any case where the Township of Old Bridge is required to provide a defense under this chapter, the Township of Old Bridge shall pay or shall reimburse the public employee or official for:

(a) any bonafide settlement agreements entered into by the employee or official; and
(b) any judgments entered against the employee or official; and
(c) if the Township of Old Bridge has failed to provide such required defenses, all costs of defending the action, including reasonable attorney fees and expenses, together with costs of any appeal.

In addition, in any case where the Township of Old Bridge would be required to provide a defense under this chapter except for the fact that such defense is provided for any insurance, the Township of Old Bridge shall provide indemnification as aforesaid, but only to the extent not covered by insurance.

Section 3-7.9 Punitive Damages:

The Township of Old Bridge shall also indemnify any employee or official in any case where a defense has provided with respect to awards of punitive or exemplary damages except in the following cases.

(1) the act or omission was not within the scope of employment for the Township of Old Bridge; or
(2) the employee or official engaged in actual fraud; or
(3) the employee or official engaged in willful misconduct or actual malice.

In these cases where no defense has been provided or a defense has been provided under a reservation of rights, the Township of Old Bridge shall not indemnify any person for liability or an award of damages whether compensatory, punitive or exemplary unless the governing body has first declared and determined that the employee or official is property entitled to indemnification.

Section 2. Severability:

If any section, subsection, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court or federal or state agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall be affect the validity of the remaining portions hereof.

Section 3. Inconsistent Laws:

All inconsistent ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed.

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.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 14-2005

AN ORDINANCE ACCEPTING STREETS WITHIN THE CEDAR RIDGE DEVELOPMENT FOR USE AS PUBLIC ROADS

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

SECTION 1: PURPOSE

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

SECTION 2: ORDINANCE

The Township of Old Bridge formally accepts the following roads in their entirety for use as a public roads: Winston Drive, Pemberton Drive, Ortley Court, South Rutledge Court, North Rutledge Court, Gates Court, Wainwright Drive.

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4. PARTIAL INVALIDITY

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

SECTION 5. EFFECTIVE DATE

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

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

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

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

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

NAYS: None.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 15-2005

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE ESTABLISHING TRAFFIC REGULATIONS FOR THE ROADWAYS OF THE CEDAR RIDGE DEVELOPMENT

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

SECTION 1: PURPOSE

This Ordinance establishes speed limits and designates the location of stop signs for the roads of the Cedar Ridge Development.

SECTION 2: STOP INTERSECTIONS:

Chapter X of the Code of the Township of Old Bridge is hereby amended by adding and supplementing with the following:

Intersection Stop Sign(s) On:
Morganville Road & Pemberton Drive - Pemberton Drive
Morganville Road & Winston Drive - Winston Drive
Pemberton Drive & Ortley Court - Ortley Court
Pemberton Drive & Gates Court - Gates Court
Pemberton Drive & Wainwright Drive - Wainwright Drive
Winston Drive & North Rutledge Court - North Rutledge Court
Winston Drive & South Rutledge Court - South Rutledge Court
Winston Drive & Wainwright Drive - Wainwright Drive

SECTION 3: SPEED LIMITS

Chapter X of the Code of the Township of Old Bridge is hereby amended by adding and supplementing with the following

Pemberton Drive 25 mph Both Direction, Entire Length
Winston Drive 25 mph Both Direction, Entire Length
Ortley Court 25 mph Both Direction, Entire Length
South Rutledge Court 25 mph Both Direction, Entire Length
North Rutledge Court 25 mph Both Direction, Entire Length
Gates Court 25 mph Both Direction, Entire Length
Wainwright Drive 25 mph Both Direction, Entire Length

SECTION 4: INCONSISTENT ORDINANCES

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

SECTION 5. PARTIAL INVALIDITY

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

SECTION 6. EFFECTIVE DATE

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

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

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

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

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

NAYS: None.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE No. 16-2005

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, APPROVING AND AUTHORIZING THE ENTERING INTO, EXECUTION AND DELIVERY OF A LEASE AND AGREEMENT WITH THE MIDDLESEX COUNTY IMPROVEMENT AUTHORITY RELATING TO THE ISSUANCE OF COUNTY-GUARANTEED CAPITAL EQUIPMENT LEASE REVENUE BONDS, SERIES 2005 OF THE MIDDLESEX COUNTY IMPROVEMENT AUTHORITY

WHEREAS, the Middlesex County Improvement Authority (the "Authority") is authorized to issue its bonds pursuant to the provisions of the County Improvement Authorities Law, chapter 183 of the Laws of New Jersey of 1960, as amended and supplemented (N.J.S.A. 40:37A-44 et seq.) (the “County Improvement Authorities Law”), and other applicable provisions of law; and

WHEREAS, the Authority has determined to issue its revenue bonds for the purpose of financing the acquisition of capital equipment for the purposes of leasing the same to various municipalities located in the County of Middlesex in the State of New Jersey (the "2005 Program"); and

WHEREAS, the Township of Old Bridge, in the County of Middlesex, State of New Jersey (the "Municipality") has determined to participate in the 2005 Program and to lease certain capital equipment from the Authority; and

WHEREAS, there has been prepared and submitted to the Municipality the form of the Lease and Agreement (the "Lease"), to be entered into by and between the Authority and the Municipality, which Lease has been approved by the County of Middlesex, State of New Jersey (the "County") and which is on file with the Township Clerk as Exhibit A, providing for the acquisition and leasing of certain Items of Equipment from the Authority, which Equipment is described in Exhibit B on file with the Township Clerk and incorporated by reference herein. All terms used herein and not otherwise defined shall have the same meanings ascribed to such terms under the Lease.

NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE GOVERNING BODY OF THE TOWNSHIP OF OLD BRIDGE , IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS:

Section 1. Pursuant to section 78 of the County Improvement Authorities Law, N.J.S.A. 40:48-1 et seq., the Municipality is hereby authorized and directed to enter into and perform the Lease, which Lease provides for the leasing of certain Items of Equipment acquired with the proceeds of County-Guaranteed Capital Equipment Lease Revenue Bonds, Series 2005 (the "Bonds") to be issued by the Authority under a resolution of the Authority to be adopted by the Authority entitled, "Resolution of the Middlesex County Improvement Authority Authorizing the Issuance of County-Guaranteed Capital Equipment Lease Revenue Bonds" (the "General Bond Resolution"). The Lease, in substantially the form submitted herewith in Exhibit A (a copy of which is on file in the office of the Clerk of the Municipality), is hereby approved with such changes, amendments or modifications as may be approved by counsel or bond counsel to the Municipality and bond counsel to the Authority and the County.

Section 2. The full faith and credit of the Municipality are hereby pledged to the punctual payment of the obligations set forth in the Lease authorized by this ordinance, including without limitation, (i) all Basic Rent and Rent obligations of the Municipality under the Lease including, Authority Administrative Expenses and Additional Rent, (ii) all amounts due and owing to the County as a result of payments made by the County on behalf of the Municipality under the Lease pursuant to the County Guarantee, including County Guarantee Costs and (iii) all direct and indirect costs of the Authority and the County related to the enforcement of the Lease and the County Guarantee ((i), (ii) and (iii) collectively, the "Lease Payment Obligation"). The Lease Payment Obligation under the Lease shall be a direct, unlimited and general obligation of the Municipality, not subject to annual appropriation by the Municipality pursuant to the County Improvement Authorities Law, and unless paid from other sources, the Municipality shall be obligated to levy ad valorem taxes upon all the taxable property within the Municipality for the payment of the Lease Payment Obligation thereunder without limitation as to rate or amount. The Mayor or other Authorized Municipal Representative (as defined in the Lease) is hereby authorized and directed to execute the Lease on behalf of the Municipality in substantially such form as on file with the Township Clerk in Exhibit A and the Clerk of the Municipality is hereby authorized and directed to attest to such signature and affix the seal of the Municipality thereto and the Lease is authorized to be delivered to the Authority. All representatives, officials and employees of the Municipality are hereby authorized and directed to enforce and to implement provisions of the Lease.

Section 3. The following additional matters are hereby determined, declared, recited and stated:

(1) The maximum Lease Payment Obligation for which the Municipality shall be obligated hereunder, which, inter alia, will be used for the payment of principal of and interest on the Bonds of the Authority shall not exceed the sum necessary to (a) acquire the Municipality's Equipment described in Exhibit B which will be subject to the Lease, (b) pay interest on the Authority's Bonds allocated to the Municipality and used to acquire the Municipality's Equipment, and (c) pay the Municipality's share of the costs of issuance, Authority Administrative Expenses, Additional Rent, County Guarantee Costs and all other amounts required to be paid by the Municipality under the Lease.

(2) The Bonds shall mature within fifteen (15) years from the date of issue.

(3) The Lease Payment Obligation authorized herein shall remain effective until all the Authority's Bonds shall have been paid in full in accordance with their terms and/or when all obligations of the Municipality under the Lease have been satisfied, notwithstanding the occurrence of any other event, including but not limited to the termination of the Lease with respect to some or all of the Items of Equipment leased thereunder.

(4) The Items of Equipment described in Exhibit B are hereby approved to be leased from the Authority in accordance with the terms of the Lease, with such changes, amendments or modifications as may be approved by counsel or bond counsel to the Authority.

Section 4. To the extent the Municipality is an “Obligated Person” (as defined under the Rule (as hereinafter defined)), the Municipality hereby agrees to comply with the requirements of Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended and supplemented, including the secondary market disclosure requirements contained therein, and agrees to covenant to such compliance in the Lease. The Mayor, Clerk, Chief Financial Officer or other Authorized Municipal Representative are each hereby authorized and directed to execute and deliver a Continuing Disclosure Agreement, approve and "deem final" the Official Statement of the Authority and the preliminary form thereof to the extent the information contained therein relates to the Municipality and to execute and deliver all certificates, documents and agreements to the Authority in connection therewith and to file budgetary, financial and operating data of the Municipality on an annual basis and notices of certain enumerated events as required to comply with and in accordance with the provisions of the Rule.

Section 5. The Mayor, Clerk, Chief Financial Officer or Authorized Municipal Representative are each hereby authorized and directed to execute and deliver any and all certificates, documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the execution and delivery of the Lease, the leasing of the Equipment which is to be the subject of the Lease and all related transactions contemplated by this ordinance.

Section 6. Upon the payment of all amounts referenced in Section 3(3) herein, the full faith and credit pledge of the Municipality as to its Lease Payment Obligations authorized herein shall cease to exist.

Section 7. The provisions of this ordinance are severable. To the extent any clause, phrase, sentence, paragraph or provision of this ordinance shall be declared invalid, illegal or unconstitutional, the remaining provisions shall continue to be in full force and effect.

Section 8. This ordinance shall take effect twenty (20) days after final adoption and publication in accordance with applicable law.

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

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

NAYS: None.

President Baker opened the public portion on the Consent Agenda.

Ms. Seiler spoke on two Consent Agenda items:
1.) Pension Road Irrigation Project, Resolution #189-2005; inquired as to which Department's budget the money was coming out of.
2.) Janitorial Services, Resolution #219-05; inquired as what the services were for.
Ms. Seiler requested that name and addresses be listed on the agenda.

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

CONSENT AGENDA

BLOCK PARTY – CINDY STREET

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

RESOLUTION #179-05

WHEREAS, the residents of have requested permission to close Cindy Street at the intersection of Hastings Road/Calvin Court for the purpose of a block party to be held on July 30, 2005. (Rain date July 31, 2005)

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions.

It is a requirement of this approval that you must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Clerk's office before Council approval.

It is a requirement of this approval that Cindy Street be completely closed to vehicular traffic from the intersection of Hastings Road/Calvin Court. This closing must apply also to the residents' vehicles as well as other vehicles. You will be responsible for making provision to have the roadway blocked, making sure that there is access for residents to enter and depart as they desire. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant).

The party must end and the streets reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

Moved by Councilman Testino, 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.

BLOCK PARTY – HEATHER DRIVE

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

RESOLUTION #180-05

WHEREAS, the residents of have requested permission to close Heather Drive at the intersection of Alpha Avenue/Gaub Road for the purpose of a block party to be held on July 23, 2005. (Rain date July 24, 2005)

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions.

It is a requirement of this approval that you must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Clerk's office before Council approval.

It is a requirement of this approval that Heather Drive be completely closed to vehicular traffic from the intersection of Alpha Avenue/Gaub Road. This closing must apply also to the residents' vehicles as well as other vehicles. You will be responsible for making provision to have the roadway blocked, making sure that there is access for residents to enter and depart as they desire. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant).

The party must end and the streets reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

Moved by Councilman Testino, 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.

BLOCK PARTY – EXETER STREET

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

RESOLUTION #181-05

WHEREAS, the residents of have requested permission to close Exeter Street at the intersection of Thomas/Hastings/Wrye Roads for the purpose of a block party to be held on August 6, 2005. (Rain date August 13, 2005)

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions.

It is a requirement of this approval that you must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Clerk's office before Council approval.

It is a requirement of this approval that Exeter Street be completely closed to vehicular traffic from the intersection of Thomas/Hastings/Wrye Roads. This closing must apply also to the residents' vehicles as well as other vehicles. You will be responsible for making provision to have the roadway blocked, making sure that there is access for residents to enter and depart as they desire. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant).

The party must end and the streets reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

Moved by Councilman Testino, 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.

GRANTING PERMISSION FOR ST. AMBROSE CARNIVAL

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

RESOLUTION #182-05

WHEREAS, permission is hereby granted to St. Ambrose to hold their annual Carnival from June 21, 2005 through June 25, 2005; and

WHEREAS, the Township Council wishes to endorse such a carnival and permit such a carnival to occur; and

WHEREAS, St. Ambrose Church will hold the carnival on St. Ambrose Church Grounds on Throckmorton Lane; and

WHEREAS, a resolution is required for that purpose.

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 grants permission for a Carnival to be conducted by St. Ambrose Church on June 21, 2005 through June 25, 2005 on St. Ambrose Church grounds on Throckmorton Lane:

1. Submission of a Certificate of Liability Insurance in the amount of One Million Dollars ($1,000,000) naming the Township of Old Bridge as certificate holder.

2. All necessary permits to be obtained through the offices of Code Enforcement, Health Department, Fire Official and Police Department as least 48 hours in advance of said Carnival.

3. Said Carnival to be held in conformance with Township rules and regulations.

Moved by Councilman Testino, 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.

RESOLUTION AUTHORIZING AGREEMENT BETWEEN GPU AND ST. AMBROSE CHURCH TO INSTALL A BANNER ON POLES JC1685 AND BT3786

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

RESOLUTION #183-05

WHEREAS, St. Ambrose Church wishes to enter into an agreement to temporarily attach a certain banner to utility poles which are owned and occupied by Jersey Central Power and Light and Verizon, namely poles JC1685 and BT3786; and

WHEREAS, the banner will be displayed between June 2, 2005 and July 1, 2005 announcing the Carnival to be held at St. Ambrose Church grounds; and

WHEREAS, these poles have been pre-approved by Jersey Central Power & Light and Verizon for St. Ambrose Church to temporarily attach certain banners to utility poles for a period beginning June 5, 2005 and ending July 1, 2005 and shall be removed promptly at the end of the specified period.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that St. Ambrose Church us authorized to temporarily hang a banner promoting the St. Ambrose Carnival to be held between June 21, 2005 and June 25, 2005.

Moved by Councilman Testino, 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.

AUTHORIZING THE IMPLEMENTATION OF CDBG PROGRAM MODIFICATIONS RECOMMENDATIONS

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

RESOLUTION #184-05

WHEREAS, The Township of Old Bridge, participates in the CDBG Program through the Department of Housing and Urban Development; and

WHEREAS, guidelines for the CDBG program have been in place for a lengthy period of time and are in need of modification; and

WHEREAS, the Township CDBG Director, with input from Housing and Community Development, Inc. Township consultant in this matter, has provided a list of program modifications recommendations.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the following modifications recommendations are authorized within the CDBG Program of the Township of Old Bridge by the Township CDBG Director.

1. Proof of Ownership
a. A Title Search shall be required if a mortgage is being created.
b. Only a Tax Search shall be required if a grant is being provided.

2. Grant Limits
Limits shall be increased from $3,500.00 and up to $500.00 contribution from applicant to $4,000.00 and up to $800.00 contribution from applicant.

3. In the interest of servicing more applicants, preference will be given to the grant program rather than the mortgage program.

4. Except for emergencies (as defined by the Department of Housing and Urban Development), repeat applicants (including programs) will only be serviced when there are no other applicants, waiting to be processed.

IT IS FURTHER RESOLVED that a copy of this Resolution shall be forwarded to the Department of Housing and Urban Development forthwith.

Moved by Councilman Testino, 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.

AUTHORIZING CONTRACT WITH ANDRE'S PLUMBING AND HEATING NUNC PRO TUNC RE: EMERGENCY REPAIRS EVENT 3/9/05

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

RESOLUTION #185-05

WHEREAS, the Township of Old Bridge required the services of a contracting firm with regard to the emergency situation on March 9, 2005; and

WHEREAS, Andre's Plumbing and Heating, located at 905 Waterworks Road, Freehold NJ 07728, a licensed New Jersey contracting corporation, is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with Andre's Plumbing and Heating in the amount of $1,730.00 for the emergency repairs from the circulating pump on the air handler on March 9, 2005 at the Laurence Harbor Senior Center.

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

1. The contract for emergency repairs for the circulating pump on the air handler on March 9, 2005 at the Laurence Harbor Senior Center is authorized to Andre's Plumbing and Heating in the amount of $1,730.00 nunc pro tunc.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1333 certifying the existence of a sufficient appropriation to fund the said contract.

The resolution is conditioned upon the following:

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

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

Moved by Councilman Testino, 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.

AUTHORIZING PAYMENT TO JET-VAC, INC. FOR PARTS

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

RESOLUTION #186-05

WHEREAS, the Township of Old Bridge required parts to be purchased from Jet-Vac, Inc. for the repair of the Jet-Vac; and

WHEREAS, the parts required to repair the Jet-Vac totaled $21,332.97.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that payment is authorized to be made to Jet-Vac, Inc. in the amount of $21,332.97 for Jet-Vac parts.

Moved by Councilman Testino, 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.

AUTHORIZING PAYMENT TO WERNER DODGE FOR AUTO PARTS

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

RESOLUTION #187-05

WHEREAS, the Township of Old Bridge required parts to be purchased for the repair of certain Road Department vehicles; and

WHEREAS, the parts required to repair these vehicles were purchased from Werner Dodge; and

WHEREAS, the parts purchased totaled $855.66.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that payment is authorized to be made to Werner Dodge in the amount of $855.66 for Road Department Vehicle parts.

Moved by Councilman Testino, 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.

CANCELING TAXES FOR 100% DISABLED VETERAN – EUGENE RYAN

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

RESOLUTION #188-05

WHEREAS, N.J.S.A. 54-4-3.30 et. seq. authorizes an exemption from local property taxation the property of any veteran who has been declared by the United States Veterans Administration to be 100% disabled as of the date of same; and

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

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Tax Collector is hereby authorized to cancel the portion of the 2003 taxes, the 2004 taxes and the first half of the 2005 taxes billed on the property.

BE IT FURTHER RESOLVED that these tax payments be refunded as of the date of the 100% disability exemption.

Block Lot Date of Billing to be Refund Name Address
Disability Cancelled Amount

26026 23 11/1/03 $6,046.03 $5,162.93 Eugene 218 Austin Ryan Avenue

Moved by Councilman Testino, 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.

AUTHORIZING PROFESSIONAL SERVICES CONTRACT WITH CME ASSOCIATES FOR THE PENSION ROAD IRRIGATION PROJECT

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

RESOLUTION #189-05

WHEREAS, the Township of Old Bridge requires the services of a professional engineering firm for the proposed irrigation and remedial grading improvements for the existing athletic field on Pension Road; and

WHEREAS, CME Associates located at 1480 Route 9, Howell, NJ 07731 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 proposes 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 1480 Route 9, Howell, NJ 07731 in the amount of $8,200.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1338 certifying the existence of 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.

4. This contract is awarded without competitive bidding as a Professional Services under the provisions of the Local Public Contracts Law (N.J.S.A. 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 a 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. Issuance of a Certification 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, all the above requirements are executed.

Moved by Councilman Testino, 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.

AUTHORIZING APPROVAL FOR LEGAL SERVICES WITH THOMAS NORMAN, ESQ. FOR LEGAL REPRESENTATION OF THE PLANNING BOARD IN THE MATTER KNOWN AS BRUNETTI V. OLD BRIDGE PLANNING BOARD

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

RESOLUTION #190-05

WHEREAS, the Old Bridge Township Planning Board requires special counsel in the matter known as Brunetti v. the Old Bridge Township Planning Board; and

WHEREAS, Thomas Norman, Esq. 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, County of Middlesex, State of New Jersey that Thomas Norman, Esq. is hereby appointed as Special Counsel to represent the Old Bridge Township Planning Board in the matter known as Brunetti v. Old Bridge Township Planning Board

Moved by Councilman Testino, 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.